The Implementation Phase

Abstract

The decision of the ICJ signaled the end of the resolution phase of the Gabčíkovo–Nagymaros Project dispute, with the implementation phase beginning with the efforts of Slovakia and Hungary to negotiate an operating regime consistent with the parameters contained within the order of the Court. As will be discussed in this chapter, when the parties eventually agree upon an operating regime, the implementation phase will further entail the development of mechanisms for the enforcement and verification of that regime, and for any necessary modification of the regime for environmental or other reasons. The efforts of the parties to negotiate a joint operating regime and develop mechanisms for enforcing, verifying and modifying that regime will be affected by the interests of sub-state actors and interested third parties, which may in some instances offer their good offices or serve as mediators or conciliators. The efforts of the parties to implement the agreement will also be influenced by the same situational circumstances that influenced the dispute formation, pre-resolution and resolution phases of the dispute.