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International Court of Justice: Judgment in Case Concerning the Gabčikovo–Nagymaros Project

Published online by Cambridge University Press:  27 February 2017

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Judicial and Similar Proceedings
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International Legal Materials , Volume 37 , Issue 1 , January 1998 , pp. 162 - 242
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Copyright © American Society of International Law 1998

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References

* [The judgment and separate English–language opinions were reproduced from the text provided by the International Court of Justice.

[For additional information, contact the International Court of Justice, Peace Palace, 2517 KJ The Hague, The Netherlands (tel.: 31.70.302.23.23; fax: 31.70.364.99.28).]

1 See HR, paras. 1.45 and 1.47

2 SCM para. 9.53. See also paras. 9.54-9.59.

3 HR. pan. 1.45.

4 146 votes in favour, with one vote against

5 Many years prior to the Declaration of 1986. this right had received strong support in the field of human rights. As early as 1972. at the Third Session of the Institute international de Droits de l'Homme. Judge Kéba Mbaye, President of the Supreme Court of Senegal and later to be a Vice-President of this Court, argued strongly that such a right existed. He adduced detailed argument in support of his contention from economic, political and moral standpoints. (See Mbaye, K.. “Le droit au développement comme un droit de l'homme”, 5 Revue des Droits de l'homme (1972), p. 503.Google Scholar) Nor was the principle without influential voices in its support from the developed world as well. Indeed, the genealogy of the idea can be traced much further back even to the conceptual stages of the Universal Declaration of Human Rights, 1948. Mrs. Eleanor Roosevelt, who from 1946 to 1952 served as the Chief United States representative to Committee III. Humanitarian. Social and Cultural Affairs, and was the first Chairperson, from 1946-1951. of the United Nations Human Rights Commission, had observed in 1947, “We will have to bear in mind that we are writing a bill of rights for the world and that one of the most important rights is the opportunity for development”. ( Glen Johnson, M.. “the Contribution of Eleanor and Franklin Roosevelt to the Development of the International Protection for Human Rights”. 9 Human Rights Quarterly (1987), p. 19 CrossRefGoogle Scholar. quoting Mrs. Roosevelt's column. “My Day”, 6 Feb. 1947.) General Assembly resolution 642 (VII) of 1952, likewise, referred expressly to “integrated economic and social development”.

6 The Preamble to the Declaration on the Right to Development (1986) recites that development is a comprehensive, economic, social and cultural process which aims at the constant improvement and well-being of the entire population add of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.

7 See Sustainable Development in International Law, Winfried Lang (ed.), 1995, p. 143.

8 For example. Principles 2, 3, 4, 5, 8, 9, 12, 13, and 14.

9 these principles are thought to be based to a large extent on the Founex Report see Sustainable Development and International Law. Winfried Lang (ed), supra, p. 144.

10 Ibid

11 Action Plan for the Human Environment. UN Doc. A/CONF.48/14/Rev. 1. See especially Chapter II which devoted its final section to development and the environment

12 For example, the United Nations Convention to Combat Desertification (the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Droughts and/or Desertification, Particularly in Africa), 1994, Preamble. Art. 9(1); the United Nations Framework Convention on Climate Change, 1992, (XXXIILM (1992) 849, Arts. 2 and 3); and the Convention on Biological Diversity (XXXI ILM (1992) 818, Preamble, Arts. 1 and 10— “sustainable use of biodiversity“).

13 For example, the Rio Declaration on Environment and Development, 1992. emphasizes sustainable development in several of its Principles (e.g.. Principles 4, 5, 7, 8, 9, 20, 21, 22, 24 and 27 refer expressly to “sustainable development” which can be described as the central concept of the entire document); and the Copenhagen Declaration, 1995 (paras. 6 ' 8), following on the Copenhagen World Summit for Social Development, 1995.

