PULP MILLS (JUDGMENT)
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ness for their desire to co-operate in ensuring “the optimum and rational
utilization of the River Uruguay”.
91. That is why CARU plays a central role in the 1975 Statute and
cannot be reduced to merely an optional mechanism available to the
parties which each may use or not, as it pleases. CARU operates at all
levels of utilization of the river, whether concerning the prevention of
transboundary harm that may result from planned activities ; the use of
water, on which it receives reports from the parties and verifies whether
the developments taken together are liable to cause significant damage
(Articles 27 and 28) ; the avoidance of any change in the ecological balance (Article 36) ; scientific studies and research carried out by one party
within the jurisdiction of the other (Article 44) ; the exercise of the right
of law enforcement (Article 46) ; or the right of navigation (Article 48).
92. Furthermore, CARU has been given the function of drawing up
rules in many areas associated with the joint management of the river and
listed in Article 56 of the 1975 Statute. Lastly, at the proposal of either
party, the Commission can act as a conciliation body in any dispute
which may arise between the parties (Article 58).
93. Consequently, the Court considers that, because of the scale and
diversity of the functions they have assigned to CARU, the Parties
intended to make that international organization a central component in
the fulfilment of their obligations to co-operate as laid down by the
1975 Statute.
2. Uruguay’s obligation to inform CARU
94. The Court notes that the obligation of the State initiating the
planned activity to inform CARU constitutes the first stage in the procedural mechanism as a whole which allows the two parties to achieve the
object of the 1975 Statute, namely, the optimum and rational utilization
of the River Uruguay”. This stage, provided for in Article 7, first paragraph, involves the State which is initiating the planned activity informing CARU thereof, so that the latter can determine “on a preliminary
basis” and within a maximum period of 30 days whether the plan might
cause significant damage to the other party.
95. To enable the remainder of the procedure to take its course, the
parties have included alternative conditions in the 1975 Statute : either
that the activity planned by one party should be liable, in CARU’s
opinion, to cause significant damage to the other, creating an obligation
of prevention for the first party to eliminate or minimize the risk, in consultation with the other party ; or that CARU, having been duly informed,
should not have reached a decision in that regard within the prescribed
period.
96. The Court notes that the Parties are agreed in considering that the
two planned mills were works of sufficient importance to fall within the
scope of Article 7 of the 1975 Statute, and thus for CARU to have been
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