E D I T O R I A L
In its first major environmental verdict ever, the International Court of Justice at the Hague ruled on September 25 that both Hungary and Slovakia committed wrongful international acts concerning the Gabcikovo-Nagymaros dam project.
The Court found that Hungary did not have the right to back out of a 1977 treaty which it signed with the former Czechoslovakia to build a giant hydroelectric dam project along a common border of the Danube River. Hungary stopped work in 1989 in response to protests from environmental groups, and completely abandoned the project in 1992.
The Court also found that Slovakia did not have the right to unilaterally divert the course of the border river toward its dam which it completed at Gabcikovo. The World Wildlife Fund, which has been observing progress of the dam for five years, states that Slovakia diverted 80 percent of the river to its dam, beginning when its power plant started up on October 24, 1997.
In 1993, unable to reach an agreement, both countries turned to the Hague to resolve their disputes.
In its September ruling, the Court laid equal blame on both sides and called on them to resume talks and reach an agreement within six months. No damages were imposed. The Court also said that all necessary measures should be taken to ensure the implementation of the 1977 accord.
Slovak officials considered the ruling a victory, interpreting it as a demand that Hungary honor its original treaty obligations. At the same time, environmentalists on both sides complained that the courtŐs ruling focused too heavily on political questions and failed to adequately address environmental concerns. Hungary argues that the dam project has wreaked havoc on flora and fauna in the affected area and deprived Hungary of vital water resources. The World Wildlife Fund says that 8,000 hectares of floodplains near the Slovak power plant have been seriously damaged.
The International Court has suggested that environmental clauses could now be added to the original 1977 treaty, and that both sides take a fresh look at the environmental status of the affected area.
Talks resumed November 10 between the two sides, at which time Slovakia again stressed that Hungary build a dam to enable the Gabcikovo power plant to operate at peak capacity. Hungarian negotiations leader Janos Nemcsok said Hungary would not build a dam at Nagymaros, but during second round talks two weeks later, Nemcsok proposed building two smaller dams on the Hungarian side.