PULP MILLS (JUDGMENT)
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are applicable in giving the 1975 Statute a dynamic interpretation,
although they neither replace it nor restrict its scope.
56. Argentina further considers that the Court must require compliance with the Parties’ treaty obligations referred to in Articles 1 and
41 (a) of the 1975 Statute. Argentina maintains that the “referral clauses”
contained in these articles make it possible to incorporate and apply obligations arising from other treaties and international agreements binding
on the Parties. To this end, Argentina refers to the 1973 Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(hereinafter the “CITES Convention”), the 1971 Ramsar Convention on
Wetlands of International Importance (hereinafter the “Ramsar Convention”), the 1992 United Nations Convention on Biological Diversity
(hereinafter the “Biodiversity Convention”), and the 2001 Stockholm
Convention on Persistent Organic Pollutants (hereinafter the “POPs
Convention”). It asserts that these conventional obligations are in addition to the obligations arising under the 1975 Statute, and observance of
them should be ensured when application of the Statute is being considered. Argentina maintains that it is only where “more specific rules of the
[1975] Statute (lex specialis)” derogate from them that the instruments
to which the Statute refers should not be applied.
57. Uruguay likewise considers that the 1975 Statute must be interpreted in the light of general international law and it observes that the
Parties concur on this point. It maintains however that its interpretation
of the 1975 Statute accords with the various general principles of the law
of international watercourses and of international environmental law,
even if its understanding of these principles does not entirely correspond
to that of Argentina. Uruguay considers that whether Articles 1 and
41 (a) of the 1975 Statute can be read as a referral to other treaties in
force between the Parties has no bearing in the present case, because conventions relied on by Argentina are either irrelevant, or Uruguay cannot
be found to have violated any other conventional obligations. In any
event, the Court would lack jurisdiction to rule on alleged breaches of
international obligations which are not contained in the 1975 Statute.
58. The Court will first address the issue whether Articles 1 and 41 (a)
can be read as incorporating into the 1975 Statute the obligations of the
Parties under the various multilateral conventions relied upon by Argentina.
59. Article 1 of the 1975 Statute reads as follows :
“The parties agree on this Statute, in implementation of the provisions of Article 7 of the Treaty concerning the Boundary Constituted by the River Uruguay of 7 April 1961, in order to establish the
joint machinery necessary for the optimum and rational utilization
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