PULP MILLS (JUDGMENT) 102 V. THE CLAIMS MADE BY THE PARTIES IN THEIR FINAL SUBMISSIONS 267. Having concluded that Uruguay breached its procedural obligations under the 1975 Statute (see paragraphs 111, 122, 131, 149, 157 and 158 above), it is for the Court to draw the conclusions following from these internationally wrongful acts giving rise to Uruguay’s international responsibility and to determine what that responsibility entails. 268. Argentina first requests the Court to find that Uruguay has violated the procedural obligations incumbent on it under the 1975 Statute and has thereby engaged its international responsibility. Argentina further requests the Court to order that Uruguay immediately cease these internationally wrongful acts. 269. The Court considers that its finding of wrongful conduct by Uruguay in respect of its procedural obligations per se constitutes a measure of satisfaction for Argentina. As Uruguay’s breaches of the procedural obligations occurred in the past and have come to an end, there is no cause to order their cessation. 270. Argentina nevertheless argues that a finding of wrongfulness would be insufficient as reparation, even if the Court were to find that Uruguay has not breached any substantive obligation under the 1975 Statute but only some of its procedural obligations. Argentina maintains that the procedural obligations and substantive obligations laid down in the 1975 Statute are closely related and cannot be severed from one another for purposes of reparation, since undesirable effects of breaches of the former persist even after the breaches have ceased. Accordingly, Argentina contends that Uruguay is under an obligation to “re-establish on the ground and in legal terms the situation that existed before [the] internationally wrongful acts were committed”. To this end, the Orion (Botnia) mill should be dismantled. According to Argentina, restitutio in integrum is the primary form of reparation for internationally wrongful acts. Relying on Article 35 of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts, Argentina maintains that restitution takes precedence over all other forms of reparation except where it is “materially impossible” or involves “a burden out of all proportion to the benefit deriving from restitution instead of compensation”. It asserts that dismantling the mill is not materially impossible and would not create for the Respondent State a burden out of all proportion, since the Respondent has “maintained that construction of the mills would not amount to a fait accompli liable to prejudice Argentina’s rights and that it was for Uruguay alone to decide whether to proceed with construction 92

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