PULP MILLS (JUDGMENT) 41 quality of the waters of the river fall within the compromissory clause. On the other hand, Uruguay takes the position that Argentina cannot rely on the compromissory clause to submit claims regarding every type of environmental damage. Uruguay further argues that Argentina’s contentions concerning air pollution, noise, visual and general nuisance, as well as the specific impact on the tourism sector, allegedly caused by the Orion (Botnia) mill, do not concern the interpretation or the application of the 1975 Statute, and the Court therefore lacks jurisdiction over them. Uruguay nevertheless does concede that air pollution which has harmful effects on the quality of the waters of the river or on the aquatic environment would fall within the jurisdiction of the Court. 50. Argentina maintains that Uruguay’s position on the scope of the Court’s jurisdiction is too narrow. It contends that the 1975 Statute was entered into with a view to protect not only the quality of the waters of the river but more generally its “régime” and the areas affected by it. Relying on Article 36 of the 1975 Statute, which lays out the obligation of the parties to co-ordinate measures to avoid any change in the ecological balance and to control harmful factors in the river and the areas affected by it, Argentina asserts that the Court has jurisdiction also with respect to claims concerning air pollution and even noise and “visual” pollution. Moreover, Argentina contends that bad odours caused by the Orion (Botnia) mill negatively affect the use of the river for recreational purposes, particularly in the Gualeguaychú resort on its bank of the river. This claim, according to Argentina, also falls within the Court’s jurisdiction. 51. The Court, when addressing various allegations or claims advanced by Argentina, will have to determine whether they concern “the interpretation or application” of the 1975 Statute, as its jurisdiction under Article 60 thereof covers “[a]ny dispute concerning the interpretation or application of the [1961] Treaty and the [1975] Statute”. Argentina has made no claim to the effect that Uruguay violated obligations under the 1961 Treaty. 52. In order to determine whether Uruguay has breached its obligations under the 1975 Statute, as alleged by Argentina, the Court will have to interpret its provisions and to determine their scope ratione materiae. Only those claims advanced by Argentina which are based on the provisions of the 1975 Statute fall within the Court’s jurisdiction ratione materiae under the compromissory clause contained in Article 60. Although Argentina, when making claims concerning noise and “visual” pollution allegedly caused by the pulp mill, invokes the provision of Article 36 of the 1975 Statute, the Court sees no basis in it for such claims. The plain language of Article 36, which provides that “[t]he parties shall co-ordinate, through the Commission, the necessary measures to avoid any change in the ecological balance and to control pests and other harmful factors in the river and the areas affected by it”, leaves no doubt 31