PULP MILLS (JUDGMENT)
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Parties, whereby each Party presented the Court with certain observations on
the documents submitted by the other Party. Uruguay objected to the production of the video recording submitted by Argentina. The Court decided not to
authorize the production of that recording at the hearings.
7. Since the Court included upon the Bench no judge of the nationality of
the Parties, each of them exercised its right under Article 31, paragraph 3, of
the Statute to choose a judge ad hoc to sit in the case. Argentina chose
Mr. Raúl Emilio Vinuesa, and Uruguay chose Mr. Santiago Torres Bernárdez.
8. By an Order of 13 July 2006, the Court, having heard the Parties, found
“that the circumstances, as they [then] present[ed] themselves to [it], [we]re not
such as to require the exercise of its power under Article 41 of the Statute to
indicate provisional measures”.
9. By another Order of the same date, the Court, taking account of the views
of the Parties, fixed 15 January 2007 and 20 July 2007, respectively, as the timelimits for the filing of a Memorial by Argentina and a Counter-Memorial by
Uruguay ; those pleadings were duly filed within the time-limits so prescribed.
10. On 29 November 2006, Uruguay, invoking Article 41 of the Statute and
Article 73 of the Rules of Court, in turn submitted a request for the indication
of provisional measures. In accordance with Article 73, paragraph 2, of the
Rules of Court, the Registrar transmitted a certified copy of this request forthwith to the Argentine Government.
11. On 14 December 2006, Uruguay transmitted to the Court a volume of
documents concerning the request for the indication of provisional measures,
entitled “Observations of Uruguay” ; a copy of these documents was immediately sent to Argentina.
12. On 18 December 2006, before the opening of the oral proceedings,
Argentina transmitted to the Court a volume of documents concerning Uruguay’s request for the indication of provisional measures ; the Registrar immediately sent a copy of these documents to the Government of Uruguay.
13. By an Order of 23 January 2007, the Court, having heard the Parties,
found “that the circumstances, as they [then] present[ed] themselves to [it],
[we]re not such as to require the exercise of its power under Article 41 of the
Statute to indicate provisional measures”.
14. By an Order of 14 September 2007, the Court, taking account of the
agreement of the Parties and of the circumstances of the case, authorized the
submission of a Reply by Argentina and a Rejoinder by Uruguay, and fixed
29 January 2008 and 29 July 2008 as the respective time-limits for the filing of
those pleadings. The Reply of Argentina and the Rejoinder of Uruguay were
duly filed within the time-limits so prescribed.
15. By letters dated 16 June 2009 and 17 June 2009 respectively, the Governments of Uruguay and Argentina notified the Court that they had come to
an agreement for the purpose of producing new documents pursuant to Article 56 of the Rules of Court. By letters of 23 June 2009, the Registrar informed
the Parties that the Court had decided to authorize them to proceed as they had
agreed. The new documents were duly filed within the agreed time-limit.
16. On 15 July 2009, each of the Parties, as provided for in the agreement
between them and with the authorization of the Court, submitted comments on
the new documents produced by the other Party. Each Party also filed documents in support of these comments.
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