14 For example, the North American Free Trade Agreement (Canada, Mexico, United States) (NAFTA, Preamble, XXXII ILM (1993). p. 289); the World Trade Organization (WTO) (paragraph 1 of the Preamble of the Marrakesh Agreement of 15 April 1994. establishing the World Trade Organization speaks of the “optimal use of the world's resources in accordance with the objective of sustainable development” — XXXIII IIM( 1994), pp. 1143-1144); and the European Union (An. 2 of the ECT)

15 For example, the World Bank Group, the Asian Development Bank, the African Development Bank, the Inter-American Development Bank, and the European Bank for Reconstruction and Development all subscribe to the principle of sustainable development. Indeed, since 1993, the World Bank has convened an annual conference related to advancing environmentally and socially sustainable development (ESSD)

16 For example, the Langkawi Declaration on the Environment, 1989. adopted by the “Heads of Government of the Commonwealth representing a quarter of the world's population” which adopted “sustainable development” as its central theme: Ministerial Declaration on Environmentally Sound and Sustainable Development in Asia and the Pacific Bangkok, 1990 (Doc. 38a, p. 567); and Action Plan for the Protection and Management of the Marine and Coastal Environment of the South Asian Seas Region. 1983 (para. 10 — “sustainable, environmentally sound development“).

17 For example, in 1990, the Dublin Declaration by the European Council on the Environmental Imperative staled that there must be an acceleration of effort to ensure that economic development in the Community is “sustainable and environmentally sound” (Bulletin of the European Communities, 6-1990, Ann. II p. 18). It urged the Community and Member States to play a major role to assist developing countries in their efforts to achieve “long-term sustainable development” (ibid, p. 19). It said, in regard to countries of Central and Eastern Europe, that remedial measures must be taken “to ensure that their future economic development is sustainable” (ibid.). It also expressly recited that: “As Heads of State or Government of the European Community,… [w]e intend that action by the Community and its Member States will be developed … on the principles of sustainable development and preventive and precautionary action” (ibid. Conclusions of the Presidency, Point 1.36. pp. 17-18).

18 Basic Documents of International Environmental Law. Harald Hohmann (ed.). Vol. 1, 1992, p. 538. “ Ibid, p. 598.

19 Ibid.,p.598.

20 J. Brierly, the Law of Nations, 6th ed, 1963, p. 61; emphasis supplied.

21 See, further, L. Kramer, E.C.Treaty and Environmental Law, 2nd ed., 1995, p. 63, analysing the environmental connotation in the word “sustainable” and tracing it to the Brundtland Report

22 Julius Scone, Human Law and Human Justice, 1965, p. 66: “It was for this reason that Grotius added to his theoretical deductions such a mass of concrete examples from history.“

23 SirJennings, Robert Y., “Universal International Law in a Multicultural World”, in International Law and the Grotian Heritage: A Commemorative Colloquium on the occasion of the fourth centenary of the birth of Hugo Grotius, ed. ' published by the T.M.C. Asser Institute, the Hague, 1985, p. 195.Google Scholar

24 International Lawyers and the Progressive Development of International Law”, theory of International Law at the Threshold of the 21st Century, Jerry Makarczyk (ed). 1996. p. 423.

25 Jennings, “Universal International Law in a Multicultural World”, supra, p. 189.

26 On this subject of contention, see Procès-Verbaux of the Proceedings of the Committee, 16 Junt-24 July 1920, esp. p. 136.

27 This was not an isolated civilization, but one which maintained international relations with china, on the one hand and with Rome (1st C) and Byzantium (4th C), on the other. the presence of its ambassadors at the Court of Rome is recorded by Pliny (lib. vi c.24), and is noted by Grotius De Jure Praedae Commentarius, G.L. Williams and W H. Zeydol (eds.). Classics of International Law, James B. Scon (ed.), 1950. pp. 240-241. This diplomatic representation also receives mention in world literature (e.g., Milton, Paradise Regained, Book IV). See also Grotius’ reference to the detailed knowledge of Ceylon possessed by the Romans - Grotius, Mare Liberum (Freedom of the Seas), tr. R. van Deman Magoffin, p. 12. the island was known as Taprobane to the Greeks, Serendib to the Arabs, Lanka to the Indians, Ceilao to the Portuguese, and Zeylan to the Dutch. Its trade with the Roman Empire and the Far East was noted by Gibbon.

28 It is an aid to the recapitulation of the matters mentioned that the edicts and works I shall refer to have been the subject of written records, maintained contemporaneously and over the centuries. See note 41 below.

29 Arnold J. Toynbee. A Study of History. Somervell's Abridgment, 1960, Vol. 1, p. 257.

30 Ibid., p. 81, citing John Still. the Jungle Tide.

31 Several of these are still in use, e.g., the Tissawewa (3rd C. B.C.); the Nuwarawewa (3rd C, B.C.); the Minneriya Tank (275 A.D.); the Kalawewa (5th C. AD): and the Parakrama Samudra (Sea of Parakrama, 11th C, A.D.).

