PULP MILLS (JUDGMENT)
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ronment and the joint management of this shared resource. This objective must also be ensured through CARU, which constitutes “the joint
machinery” necessary for its achievement, and through the regulations
adopted by it as well as the regulations and measures adopted by the
Parties.
174. The Court recalls that the Parties concluded the treaty embodying the 1975 Statute, in implementation of Article 7 of the 1961 Treaty,
requiring the Parties jointly to establish a régime for the use of the river
covering, inter alia, provisions for preventing pollution and protecting
and preserving the aquatic environment. Thus, optimum and rational utilization may be viewed as the cornerstone of the system of co-operation
established in the 1975 Statute and the joint machinery set up to implement this co-operation.
175. The Court considers that the attainment of optimum and rational
utilization requires a balance between the Parties’ rights and needs to use
the river for economic and commercial activities on the one hand, and
the obligation to protect it from any damage to the environment that
may be caused by such activities, on the other. The need for this balance
is reflected in various provisions of the 1975 Statute establishing rights
and obligations for the Parties, such as Articles 27, 36, and 41. The Court
will therefore assess the conduct of Uruguay in authorizing the construction and operation of the Orion (Botnia) mill in the light of those provisions of the 1975 Statute, and the rights and obligations prescribed
therein.
176. The Court has already addressed in paragraphs 84 to 93 above
the role of CARU with respect to the procedural obligations laid down in
the 1975 Statute. In addition to its role in that context, the functions of
CARU relate to almost all aspects of the implementation of the substantive provisions of the 1975 Statute. Of particular relevance in the present
case are its functions relating to rule-making in respect of conservation
and preservation of living resources, the prevention of pollution and its
monitoring, and the co-ordination of actions of the Parties. These functions will be examined by the Court in its analysis of the positions of the
Parties with respect to the interpretation and application of Articles 36
and 41 of the 1975 Statute.
177. Regarding Article 27, it is the view of the Court that its formulation reflects not only the need to reconcile the varied interests of riparian
States in a transboundary context and in particular in the use of a shared
natural resource, but also the need to strike a balance between the use of
the waters and the protection of the river consistent with the objective of
sustainable development. The Court has already dealt with the obligations arising from Articles 7 to 12 of the 1975 Statute which have to be
observed, according to Article 27, by any party wishing to exercise its
right to use the waters of the river for any of the purposes mentioned
therein insofar as such use may be liable to affect the régime of the river
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