PULP MILLS (JUDGMENT)
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rules and measures is further reinforced by the requirement that such
rules and measures must be “in accordance with applicable international
agreements” and “in keeping, where relevant, with the guidelines and
recommendations of international technical bodies”. This requirement
has the advantage of ensuring that the rules and measures adopted
by the parties both have to conform to applicable international agreements and to take account of internationally agreed technical standards.
198. Finally, the scope of the obligation to prevent pollution must
be determined in light of the definition of pollution given in Article 40
of the 1975 Statute. Article 40 provides that : “For the purposes of this
Statute, pollution shall mean the direct or indirect introduction by
man into the aquatic environment of substances or energy which have
harmful effects.” The term “harmful effects” is defined in the CARU
Digest as :
“any alteration of the water quality that prevents or hinders any
legitimate use of the water, that causes deleterious effects or harm to
living resources, risks to human health, or a threat to water activities
including fishing or reduction of recreational activities” (Title I,
Chapter 1, Section 2, Article 1 (c) of the Digest (E3)).
199. The Digest expresses the will of the Parties and their interpretation of the provisions of the 1975 Statute. Article 41, not unlike many
other provisions of the 1975 Statute, lays down broad obligations
agreed to by the Parties to regulate and limit their use of the river and
to protect its environment. These broad obligations are given more
specific content through the co-ordinated rule-making action of
CARU as established under Article 56 of the 1975 Statute or through
the regulatory action of each of the parties, or by both means. The
two regulatory actions are meant to complement each other. As
discussed below (see paragraphs 201 to 202, and 214), CARU standards
concern mainly water quality. The CARU Digest sets only general
limits on certain discharges or effluents from industrial plants such as :
“hydrocarbons”, “sedimentable solids”, and “oils and greases”. As the
Digest makes explicit, those matters are left to each party to regulate.
The Digest provides that, as regards effluents within its jurisdiction,
each party shall take the appropriate “corrective measures” in order
to assure compliance with water quality standards (CARU Digest,
Sec. E3: Pollution, Title 2, Chapter 5, Section 1, Article 3). Uruguay has
taken that action in its Regulation on Water Quality (Decree No. 253/79)
and in relation to the Orion (Botnia) mill in the conditions stipulated in
the authorization issued by MVOTMA. In Argentina, the Entre Ríos
Province, which borders the river opposite the plant, has regulated industrial discharges in a decree that also recognizes the binding effect of the
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