PULP MILLS (JUDGMENT)
42
that it does not address the alleged noise and visual pollution as claimed
by Argentina. Nor does the Court see any other basis in the 1975 Statute
for such claims ; therefore, the claims relating to noise and visual pollution are manifestly outside the jurisdiction of the Court conferred upon it
under Article 60.
Similarly, no provision of the 1975 Statute addresses the issue of “bad
odours” complained of by Argentina. Consequently, for the same reason,
the claim regarding the impact of bad odours on tourism in Argentina
also falls outside the Court’s jurisdiction. Even if bad odours were to be
subsumed under the issue of air pollution, which will be addressed in
paragraphs 263 and 264 below, the Court notes that Argentina has submitted no evidence as to any relationship between the alleged bad odours
and the aquatic environment of the river.
53. Characterizing the provisions of Articles 1 and 41 of the 1975 Statute as “referral clauses”, Argentina ascribes to them the effect of incorporating into the Statute the obligations of the Parties under general
international law and a number of multilateral conventions pertaining to
the protection of the environment. Consequently, in the view of Argentina, the Court has jurisdiction to determine whether Uruguay has complied with its obligations under certain international conventions.
54. The Court now therefore turns its attention to the issue whether its
jurisdiction under Article 60 of the 1975 Statute also encompasses obligations of the Parties under international agreements and general international law invoked by Argentina and to the role of such agreements
and general international law in the context of the present case.
55. Argentina asserts that the 1975 Statute constitutes the law applicable to the dispute before the Court, as supplemented so far as its application and interpretation are concerned, by various customary principles
and treaties in force between the Parties and referred to in the Statute.
Relying on the rule of treaty interpretation set out in Article 31, paragraph 3 (c) of the Vienna Convention on the Law of Treaties, Argentina
contends notably that the 1975 Statute must be interpreted in the light of
principles governing the law of international watercourses and principles
of international law ensuring protection of the environment. It asserts
that the 1975 Statute must be interpreted so as to take account of all “relevant rules” of international law applicable in the relations between the
Parties, so that the Statute’s interpretation remains current and evolves in
accordance with changes in environmental standards. In this connection
Argentina refers to the principles of equitable, reasonable and noninjurious use of international watercourses, the principles of sustainable
development, prevention, precaution and the need to carry out an environmental impact assessment. It contends that these rules and principles
32