32 the technical sophistication of this irrigation system has been noted also in Joseph Needham's monumental work on Science and Civilization in China. Needham, in describing the ancient irrigation works of China, makes numerous references to the contemporary irrigation works of Ceylon, which he discusses at some length. See especially. Vol. 4, Physics and Physical Technology, 1971,pp.368 et seq. Also p. 215: “We shall see how skilled the ancient Ceylonese were in this art“

33 Edward Goldsmith and Nicholas Hildyard. the Social and Environmental Effects of Large Dams, 1985, pp. 291-304.

34 For these details, sec Goldsmith and Hildyard, ibid, pp. 291 and 296. the same authors observe: “Sri Lanka is covered with a network of thousands of man-made lakes and ponds, known locally as tanks (after tanque, the Portuguese word for reservoir). Some are truly massive, many are thousands of years old, and almost all show t high degree of sophistication in their construction and design. Sir James Emerson Tennent, the nineteenth century historian, marvelled in particular at the numerous channels that were dug underneath the bed of each lake in order to ensure that the flow of water was ‘constant and equal as long as any water remained in the tank”.

35 Toynbee. supra, p. 81. Andrew Carnegie, the donor of the Peace Palace, the seat of this Court, has described this ancient work of development in the following terms: “the position held by Ceylon in ancient days as the great granary of Southern Asia explains the precedence accorded to agricultural pursuits. Under native rule the whole island was brought under irrigation by means of artificial lakes, constructed by dams across ravines, many of them of great extent — one still existing is twenty miles in circumference — but the system has been allowed to fall into decay.” (Andrew Carnegie, Round the World. 1879. (1933 ed.), pp. 155-160.)

36 the first of these major tanks was thought to have been constructed in 504 B.C. (Sir James Emerson Tennent, Ceylon, 1859. Vol. 1. p. 367). A few examples, straddling 15 centuries, were: the Vavunik-kulam (3rd C. B.C.) (1.975 acres water surface. 596 million cubic feet water capacity); the Pavatkulam (3rd or 2nd C. B.C.) (2.029 acres water surface, 770 million cubic feet water capacity) — Parker, Ancient Ceylon. 1909. pp 363. 373; the Tissawewa (3rd C. B.C.); and the Nuwarawewa (3rd C, B.C.), both still in service and still supplying water to the ancient capital Anuradhapura. which is now a provincial capital: the Minneriya tank (275 A.D.) [“the reservoir upwards of twenty miles in circumference … the great embankment remains nearly perfect” — Tennent, supra. Vol. II, p. 600]; the Topawewa (4th C. A.D.), area considerably in excess of 1,000 acres; the Kalawewa (5th C. A.D.) - embankment 3.25 miles long, rising to a height of 40 feet, tapping the river Kala Ova and supplying water to the capital Anuradhapura through a canal 50 miles in length; the Yodawewa (5th C. A.D). Needham describes this as “A most grandiose conception … the culmination of Ceylonese hydraulics.. an artificial lake with a six-and-a-half mile embankment on three sides of a square, sited on a sloping plain and not in a river valley at all.“ It was fed by a 50-mile canal from the river Malvatu-Oya; the Parakrama Samudra (Sea of Parakrama) (11.th C,A.D.), embankment 9 miles long, up to 40 feet high,enclosing 6,000 acres of water area. (Brohier, Ancient Irrigation Works in Ceylon, 1934, p. 9.)

37 On the irrigation systems, generally, see H. Parker, Ancient Ceylon, supra R.L. Brohier, Ancient Irrigation Works in Ceylon, 1934; Edward Goldsmith and Nicholas Hildyard. Op.,cit, pp. 291-304. Needham, describing the ancient canal system of China, observes that “it was comparable only with the irrigation contour canals of Ceylon, not with any work in Europe” (op. cit.. Vol. 4, p. 359).

38 so vast were the dimensions of some of these gigantic tanks that many still in existence cover an area from fifteen to twenty miles in circumference” (Tennent supra. Vol. 1, p. 364).

