The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

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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.

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Serena Forlati, LLM (1993, Bruges), PhD (1998, Sapienza University of Rome), is Professor of International Law at the University of Ferrara. Among her research interests are the law of treaties and the international judicial function, specifically of the ICJ.
Makane Moïse Mbengue is Professor of International Law at the Faculty Law of the University of Geneva and Affiliate Professor at Sciences Po Paris (School of Law). He acts as Counsel in disputes before the International Court of Justice.
Brian McGarry is Assistant Professor at Leiden University’s Grotius Centre for International Legal Studies. His PhD, The theory and practice of intervention before the International Court of Justice, received the University of Geneva’s 2019 prize for best thesis in law.
  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
Academics and practitioners searching for cross-cultural insights into both the ICJ’s role in the settlement of disputes and the evolution of the international legal order over the past twenty years.