PULP MILLS (JUDGMENT)
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argues that the 1975 Statute was concluded not only to protect the quality of the waters, but also, more generally, the “régime” of the river and
“the areas affected by it, i.e., all the factors that affect, and are affected
by the ecosystem of the river as a whole”. Uruguay contends that the
Court has no jurisdiction over those matters and that, in any event, the
claims are not established on the merits.
264. With respect to noise and visual pollution, the Court has already
concluded in paragraph 52 that it has no jurisdiction on such matters
under the 1975 Statute. As regards air pollution, the Court is of the view
that if emissions from the plant’s stacks have deposited into the aquatic
environment substances with harmful effects, such indirect pollution of
the river would fall under the provisions of the 1975 Statute. Uruguay
appears to agree with this conclusion. Nevertheless, in view of the findings of the Court with respect to water quality, it is the opinion of the
Court that the record does not show any clear evidence that substances
with harmful effects have been introduced into the aquatic environment
of the river through the emissions of the Orion (Botnia) mill into the air.
(f) Conclusions on Article 41
265. It follows from the above that there is no conclusive evidence in
the record to show that Uruguay has not acted with the requisite degree
of due diligence or that the discharges of effluent from the Orion (Botnia)
mill have had deleterious effects or caused harm to living resources or to
the quality of the water or the ecological balance of the river since it
started its operations in November 2007. Consequently, on the basis of
the evidence submitted to it, the Court concludes that Uruguay has not
breached its obligations under Article 41.
(g) Continuing obligations : monitoring
266. The Court is of the opinion that both Parties have the obligation
to enable CARU, as the joint machinery created by the 1975 Statute, to
exercise on a continuous basis the powers conferred on it by the 1975 Statute, including its function of monitoring the quality of the waters of the
river and of assessing the impact of the operation of the Orion (Botnia)
mill on the aquatic environment. Uruguay, for its part, has the obligation
to continue monitoring the operation of the plant in accordance with
Article 41 of the Statute and to ensure compliance by Botnia with Uruguayan domestic regulations as well as the standards set by CARU. The
Parties have a legal obligation under the 1975 Statute to continue their
co-operation through CARU and to enable it to devise the necessary
means to promote the equitable utilization of the river, while protecting
its environment.
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