PULP MILLS (JUDGMENT)
21
of consultation of the affected populations as part of the EIA — No legal obligation to consult the affected populations arises from the instruments invoked
by Argentina — Consultation by Uruguay of the affected populations did indeed
take place.
Production technology used in the Orion (Botnia) mill — No evidence to support Argentina’s claim that the Orion (Botnia) mill is not BAT-compliant in
terms of the discharges of effluent for each tonne of pulp produced — From the
data collected after the start-up of the Orion (Botnia) mill, it does not appear
that the discharges from it have exceeded the prescribed limits.
Impact of the discharges on the quality of the waters of the river — Postoperational monitoring — Dissolved oxygen — Phosphorus — Algal blooms —
Phenolic substances — Presence of nonylphenols in the river environment —
Dioxins and furans — Alleged breaches not established.
Effects on biodiversity — Insufficient evidence to conclude that Uruguay
breached the obligation to protect the aquatic environment, including its fauna
and flora.
Air pollution — Indirect pollution from deposits into the aquatic environment — Insufficient evidence.
On the basis of the evidence submitted, no breach by Uruguay of Article 41 of
the 1975 Statute.
Continuing obligations : monitoring — Obligation of the Parties to enable
CARU to exercise on a continuous basis the powers conferred on it by the
1975 Statute — Obligation of Uruguay to continue monitoring the operation of
the Orion (Botnia) plant — Obligation of the Parties to continue their co-operation through CARU.
*
Claims made by the Parties in their final submissions.
Claims of Argentina — Breach of procedural obligations — Finding of
wrongful conduct and satisfaction — Forms of reparation other than compensation not excluded by the 1975 Statute — Restitution as a form of reparation
for injury — Definition — Limits — Form of reparation appropriate to the
injury suffered, taking into account the nature of the wrongful act — Restitution
in the form of the dismantling of the Orion (Botnia) mill not appropriate
where only breaches of procedural obligations have occurred — No breach
of substantive obligations and rejection of Argentina’s other claims — No
special circumstances requiring the ordering of assurances and guarantees
of non-repetition.
Uruguay’s request for confirmation of its right to continue operating the
Orion (Botnia) plant — No practical significance.
*
Obligation of the Parties to co-operate with each other, on the terms set out
in the 1975 Statute, to ensure the achievement of its object and purpose — Joint
action of the Parties through CARU and establishment of a real community of
interests and rights in the management of the River Uruguay and in the protection of its environment.
11