PULP MILLS (JUDGMENT)
40
mill (see sketch-map No. 1 on p. 33), and is used by other economic
operators as well, to be a facility “associated” with the mill.
46. The dispute submitted to the Court concerns the interpretation
and application of the 1975 Statute, namely, on the one hand whether
Uruguay complied with its procedural obligations under the 1975 Statute
in issuing authorizations for the construction of the CMB (ENCE) mill
as well as for the construction and the commissioning of the Orion (Botnia) mill and its adjacent port ; and on the other hand whether Uruguay
has complied with its substantive obligations under the 1975 Statute since
the commissioning of the Orion (Botnia) mill in November 2007.
* *
47. Having thus related the circumstances surrounding the dispute
between the Parties, the Court will consider the basis and scope of its
jurisdiction, including questions relating to the law applicable to the
present dispute (see paragraphs 48 to 66). It will then examine Argentina’s allegations of breaches by Uruguay of procedural obligations (see
paragraphs 67 to 158) and substantive obligations (see paragraphs 159 to
266) laid down in the 1975 Statute. Lastly, the Court will respond to the
claims presented by the Parties in their final submissions (see paragraphs 267 to 280).
* *
II. SCOPE
OF THE
COURT’S JURISDICTION
48. The Parties are in agreement that the Court’s jurisdiction is based
on Article 36, paragraph 1, of the Statute of the Court and Article 60,
paragraph 1, of the 1975 Statute. The latter reads : “Any dispute concerning the interpretation or application of the Treaty 1 and the Statute which
cannot be settled by direct negotiations may be submitted by either party
to the International Court of Justice.” The Parties differ as to whether all
the claims advanced by Argentina fall within the ambit of the compromissory clause.
49. Uruguay acknowledges that the Court’s jurisdiction under the
compromissory clause extends to claims concerning any pollution or type
of harm caused to the River Uruguay, or to organisms living there, in
violation of the 1975 Statute. Uruguay also acknowledges that claims
concerning the alleged impact of the operation of the pulp mill on the
1 The Montevideo Treaty of 7 April 1961, concerning the boundary constituted by the
River Uruguay (UNTS, Vol. 635, No. 9074, p. 98 ; footnote added).
30