PULP MILLS (JUDGMENT)
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Judgment, I.C.J. Reports 1997, p. 81, para. 152 ; Legal Consequences
of the Construction of a Wall in the Occupied Palestinian Territory,
Advisory Opinion, I.C.J. Reports 2004 (I), p. 198, paras. 152-153 ;
Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro),
Judgment, I.C.J. Reports 2007 (I), p. 233, para. 460 ; see also Articles 34
to 37 of the International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts).
274. Like other forms of reparation, restitution must be appropriate to
the injury suffered, taking into account the nature of the wrongful act
having caused it. As the Court has made clear,
“[w]hat constitutes ‘reparation in an adequate form’ clearly varies
depending upon the concrete circumstances surrounding each case
and the precise nature and scope of the injury, since the question has
to be examined from the viewpoint of what is the ‘reparation in an
adequate form’ that corresponds to the injury” (Avena and Other
Mexican Nationals (Mexico v. United States of America), Judgment, I.C.J. Reports 2004 (I), p. 59, para. 119).
275. As the Court has pointed out (see paragraphs 154 to 157 above),
the procedural obligations under the 1975 Statute did not entail any
ensuing prohibition on Uruguay’s building of the Orion (Botnia) mill,
failing consent by Argentina, after the expiration of the period for negotiation. The Court has however observed that construction of that mill
began before negotiations had come to an end, in breach of the procedural obligations laid down in the 1975 Statute. Further, as the Court has
found, on the evidence submitted to it, the operation of the Orion (Botnia) mill has not resulted in the breach of substantive obligations laid
down in the 1975 Statute (paragraphs 180, 189 and 265 above). As Uruguay was not barred from proceeding with the construction and operation of the Orion (Botnia) mill after the expiration of the period for
negotiation and as it breached no substantive obligation under the
1975 Statute, ordering the dismantling of the mill would not, in the view
of the Court, constitute an appropriate remedy for the breach of procedural obligations.
276. As Uruguay has not breached substantive obligations arising
under the 1975 Statute, the Court is likewise unable, for the same reasons, to uphold Argentina’s claim in respect of compensation for alleged
injuries suffered in various economic sectors, specifically tourism and
agriculture.
277. Argentina further requests the Court to adjudge and declare that
Uruguay must “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”.
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