PULP MILLS (JUDGMENT)
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Ms Raquel Piaggio, State Agency for Sanitary Works (OSE), Technical Consultant for the National Directorate for the Environment, Ministry of
Housing, Land Use Planning and Environmental Affairs,
Mr. Charles A. Menzie, Ph.D., Principal Scientist and Director of the EcoSciences Practice at Exponent, Inc., Alexandria, Virginia,
Mr. Neil McCubbin, Eng., B.Sc. (Eng.), 1st Class Honours, Glasgow, Associate of the Royal College of Science and Technology, Glasgow,
as Scientific Advisers and Experts,
THE COURT,
composed as above,
after deliberation,
delivers the following Judgment :
1. On 4 May 2006, the Argentine Republic (hereinafter “Argentina”) filed in
the Registry of the Court an Application instituting proceedings against the
Eastern Republic of Uruguay (hereinafter “Uruguay”) in respect of a dispute
concerning the breach, allegedly committed by Uruguay, of obligations under
the Statute of the River Uruguay (United Nations, Treaty Series (UNTS),
Vol. 1295, No. I-21425, p. 340), a treaty signed by Argentina and Uruguay at
Salto (Uruguay) on 26 February 1975 and having entered into force on 18 September 1976 (hereinafter the “1975 Statute”) ; in the Application, Argentina
stated that this breach arose out of “the authorization, construction and future
commissioning of two pulp mills on the River Uruguay”, with reference in particular to “the effects of such activities on the quality of the waters of the River
Uruguay and on the areas affected by the river”.
In its Application, Argentina, referring to Article 36, paragraph 1, of the
Statute of the Court, seeks to found the jurisdiction of the Court on Article 60,
paragraph 1, of the 1975 Statute.
2. Pursuant to Article 40, paragraph 2, of the Statute of the Court, the Registrar communicated the Application forthwith to the Government of Uruguay.
In accordance with paragraph 3 of that Article, the Secretary-General of the
United Nations was notified of the filing of the Application.
3. On 4 May 2006, immediately after the filing of the Application, Argentina
also submitted a request for the indication of provisional measures based on
Article 41 of the Statute and Article 73 of the Rules of Court. In accordance
with Article 73, paragraph 2, of the Rules of Court, the Registrar transmitted a
certified copy of this request forthwith to the Government of Uruguay.
4. On 2 June 2006, Uruguay transmitted to the Court a CD-ROM containing the electronic version of two volumes of documents relating to the Argentine request for the indication of provisional measures, entitled “Observations
of Uruguay” (of which paper copies were subsequently received) ; a copy of
these documents was immediately sent to Argentina.
5. On 2 June 2006, Argentina transmitted to the Court various documents, including a video recording, and, on 6 June 2006, it transmitted further
documents ; copies of each series of documents were immediately sent to Uruguay.
6. On 6 and 7 June 2006, various communications were received from the
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