The Passage of Time in International Environmental Disputes
AbstractThis paper examines questions arising from the decision of the International Court of Justice in the Danube Dam Case. The matter involved the 1977 agreement between Hungary and Slovakia to construct a complex dam system in the Danube River. The author argues that contracting parties to international agreements cannot ignore developments in environmental law and science. He examines the general theory of 'intertemporal laws' and the separate opinion of the Vice-President Judge Weeramantry. The paper concludes that the Danube Dam Case maintained the sanctity of treaties while recognising that contemporary developments in environmental science and law could not be excluded from treaty relationships. |