39 King Parakrama Bahu (1153-1186 A.D.). This monarch constructed or restored 163 major tanks, 2376 minor tanks, 3.910 canals, and 165 dams. His masterpiece was the Sea of Parakrama, referred to in note 36. All of this was conceived within me environmental philosophy of avoiding any wastage of natural resources.

40 See Toynbee's reference to this. “the idea underlying the system was very great It was intended by the tank-building Icings that none of the rain which fell in such abundance in the mountains should reach the sea without paying tribute to man on the way.” (Toynbee, op. at., p. 81.)

41 the Mahavamsa. Tumour's translation. Chap, xxxvii, p. 242. the Mahavamsa was the ancient historical chronicle of Sri Lanka, maintained contemporaneously by Buddhist monks, and an important source of dating for South Asian history. Commencing at the close of the 4th century, A.D.. and incorporating earlier chronicles and oral traditions dating back a further eight centuries, this constitutes a continuous record for over 15 centuries — see the Mahavamsa or the Great Chronicle of Ceylon, translated into English by Wilhelm Geiger, 1912, Introduction, pp. ix-xii. the King's statement earlier referred to, is recorded in the Mahavamsa as follows: “In the realm that is subject to me are … but few fields which are dependent on rivers with permanent flow . .. Also by many mountains, thick jungles and by widespread swamps my kingdom is much straitened. Truly, in such a country not even a little water that comes from the rain must flow into the ocean without being made useful to man.” (Ibid, Chap. LXVIII. verses 8-12.)

42 See also, on this matter, Emerson Tennent supra. Vol. 1, p. 311.

43 A person who has attained a very high state of enlightenment For its more technical meaning, see Walpola Rahula, History of Buddhism in Ceylon, 1956, pp. 217-221.

44 This sermon is recorded in the Mahavamsa, Chap. 14.

45 See Jayatilleke, K. N., “the Principles of International Law in Buddhist Doctrine”, 120 Recueil des Court (1967-1), p. 558.Google Scholar

46 For this idea in the scriptures of Buddhism, see Digha Nikaya, III. Pali Text Society, p. 850.

47 Goldsmith and Hildyard. supra, p. 299. See. also. R.L. Brohier. “the Interrelation of Groups of Ancient Reservoirs and Channels in Ceylon”.Journal of the Royal Asiatic Society (Ceylon), Vol. 34, No. 90, 1937, p. 65. Brohier's study is one of the foremost authorities on the subject

48 H. Parker. Ancient Ceylon, supra, p. 379: .Since about the middle of the last century, open wells, called ‘valve towers’ when they stand clear of the embankment or ‘valve pits’ when they are in it, have been built in numerous reservoirs in Europe. their duty is to hold the valves, and the lifting-gear for working them, by means of which the outward flow of water is regulated or totally stopped. Such also was the function of the bisokotuwa of the Sinhalese engineers; they were the fast inventors of the valve-pit more than 2,100 years ago.“

49 H. Parker, op. cit. Needham observes: “Already in the first century, AD. they [the Sinhalese engineers] understood the principle of the oblique weir… But perhaps the most striking invention was the intake-towers or valve towers (Bisokotuwa) which were fitted in the reservoirs perhaps from the 2nd Century B.C. onwards, certainly from the 2nd Century A.D…. In this way silt and scum-free water could be obtained and at the same time the pressure-head was so reduced as to make the outflow controllable.” (Joseph Needham, Science and Civilization in China, op. cit, Vol. 4, p. 372.)

50 KM. de Silva, A History of Sri Lanka, 1981, p. 30.

51 Clarke, Arthur C.. “Sri Lanka's Wildlife Heritage”, National Geographic magazine, Aug. 1983, No.2. p. 254 Google Scholar: emphasis added.

52 Arthur C. Clarke has also written: “Of all Ceylon's architectural wonders, however, the most remarkable — and certainly the most useful — is the enormous irrigation system which, for over two thousand years, has brought prosperity to the rice farmers in regions where it may not rain for six months at a time. Frequently ruined, abandoned and rebuilt this legacy of the ancient engineers is one of the island's most precious possessions. Some of its artificial lakes are ten or twenty kilometres in circumference, and abound with birds and wildlife.“ (the View from Serendip, 1977. p. 121.)

