PULP MILLS (JUDGMENT)
82
(a) Environmental Impact Assessment
203. The Court will now turn to the relationship between the need for
an environmental impact assessment, where the planned activity is liable
to cause harm to a shared resource and transboundary harm, and the
obligations of the Parties under Article 41 (a) and (b) of the 1975 Statute. The Parties agree on the necessity of conducting an environmental
impact assessment. Argentina maintains that the obligations under the
1975 Statute viewed together impose an obligation to conduct an environmental impact assessment prior to authorizing Botnia to construct the
plant. Uruguay also accepts that it is under such an obligation. The
Parties disagree, however, with regard to the scope and content of the
environmental impact assessment that Uruguay should have carried out
with respect to the Orion (Botnia) mill project. Argentina maintains in
the first place that Uruguay failed to ensure that “full environmental
assessments [had been] produced, prior to its decision to authorize the
construction . . .” ; and in the second place that “Uruguay’s decisions
[were] . . . based on unsatisfactory environmental assessments”, in particular because Uruguay failed to take account of all potential impacts
from the mill, even though international law and practice require it, and
refers in this context to the 1991 Convention on Environmental Impact
Assessment in a Transboundary Context of the United Nations Economic Commission for Europe (hereinafter the “Espoo Convention”)
(UNTS, Vol. 1989, p. 309), and the 1987 Goals and Principles of Environmental Impact Assessment of the United Nations Environment Programme (hereinafter the “UNEP Goals and Principles”) (UNEP/
WG.152/4 Annex (1987), document adopted by UNEP Governing
Council at its 14th Session (Dec. 14/25 (1987)). Uruguay accepts that, in
accordance with international practice, an environmental impact assessment of the Orion (Botnia) mill was necessary, but argues that international law does not impose any conditions upon the content of
such an assessment, the preparation of which being a national, not
international, procedure, at least where the project in question is not
one common to several States. According to Uruguay, the only
requirements international law imposes on it are that there must
be assessments of the project’s potential harmful transboundary
effects on people, property and the environment of other States, as
required by State practice and the International Law Commission 2001
draft Articles on Prevention of Transboundary Harm from Hazardous
Activities, without there being any need to assess remote or purely
speculative risks.
204. It is the opinion of the Court that in order for the Parties properly to comply with their obligations under Article 41 (a) and (b) of the
1975 Statute, they must, for the purposes of protecting and preserving the
72