PULP MILLS (JUDGMENT)
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Nagymaros Project (Hungary/Slovakia), Judgment, I.C.J. Reports 1997,
p. 78, paras. 140-141).
77. The Court observes that it is by co-operating that the States concerned can jointly manage the risks of damage to the environment that
might be created by the plans initiated by one or other of them, so as to
prevent the damage in question, through the performance of both the
procedural and the substantive obligations laid down by the 1975 Statute. However, whereas the substantive obligations are frequently worded
in broad terms, the procedural obligations are narrower and more specific, so as to facilitate the implementation of the 1975 Statute through a
process of continuous consultation between the parties concerned. The
Court has described the régime put in place by the 1975 Statute as a
“comprehensive and progressive régime” (Pulp Mills on the River Uruguay (Argentina v. Uruguay), Provisional Measures, Order of 13 July
2006, I.C.J. Reports 2006, p. 133, para. 81), since the two categories of
obligations mentioned above complement one another perfectly, enabling
the parties to achieve the object of the Statute which they set themselves
in Article 1.
78. The Court notes that the 1975 Statute created CARU and established procedures in connection with that institution, so as to enable the
parties to fulfil their substantive obligations. However, nowhere does the
1975 Statute indicate that a party may fulfil its substantive obligations by
complying solely with its procedural obligations, nor that a breach of
procedural obligations automatically entails the breach of substantive
ones.
Likewise, the fact that the parties have complied with their substantive
obligations does not mean that they are deemed to have complied ipso
facto with their procedural obligations, or are excused from doing so.
Moreover, the link between these two categories of obligations can also
be broken, in fact, when a party which has not complied with its procedural obligations subsequently abandons the implementation of its
planned activity.
79. The Court considers, as a result of the above, that there is indeed
a functional link, in regard to prevention, between the two categories of
obligations laid down by the 1975 Statute, but that link does not prevent
the States parties from being required to answer for those obligations
separately, according to their specific content, and to assume, if necessary, the responsibility resulting from the breach of them, according to
the circumstances.
B. The Procedural Obligations and Their Interrelation
80. The 1975 Statute imposes on a party which is planning certain
activities, set out in Article 7, first paragraph, procedural obligations
whose content, interrelation and time-limits are specified as follows in
Articles 7 to 12 :
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