(Prepared by the Slovak Delegations in the Working Group on Legal Matters)
Bratislava, June 2005
The Slovak delegation presents its preliminary opinion on further possible sources of international law that could and should be taken into consideration during negotiations of the Slovak and Hungarian delegations concerning the implementation of the 1997 ICJ Judgment and during the preparation of amendments to the 1977 Treaty and related international treaty documents.
The Slovak delegation is of the view that the Working Group on Legal Matters should evaluate whether and how the international obligations of the two contracting parties, incorporated in the documents listed below, can influence the negotiations on the implementation of the 1997 ICJ Judgment and any amendments to the 1977 Treaty, as well as to the related international treaty documents. The Working Group on Legal Matters should also identify which of these obligations shall be considered as ius cogens, i.e. such obligations that cannot be amended or altered by bilateral agreement between sovereign states.
The Slovak delegation believes that, as it concerns the Gabčíkovo - Nagymaros Project, Slovakia and Hungary shall be regarded jointly, as if being one party, in relation to other contracting parties to the relevant conventions in question, for example in relation to the Convention on Environmental Impact Assessment in a transboundary context. It shall be then the task of the Working Group on Legal Matters to evaluate, whether our bilateral agreement has or could have any impact or influence on any state that is a third party to the particular convention.
The Slovak delegation took into consideration only those international treaties and agreements that are currently in force and to which both states – Slovakia and Hungary – are contracting parties. Following relevant treaties and agreements were identified:
1. Convention on the navigation regime on the Danube (BEOGRAD, 1948);
2. European agreement on main inland waterways of international importance (GENEVA, 1966);
3. Convention on Wetlands of International Importance especially as Waterfowl Habitat (RAMSAR, 1971), including 1982 PARIS Protocol and 1987 REGINA Amendments;
4. Convention on environmental impact assessment in a transboundary context (ESPOO, 1991);
5. Convention on the protection and use of transboundary watercourses and international lakes (HELSINKI, 1992);
6. Convention on Cooperation for the Protection and Sustainable Use of the Danube River (SOFIA, 1994).
The Slovak delegation firmly believes that these Conventions and Agreements do not qualify as ius cogens and that there are no obstacles for both states to agree on any technically and environmentally acceptable solution, including a river step in the Nagymaros section. Such solutions shall be in accordance with international law. The Working Group on Legal Matters should concentrate on evaluation whether or not the agreed solution is in breach of any international obligations, which Slovakia and Hungary have in respect of third states that are not contracting parties to our agreements.