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Case concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay), Request for the Indication of Provisional Measures

Country/Territory
Argentina, Uruguay
Type of court
International court
Date
Jul 13, 2006
Source
UNEP, InforMEA
Court name
International Court of Justice
Judge
Higgins
Al-Khasawneh
Ranjeva
Koroma
Parra-Aranguren
Buergenthal
Owada
Simma
Abraham
Keith
Sepulveda-Amor
Bennouna
Skotbikov
Torres Bernardez
Vinuesa
Reference number
General List No. 135
Language
English
Subject
Water
Keyword
Pollution control International agreement-implementation Contract/agreement Transboundary effects International agreement-text Water quality standards
Abstract
By an application filed on 4 May 2006, Argentina instituted proceedings against the Uruguay for the alleged breach by Uruguay of obligations under the Statute of the River Uruguay, which was signed by Argentina and Uruguay from 26 February 1975. Such breach was said to arise from “the authorization, construction and future commissioning of two pulp mills on the River Uruguay”, with reference in particular “to the effects of such activities on the quality of the waters of the River Uruguay and on the areas affected by the river”. Argentina explained that the 1975 Statute had been adopted in accordance with the Treaty defining the boundary on the River Uruguay between Argentina and Uruguay from 7 April 1961 which provided for the establishment of a joint régime for the use of the river. Argentina stated that the 1975 Statute, in addition to governing “activities such as conservation, utilization and development of other natural resources”, it dealt with “obligations of the parties regarding the prevention of pollution and the liability resulting from damage inflicted as a result of pollution”. Articles 7 to 13 of the Statute provided for an obligatory procedure for prior notification and consultation for any party planning to carry out works liable to affect navigation, the régime of the river or the quality of its waters. The Government of Uruguay, in October 2003, authorized the Spanish company ENCE to construct a pulp mill near the city of Fray Bentos. Argentina claimed that this was done without complying with the above-mentioned notification and consultation procedure and without due consideration for the environmental impact of the construction of such plants. The mills would jeopardize conservation of the environment of the River Uruguay and of the areas affected by the river. On 4 May 2006, after filing its Application Argentina also submitted a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and to Article 73 of the Rules of Court. Argentina asked for the provisional measures in order to ensure that Uruguay would not undertake the construction of works. Uruguay stated that it had “fully complied with the 1975 Statute of the River Uruguay” and that Argentina’s request was unfounded. The Court did not find it necessary at this stage to analyze whether Uruguay might have failed to comply with the provisions of the 1975 Statute when it authorized the construction of the two mills. It was not convinced that, if it should later be shown that Uruguay had failed to comply with these provisions, any such violations would not be capable of being remedied at the merits stage of the proceedings. In the Court’s view, there was nothing to demonstrate that the very decision by Uruguay to authorize the construction of the mills posed an imminent threat of irreparable damage to the aquatic environment of the River Uruguay or to the economic and social interests of the riparian inhabitants on the Argentine side of the river. Therefore, the Court found that the circumstances were not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures.
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References

Literature

Argentina/Uruguay Judgment Splits the Baby

Author: Burhenne W.E.

In: Environmental Policy and Law | Vol. 40 (4); 161 - 153: 3 p.

Publisher: IOS Press | Amsterdam, The Netherlands | 2010

Literature | Argentina, Uruguay

Keyword: Court/tribunal

Source: IUCN (ID: ANA-083729)

"Pulp mills on the River Uruguay": Order issued

Author: Vernet P.M.

In: Environmental Policy and Law | Vol. 36(5); 203- 210; 8 p.

Publisher: IOS Press | Amsterdam, The Netherlands | 2006

Literature | Uruguay, Argentina

Keyword: Business/industry/corporations, Transboundary effects, Freshwater quality/freshwater pollution

Source: IUCN (ID: ANA-079552)

International court of justice's impact on international environmental law: focusing on the Pulp Mills case

Author: Zhu X., He J.

In: Yearbook of International Environmental Law 2012 | Vol. 23 (1) | p.106-130

Publisher: Oxford University Press | Oxford, UK | 2013

Literature | Argentina, Uruguay

Keyword: Water quality standards, Dispute settlement, Transboundary effects, International agreement-implementation, Soft law

Source: IUCN (ID: ANA-088225)