PULP MILLS (JUDGMENT)
29
(iii) re-establish on the ground and in legal terms the situation that
existed before the internationally wrongful acts referred to above
were committed ;
(iv) pay compensation to the Argentine Republic for the damage
caused by these internationally wrongful acts that would not be
remedied by that situation being restored, of an amount to be
determined by the Court at a subsequent stage of these proceedings ;
(v) provide adequate guarantees that it will refrain in future from preventing the Statute of the River Uruguay of 1975 from being
applied, in particular the consultation procedure established by
Chapter II of that Treaty.
The Argentine Republic reserves the right to supplement or amend these
submissions should the need arise, in the light of the development of the
situation. This would in particular apply if Uruguay were to aggravate
the dispute1, for example if the Orion mill were to be commissioned before
the end of these proceedings.
1
See the Order of the Court of 13 July 2006 on Argentina’s request for the indication of provisional measures, para. 82.”
in the Reply :
“For all the reasons described in its Memorial, which it fully stands by,
and in the present Reply, the Argentine Republic requests the International Court of Justice :
1. to find that by authorizing
— the construction of the CMB mill ;
— the construction and commissioning of the Orion mill and its associated facilities on the left bank of the River Uruguay,
the Eastern Republic of Uruguay has violated the obligations incumbent on it under the Statute of the River Uruguay of 26 February 1975
and has engaged its international responsibility ;
2. to adjudge and declare that, as a result, the Eastern Republic of Uruguay must :
(i) resume strict compliance with its obligations under the Statute of
the River Uruguay of 1975 ;
(ii) cease immediately the internationally wrongful acts by which it
has engaged its responsibility ;
(iii) re-establish on the ground and in legal terms the situation that
existed before these internationally wrongful acts were committed ;
(iv) pay compensation to the Argentine Republic for the damage
caused by these internationally wrongful acts that would not be
remedied by that situation being restored, of an amount to be
determined by the Court at a subsequent stage of these proceedings ;
(v) provide adequate guarantees that it will refrain in future from preventing the Statute of the River Uruguay of 1975 from being
applied, in particular the consultation procedure established by
Chapter II of that Treaty.
19