OUVRAGE : S. Forlati, M.M. Mbengue, B. McGarry (eds.), The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

Serena FORLATI, Makane Moïse MBENGUE, Brian McGARRY

The Gabčíkovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of ‘general’ international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court’s findings in light of subsequent developments in the international legal order, focusing on the role of the ‘World Court’ in fostering such developments.


TABLE OF CONTENTS

List of Abbreviations
Preface,  Serena Forlati, Makane Moïse Mbengue, and Brian McGarry

PART 1. THE CASE

1. Alain Pellet, The Gabčíkovo-Nagymaros Case: a Personal Recollection
2. Malgosia Fitzmaurice, The Gabčíkovo-Nagymaros Project: the Background of the Case
3. Jean d’Aspremont, Canonical Cross-Referencing in the Making of the Law of International Responsibility

PART 2. THE LAW OF TREATIES

4. Laura Pineschi, Introduction to Part 2
5. Christina Binder, Jane A Hofbauer, The Pacta Sunt Servanda Principle or the Limits of Interpretation: the Gabčíkovo-Nagymaros Case Revisited
6. Panos Merkouris, Termination of Treaties: the Contribution of the Gabčikovo-Nagymaros Judgment

PART 3. INTERNATIONAL RESPONSIBILITY

7. Alessandra Gianelli, Introduction to Part 3
8. Serena Forlati, The Relationship between the Law of Treaties and the Law of International Responsibility
9. Pierre Bodeau-Livinec, Circumstances Precluding Wrongfulness
10. Loris Marotti, Paolo Palchetti, Of Restoring Compliance, Lex Specialis and Intersecting Wrongs

PART 4. THE LAW OF SUSTAINABLE DEVELOPMENT

11. Laurence Boisson de Chazournes, Introduction to Part 4
12. Makane Moïse Mbengue, On Sustainable Development: a Conversation with Judge Weeramantry
13. Leslie-Anne Duvic-Paoli, Vigilance and Prevention
14. Brian McGarry, Norms, Standards, and the Elusive Nomenclature of the Gabčíkovo–Nagymaros Judgment
15. Attila Tanzi, Concluding Remarks: the Legacy of a Landmark Case

Bibliography
Index

Serena FORLATI, Makane Moïse MBENGUE, Brian McGARRY (eds.), The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law, Leiden, Brill/Nijhoff, 2020 (263 pp.)

Serena Forlati, LLM (1993, Bruges), PhD (1998, Sapienza University of Rome), is Professor of International Law at the University of Ferrara. Among her research interests are the law of treaties and the international judicial function, specifically of the ICJ. 

Makane Moïse Mbengue is Professor of International Law at the Faculty Law of the University of Geneva and Affiliate Professor at Sciences Po Paris (School of Law). He acts as Counsel in disputes before the International Court of Justice. 

Brian McGarry is Assistant Professor at Leiden University’s Grotius Centre for International Legal Studies. His PhD, The theory and practice of intervention before the International Court of Justice, received the University of Geneva’s 2019 prize for best thesis in law.