The International Court of Justice and the Environment: The Recent <i>Paper Mills</i> Case

Guillermo R Moncayo and Martin Moncayo von Hase

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI:
The International Court of Justice and the Environment: The Recent Paper Mills Case

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A bilateral treaty signed between Argentina and Uruguay, on 7 April 1961, defined the boundary between the two countries in the River Uruguay (the Treaty). The Treaty allocated certain islands and islets to each country, set forth navigation rules, and considered the establishment of a set of rules for the use of the river which came into existence by virtue of the Statute of the River Uruguay, signed in 1975 (the Statute). The Statute also establishes the Administrative Commission of the River Uruguay (CARU) which consists of an equal number of delegates for each party and which has the status of a legal entity with broad powers to set forth mandatory regulatory provisions in connection with — among other issues — pollution prevention and the preservation of living resources. The Statute also provides, in connection with the performance of works and the use of water, that the party which plans to carry out activities that, due to their magnitude, may affect the navigation, the regime of the river, or the quality of its water, shall inform CARU about them. This chapter discusses the case submitted by Argentina to the International Court of Justice (ICJ), arising out of the alleged violation by Uruguay of the provisions of the Treaty and the Statute, derived from the projected construction of two pulp mills on the Uruguayan river bank, which led to a dispute between the two countries which, after a series of frustrated negotiations, was submitted to and adjudicated by the ICJ. The Court reached a decision on the case, issuing an award on 20 April 2010 (the Award).

Keywords: Argentina; Uruguay; pulp mills; bilateral treaties

Chapter.  7670 words. 

Subjects: Public International Law

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