53 J. Brierly, the Law of Nations, supra, p. 61.

54 “It is possible that in no other part of the world are there to be found within the same space the remains of so many works for irrigation, which are at the same time of such great antiquity and of such vast magnitude as in Ceylon …” (Bailey, Report on Irrigation in Uva, 1839; see also R.L. Brohier, Ancient Irrigation Works in Ceylon, supra, p. 1); “No people in any age or country had so great practice and experience in the construction of works for irrigation.” (Sir James Emerson Tennent, op. cit.. Vol. I, p. 468); “the stupendous ruins of their reservoirs are the proudest monuments which remain of the former greatness of their country … Excepting the exaggerated dimensions of Lake Moeris in Central Egypt, and the mysterious ‘Basin of Al Aram’ … no similar constructions formed by any race, whether ancient or modem, exceed in colossal “magnitude the stupendous tanks of Ceylon.” (Sir Emerson Tonnent, quoted in Brohier, supra, p. 1.)

55 Goldsmith and Hildyard. op. cit., pp. 282-291.

56 Ibid, pp. 284-285.

57 Ibid., p. 284.

58 Sir Charles Dundas. Kilimanjaro and Its Peoples. 1924, p. 262.

59 Goldsmith and Hildyard. op cit., p. 289.

60 Sec further Fidelio T. Masao, “the Irrigation System in Uchagga: An Ethno-Historical Approach”, Tanzania Notes and Records, No. 75, 1974.

61 Qanats comprise a series of vertical shafts dug down to the aquifer and joined by a horizontal canal - see Goldsmith and Hildyard, supra, p. 277.

62 Some idea of the immensity of this work can be gathered from the fact that it would cost around one million dollars to build an eight kilometres qanat with an average tunnel depth of IS metres (ibid., p. 280).

63 Ibid., p. 277.

64 Goldsmith and Hildyard, supra, p. 308.

65 Op. cit.. Vol. 4, p. 288.

66 Ibid. p. 295.

67 Needham, Science and Civilization in China, Vol. 2, History of Scientific Thought, 1969, p. 69.

68 Jorge E. Hardoy, Pre-Columbian Cities, 1973, p. 415.

69 John Collier. Los indios de las Americas, 1960, cited in Hardoy, op. cit., p. 415. See also Donald Collier, ‘Development of civilization on the Coast of Peru” in Irrigation Civilizations: A Comparative Study, Julian H. Steward (ed). 1955.

70 On Native American attitudes to land, see Guruswamy, Palmer, and Weston (eds.). International Environmental Law and World Order. 1994. pp. 298-299 On American Indian attitudes, see further Callicott, J., “the Traditional American Indian and Western European Attitudes Towards Nature: An Overview”, 4 Environmental Ethics 293 (1982)CrossRefGoogle Scholar; Wiggins, A.. “Indian Rights and the Environment”, 18 Yale J. Int'l Law 345 (1993)Google Scholar; J. Hughes, American Indian Ecology (1983).

71 A Pacific Islander, giving evidence before the first Land Commission in the British Solomons (1919-1924), poured scorn on the concept that land could be treated “as if it were a thing like a box” which could be bought and sold, pointing out that land was treated in his society with respect and with due regard for the rights of future generations. (Peter G. Sack, Land Between Two Laws. 1993, p. 33.)

72 On Aboriginal attitudes to land, sec E. M. Eggleston, Fear. Favour and Affection, 1976. For all their concern with the environment, the Aboriginal people were not without their own development projects. “there were remarkable Aboriginal water control schemes at Lake Condah, Toolondo and Mount William in south-western Victoria. these were major engineering feats, each involving several kilometres of stone channels connecting swamp and watercourses. At Lake Condah. thousands of yean before Leonardo da Vinci studied the hydrology of the northern Italian lakes, the original inhabitants of Australia perfectly understood the hydrology of the site. A sophisticated network of traps, weirs and sluices were designed …” (Stephen Johnson el al. Engineering and Society: An Australian Perspective, 1995, p. 35.)

73 Nagendra Singh, Human Rights and the Future of Mankind, 1981, p. 93.

74 Commenting on the rise of naturalism in all the arts in Europe in the later Middle Ages, one of this century's outstanding philosophers of science has observed: “the whole atmosphere of every an exhibited direct joy in the apprehension of the things around us. the craftsmen who executed the later mediaeval decorative sculpture, Giotto, Chaucer, Wordsworth, Walt Whitman, and at the present day the New England poet Robert Frost, arc all akin 10 each other in this respect.” (Alfred North Whitehead, Science and the Modern World, 1926, p. 17.)

