Those conditions reflect customary international law. The 1977 Treaty — and in particular its Articles 15, 19 and 20 — actually made available to the parties the necessary means to proceed at any time, by negotiation, to the required readjustments between economic imperatives and ecological imperatives. 1842-1811, in Czechoslovak territory; (d) series of locks on the by-pass canal, in Czechoslovak territory, consisting of a hydroelectric power plant with installed capacity of 720 MW, double navigation locks and appurtenances thereto ; (e) improved old bed of the Danube at r.km. According to its Preamble, the barrage system was designed to attain. It would follow from such a principle that an injured State which has failed to take the necessary measures to limit the damage sustained would not be entitled to claim compensation for that damage which could have been avoided. That the Parties shall immediately begin negotiations with a view, in particular, to adopting a new timetable and appropriate measures for the implementation of the Treaty by both Parties, and to fixing the amount of compensation due by the Republic of Hungary to the Slovak Republic; and that, if the Parties are unable to reach an agreement within six months, either one of them may request the Court to render an additional Judgment to determine the modalities for executing its Judgment. O-l-A.). Such participation includes both the right to utilize the watercourse and the duty to cooperate in the protection and development thereof, as provided in the present Convention." Hungary identified a number of "substantive elements" present at the conclusion of the 1977 Treaty which it said had changed fundamentally by the date of notification of termination. It concluded that "the notion of state of necessity is... deeply rooted in general legal thinking" (ibid., p. 49, para. That the Republic of Hungary must therefore cease forthwith all conduct which impedes the full and bona fide implementation of the 1977 Treaty and must take all necessary steps to fulfil its own obligations under the Treaty without further delay in order to restore compliance with the Treaty. The evidence shows that the Slovak Government passed resolutions prior to the signing of the 1977 Treaty in preparation for its implementation; and again, after signature, expressing its support for the Treaty. The closure of the bed was begun on 23 October 1992 and the construction of the actual dam continued from 24 to 27 October 1992: a pontoon bridge was built over the Danube on Czechoslovak territory using river barges, large stones were thrown into the riverbed and reinforced with concrete, while 80 to 90 per cent of the waters of the Danube were directed into the canal designed to supply the Gabčikovo power plant. It is clear that the Project’s impact upon, and its implications for, the environment are of necessity a key issue. Immediately after that meeting, the Hungarian Government adopted a second resolution, under which the suspension of work at Nagymaros was extended to 31 October 1989. Neither of the Parties contended that new peremptory norms of environmental law had emerged since the conclusion of the 1977 Treaty, and the Court will consequently not be required to examine the scope of. In Article 5 of the Special Agreement the Parties agreed to enter into negotiations on the modalities for the execution of the Judgment immediately after the Court has rendered it. It follows that the Court has no need to consider whether Hungary, by proceeding as it did in 1989, "seriously impair[ed] an essential interest" of Czechoslovakia, within the meaning of the aforementioned Article 33 of the Draft of the International Law Commission — a finding which does not in any way prejudge the damage Czechoslovakia claims to have suffered on account of the position taken by Hungary.
", On 30 July 1991 the Slovak Prime Minister informed the Hungarian Prime Minister of. On 23 July 1991, the Slovak Government decided "to begin, in September 1991, construction to put the Gabčikovo Project into operation by the provisional solution". It may only be invoked to exonerate from its responsibility a State which has failed to implement a treaty. - 6 May 1997, Article 4, the Vienna Convention of 23 May 1969 on the Law of Treaties, Article 62 of the Vienna Convention on the Law of Treaties, Article 60 of the Vienna Convention on the Law of Treaties, Article 61 of the Vienna Convention on the Law of Treaties, Articles 65 to 67 of the Vienna Convention on the Law of Treaties, Article 64 of the Vienna Convention on the Law of Treaties, Article 34 of the Vienna Convention of 23 August 1978 on Succession of States, Article 26 of the Vienna Convention of 1969 on the Law of Treaties. (5) Intake structure for the Mosoni Danube.
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