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.