The International Court of Justice is expected to give judgment in the Gabcikovo - Nagymaros case during the Autumn of this year. The article takes this case as a starting point to examine whether or not a different evidentiary standard for potential environmental degradation should be set by the Court. After briefly reviewing the traditional standard applied in international litigation, it outlines and analyses the three determinants of evidentiary assessment. It concludes from this analysis that, in general, a changed standard can be justified, in the light of the precautionary principle. Although this conclusion does not apply to Gabcikovo-Nagymaros, the author takes the view that this will not necessarily prevent the Court fiom being sensitive to potential environmental degradation, given the nature of the Court's evidentiary regime.
European Energy and Environmental Law Review