Full Description
The Gabčíkovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of 'general' international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court's findings in light of subsequent developments in the international legal order, focusing on the role of the 'World Court' in fostering such developments.
Contents
List of Abbreviations
Preface
Part 1: The Case
1 The Gabčíkovo-Nagymaros Case: a Personal Recollection
Alain Pellet
2 The Gabčíkovo-Nagymaros Project: the Background of the Case
Malgosia Fitzmaurice
3 Canonical Cross-Referencing in the Making of the Law of International Responsibility
Jean d'Aspremont
Part 2: The Law of Treaties
4 Introduction to Part 2
Laura Pineschi
5 The Pacta Sunt Servanda Principle or the Limits of Interpretation: the Gabčíkovo-Nagymaros Case Revisited
Christina Binder and Jane A Hofbauer
6 Termination of Treaties: the Contribution of the Gabčikovo-Nagymaros Judgment
Panos Merkouris
Part 3: International Responsibility
7 Introduction to Part 3
Alessandra Gianelli
8 The Relationship between the Law of Treaties and the Law of International Responsibility
Serena Forlati
9 Circumstances Precluding Wrongfulness
Pierre Bodeau-Livinec
10 Of Restoring Compliance, Lex Specialis and Intersecting Wrongs
Loris Marotti and Paolo Palchetti
Part 4: The Law of Sustainable Development
11 Introduction to Part 4
Laurence Boisson de Chazournes
12 On Sustainable Development: a Conversation with Judge Weeramantry
Makane Moïse Mbengue
13 Vigilance and Prevention
Leslie-Anne Duvic-Paoli
14 Norms, Standards, and the Elusive Nomenclature of the Gabčíkovo-Nagymaros Judgment
Brian McGarry
15 Concluding Remarks: the Legacy of a Landmark Case
Attila Tanzi
Bibliography
Index
