PULP MILLS (JUDGMENT)
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Convention on the Law of Treaties — Distinction between taking account of
other international rules in the interpretation of the 1975 Statute and the scope
of the jurisdiction of the Court under Article 60 of the latter.
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Alleged breach of procedural obligations.
Question of links between the procedural obligations and the substantive obligations — Object and purpose of the 1975 Statute — Optimum and rational
utilization of the River Uruguay — Sustainable development — Co-operation
between the parties in jointly managing the risks of damage to the environment — Existence of a functional link, in regard to prevention, between the procedural obligations and the substantive obligations — Responsibility in the event
of breaches of either category.
Interrelation of the various procedural obligations laid down by Articles 7 to
12 of the 1975 Statute — Original Spanish text of Article 7 — Obligation to
inform, notify and negotiate as an appropriate means of achieving the objective
of optimum and rational utilization of the river as a shared resource — Legal
personality of CARU — Central role of CARU in the joint management of the
river and obligation of the parties to co-operate.
Obligation to inform CARU (Article 7, first paragraph, of the 1975 Statute) — Works subject to this obligation — Link between the obligation to
inform CARU, co-operation between the parties and the obligation of prevention — Determination by CARU on a preliminary basis of whether there is a
risk of significant damage to the other party — Content of the information to be
transmitted to CARU — Obligation to inform CARU before issuing of the initial environmental authorization — Provision of information to CARU by private operators cannot substitute for the obligation to inform laid down by the
1975 Statute — Breach by Uruguay of the obligation to inform CARU.
Obligation to notify the plans to the other party (Article 7, second and third
paragraphs, of the 1975 Statute) — Need for a full environmental impact
assessment (EIA) — Notification of the EIA to the other party, through
CARU, before any decision on the environmental viability of the plan — Breach
by Uruguay of the obligation to notify the plans to Argentina.
Question of whether the Parties agreed to derogate from the procedural obligations — “Understanding” of 2 March 2004 — Content and scope — Since
Uruguay did not comply with it, the “understanding” cannot be regarded as
having had the effect of exempting Uruguay from compliance with the procedural obligations — Agreement setting up the High-Level Technical Group
(GTAN) — Referral to the Court on the basis of Article 12 or Article 60 of the
1975 Statute : no practical distinction — The agreement to set up the GTAN
had the aim of enabling the negotiations provided for in Article 12 of the 1975
Statute to take place, but did not derogate from other procedural obligations —
In accepting the creation of the GTAN, Argentina did not give up the procedural
rights belonging to it by virtue of the Statute, nor the possibility of invoking
Uruguay’s responsibility ; nor did Argentina consent to suspending the operation
of the procedural provisions of the Statute (Article 57 of the Vienna Convention
on the Law of Treaties) — Obligation to negotiate in good faith — “No construction obligation” during the negotiation period — Preliminary work
approved by Uruguay — Breach by Uruguay of the obligation to negotiate laid
down by Article 12 of the 1975 Statute.
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