ANALYSIS

Name : Akbar Rajendra Putra

Npm : 211000150

Class : 02

UNIVERSITAS PASUNDAN FAKULTAS HUKUM

Discussed analysis :

What I got from the initial outline of this discussion was about Gabčíkovo-
Nagymaros, a bilateral agreement in which Hungary and Slovakia agreed to build
a transboundary dam system between Gabcikovo and Nagymaros on the Danube
River. Through the 1977 Agreement on the Development and Operation of the
Gabcikovo-Nagymaros Ocks System.

The construction of the project started in 1978" but progress was very slow due to
the fact that both countries were undergoing political and economic transitions.
Due to intense pressure and criticism regarding the project, the Hungarian
Government decided on 13 May 1989 to stop the work in Nagymaros which had
not been completed. once again extended the work stoppage at Nagyramos and
subsequently suspended project work at Dunakiliti.

slovakia recognized Hungary 's reluctance to proceed with the project and then
sought a solution that would allow unilateral re - operation of the dam system .
Hungary knew that Czechoslovakia was seeking a unilateral solution" decided to
terminate the 1977 Treaty in 1992 Czechoslovakia later declared Hungary's action
to terminate the treaty invalid and then diverted 90% of water from the Danube
River into an artificial canal to irrigate development in Czechoslovakia.

Then in 1993 Czechoslovakia split into two countries peacefully, namely the
Czech Republic and Slovakia. Slovakia then assumed that the construction of the
project was still its responsibility because it was under Slovak territory.
Since 1990 the European Community has tried to help resolve the dispute through
mediation. However, no agreement was reached due to classical reasons, namely
the mediation procedure. The International Court then decided on the dispute
referring to Article 1 Paragraph 1 of the Special Agreement.

with a composition of 14 judges agreed that Hungary had no right to stop and
subsequently abandoned part of the work on the dam project in 1989.
Furthermore, Czechoslovakia was entitled to start, in November 1991,
preparations for seeking an alternative solution with a composition of 9 judges
unanimous. however Czechoslovakia was not entitled to unilaterally implement
the solution in October 1992 with a composition of 10 judges agreeing.

Furthermore, 11 judges agreed that notification from Hungary to terminate the

treaty and the instruments related to the treaty on 19 May 1992 did not legally
terminate the agreement, and was still binding on the parties. Also, 12 judges
agreed that Slovakia as the successor country of Czechoslovakia became a party
to the agreement.

Referring to Article 2 Paragraph 2 and Article 5 of the Special Agreement, the

Court decided that Slovakia as the successor to Czechoslovakia became a party to
the Czechoslovak agreement with Hungary. The International Court of Justice
also chose not to give a specific decision, but gave the parties the freedom to re-
negotiate how to implement the Court's decision in good faith.

with a composition of 13 judges agreed. Note that the environmental concerns

raised by Hungary may affect compliance with the treaty.
Then what comes to my mind is what is the correlation principle of Pacta Sunt
Servanda, namely the agreement that has been made is binding on each party and
more or less explains the function of the concept and the relationship of the
principle.

Next is to explain what the contents of the VCLT or what we can call the Vienna
convention are, which contains treaty law between countries. The treaty was
adopted on 23 May 1969 and opened for signature on 23 May 1969. The
convention entered into force on 27 January 1980.

And the rest discusses the form of an international agreement, then what is the
function of the agreement.

Next, discuss cases that are correlated with international regulations and
agreements. Some refer to the issue of the Gabčíkovo-Nagymaros Case. And what
I explain about the case is not comprehensive, but I provide the essence of the
problem in this discussion.