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II. | Substantive International Law - Second Part |
9. | HUMAN RIGHTS* |
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Gabcíkovo-Nagymaros Project
(Hungary / Slovakia)
Judgment of 25 September 1997
I.C.J. Reports 1997, p. 7
[p. 114 S.O. Weeramantry] Environmental rights are human rights. Treaties that affect human rights cannot be applied in such a manner as to constitute a denial of human rights as understood at the time of their application. A Court cannot endorse actions which are a violation of human rights by the standards of their time merely because they are taken under a treaty which dates back to a period when such action was not a violation of human rights.
* For questions of state succession with regard to human rights treaties see I 4.2.6.