INTRODUCTION: LESSONS FROM THE PAST REFLECTING INTO THE FUTURE

The Gabčikov-Nagymaros case (Danube Dam case) provides an insightful glimpse of emerging concepts in international environmental law. These concepts may not have been decisive for the holding of the decision, but they had an underlying and indirect influence on the outcome. These underlying concepts provide an important framework for analyzing difficult international environmental law cases and will yet play a significant role in determining the outcome of future international environmental law disputes. The same concepts made an earlier appearance in the historic Trail Smelter arbitration. I intend to open the Trail Smelter arbitration as a window onto the contemporary nature and status of the following principles, which also found some expression in the Danube Dam case: (1) sustainable development; (2) environmental impact assessment; and (3) continued environmental monitoring.

THE DANUBE DAM CASE

On September 16, 1977, the Hungarian People's Republic and the Czechoslovak People's Republic concluded a treaty (Treaty) by which they agreed to build a series of locks and dams along a stretch of the Danube River between Gabčikovo in Czechoslovak territory and Nagymaros in Hungarian territory. The Treaty provided for the building of a series of dams and weirs along the Danube, in both Hungary and Slovakia. The objects of the Treaty were the production of hydroelectricity, the improvement of navigation on the relevant portion of the Danube, and flood control.