The First International Environmental Lawsuit (The negotiating process and the dynamics at play)

After the fall of Communism Hungary cancelled her participation in the Gabcikovo-Nagymaros hydroelectric project and Slovakia decided to divert the Danube (the border river between Hungary and Slovakia) onto her own territory to unilaterally complete the project. In 1997 the International Court of Justice (ICJ) in The Hague ruled, that Slovakia was wrong in appropriating the border river, but Hungary also erred in canceling the construction contract (which, being a Soviet inspired document, contained no cancellation clause). The ICJ advised the parties, that based on the guidelines of the above ruling, they are to negotiate a new agreement, taking into account the more demanding environmental standards, which are in effect in 1997, in contrast to the standards that prevailed within the Soviet block at the time of the initial signing of the contract in 1977. The ICJ gave 6 months to the parties to reach a new agreement.

During the winter of 1997, the Hungarian Government (dominated by former Communists and supporters of the Gabcikovo project) negotiated a secret agreement with the highly nationalistic Meciar government of Slovakia. This secret agreement did not require Slovakia to meet the demand of the ICJ and return the border river and in addition contemplated the building of additional and environmentally damaging dams. By early spring in 1998, the details of the secret deal were leaked to the public in Hungary and major protest demonstrations followed. This lead to a split in the governing coalition, when the party of the Free Democrats turned against the secret agreement and as a result, the Hungarian Parliament rejected it. Hungary advised Slovakia and Slovakia advised the ICJ that the negotiations have failed.

The Danube issue also played a role in the next Hungarian election in which the former Communists lost and a new generation of centrist young liberals took over the government in coalition with the agrarian party. In the fall of 1998, the extreme nationalist Meciar government of Slovakia (which intentionally scheduled the rerouting of the Danube to take place on Hungary's high national holyday) has also lost the election and therefore, now there is hope, that Hungary's border river will be returned into its natural riverbed and an environmentally sensitive new agreement can be negotiated to fulfill the ICJ ruling, which would also smooth the way for Slovakia to be admitted into NATO and the European Union, which until now was prevented by the illegal diversion of the Danube.

An other element of the dynamics at play is the role of the international community:

In the "first round" in The Hague, the Hungarian delegation (dominated by former Communists), did not use the media to publicize the issues of this, the first international environmental lawsuit. In fact, it did not use the Memorial prepared by the international environmental NGOs, did not use the support of such personalities as Al Gore and actually covered up the environmental damage suffered (by Europe's only inland sea-delta, the Szigetkoz), by flooding the area with polluted stagnant water, when the members of the ICJ came to visit the region.

It seems that in the "second round" this will change. The new (liberal- agrarian) government of Hungary does intend to ask for the support of international opinion. They are in the process of preparing a film (to be shown on CNN and elsewhere), which will show the devastation of the unique ecosystem and the struggle which the youth of Hungary has waged in first opposing the Soviet tanks in 1956 and later in opposing the bulldozers of stalinist gigantomamia, which has built the Dunasaurus.

It is hoped, that in this "second round" at the ICJ, a third party will also be represented (even if unofficially): world public opinion. After all, the 400 unique species of this ancient sea delta do not belong only to nation states, but are the treasure of all mankind. If that does occur, the 21st century will start with a precedent setting environmental victory in The Hague. It is up to all of us to help this to come about.