75 See the Georgia, Book II. I. 36 ff.; 1. 458 ff. Also Encyclopaedia Britannica, 1992, Vol. 29, pp. 499-500.

76 Goldsmith and Hildyard. op. cit., p. 316.

77 Ibid.

78 See, for example, M. Gluckman, African Traditional Law in Historical Perspective, 1974, the Ideas in Barotse Jurisprudence, 2nd ed.. 1972, and the Judicial Process among the Barotse, 195S; A. L. Epstein, Juridical Techniques and the Judicial Process: A Study in African Customary Law, 1954.

79 On the precision with which these systems assigned duties to their members, see Malinowski, Crime and Custom in Savage Society, 1926

80 Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court's Judgment of 20 December 1974 in Nuclear Tests (New Zealand v France Case. I.C.J. Reports 1995, p. 344. See, also. Legality of the Use by a State of Nuclear Weapons in Armed Conflict, I.C.J. Reports 1996, p. 140.

81 Major international documents recognizing this principle (first established in domestic law under the 1972 National Environmental Protection Act of the United States) are the 1992 Rio Declaration (Principle 17); United Nations General Assembly resolution 2995 (XXVII). 1972; the 1978 UNEP Draft Principles of Conduct (Principle 5); Agenda 21 (paras. 7.41 (b) and 8.4); the 1974 Nordic Environmental Protection Convention (Art. 6); the 1985 EC Environmental Assessment Directive (Art 3); and the 1991 Espoo Convention. the status of the principle in actual practice is indicated also by the fact that multilateral development banks have adopted h as an essential precaution (World Bank Operational Directive 4.00).

82 Trail Smelter Arbitration (UI UNR1IA (1941), p. 1907).

83 III UNRIIA (1941), p. 1907

84 See ibid. pp. 1934-1937.

85 XVIII/IA/(I979). p 1442.

86 For a reference to environmentally-related judicial initiatives of the courts of the SAARC Region, see the Proceedings of the Regional Symposium on the Role of the Judiciary in Promoting the Rule of Law in the Area of Sustainable Development, held in Colombo. Sri Lanka, 4-6 July 1997, shortly to be published

87 I.CJ. Reports 1971, p. 31. para. 53.

88 Oppenheim's International Law, R. Y. Jennings and A Wins (eds.), 1992, p. 1275, Note 21

89 ICJ. Reports 1966, pp. 293-294.

90 Judgment of the Court, Tyrer case. 25 April 1978, para. 31, publ. Court A, Vol. 26, at 15, 16.

91 See further Rosalyn Higgins, “Some Observation on the Inter-Temporal Rule in International Law”, in theory of International Law at the Threshold of the 21st Century, supra, p. 173

92 On the application of principles of estoppel in the jurisprudence of this Court and its predecessor, see Legal Status of Eastern Greenland. P.C.IJ.. Series MB. No. 53, p. 22; Fisheries (United Kingdom v. Norway), I.C.J. Reports 1951, p 116; Temple of Preah Vihear. I.CJ. Reports 1962, p. 6. For an analysis of this jurisprudence see the separate opinion of Judge Ajibola in Territorial Dispute (Libyan Arab Jamahiriya/Chad), I.C.J. Reports 1994, pp. 77-83.

93 See, for example, Brett, Peter, Implications of Science for the Law”. 18 McGill Law Journal (1972), p. 170 Google Scholar, at p. 191. For a well known comment from the perspective of sociology, see Ellul, Jacques, the Technological Society, a. John Wilkinson. 1964, pp. 251, 291–300Google Scholar

1 This Agreement is not to be found, even in the World Treaty Index (1983). the English text is to be found in the documents presented by both Parties but they are not identical (SM Vol. 2, p. 25; HM, Vol. 3, p. 219).

2 This Agreement is not to be found, even in the World Treaty Index (1983). the English text is to be found in the documents presented by both Parties but they are not identical (SM. Vol. 2, p. 71; HM, Vol. 3, p. 293).

3 The time-limit for the construction plan was revised in :hr Protocol concerning the Amendment of the (1977) Treaty signed on 10 October 1983: see also the Protocol concerning he Amendment of the 1977 Agreement signed on 10 October 1983 and the Protocol concerning the Amendment of the 197/ Agreement signed on 6 February 1989.