PULP MILLS (JUDGMENT)
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on the River Uruguay (see sketch-map No. 1 on p. 33 for the general
geographical context). After identifying the legal instruments concerning
the River Uruguay by which the Parties are bound, the Court will set out
the main facts of the case.
A. Legal Framework
26. The boundary between Argentina and Uruguay in the River Uruguay is defined by the bilateral Treaty entered into for that purpose at
Montevideo on 7 April 1961 (UNTS, Vol. 635, No. 9074, p. 98). Articles 1 to 4 of the Treaty delimit the boundary between the Contracting
States in the river and attribute certain islands and islets in it to them.
Articles 5 and 6 concern the régime for navigation on the river. Article 7
provides for the establishment by the parties of a “régime for the use of
the river” covering various subjects, including the conservation of living
resources and the prevention of water pollution of the river. Articles 8 to
10 lay down certain obligations concerning the islands and islets and
their inhabitants.
27. The “régime for the use of the river” contemplated in Article 7 of
the 1961 Treaty was established through the 1975 Statute (see paragraph 1 above). Article 1 of the 1975 Statute states that the parties
adopted it “in order to establish the joint machinery necessary for the
optimum and rational utilization of the River Uruguay, in strict observance of the rights and obligations arising from treaties and other international agreements in force for each of the parties”. After having thus
defined its purpose (Article 1) and having also made clear the meaning of
certain terms used therein (Article 2), the 1975 Statute lays down rules
governing navigation and works on the river (Chapter II, Articles 3 to
13), pilotage (Chapter III, Articles 14 to 16), port facilities, unloading
and additional loading (Chapter IV, Articles 17 to 18), the safeguarding
of human life (Chapter V, Articles 19 to 23) and the salvaging of property
(Chapter VI, Articles 24 to 26), use of the waters of the river (Chapter VII, Articles 27 to 29), resources of the bed and subsoil (Chapter VIII,
Articles 30 to 34), the conservation, utilization and development of other
natural resources (Chapter IX, Articles 35 to 39), pollution (Chapter X,
Articles 40 to 43), scientific research (Chapter XI, Articles 44 to 45), and
various powers of the parties over the river and vessels sailing on it
(Chapter XII, Articles 46 to 48). The 1975 Statute sets up the Administrative Commission of the River Uruguay (hereinafter “CARU”, from
the Spanish acronym for “Comisión Administradora del Río Uruguay”)
(Chapter XIII, Articles 49 to 57), and then establishes procedures for
conciliation (Chapter XIV, Articles 58 to 59) and judicial settlement of
disputes (Chapter XV, Article 60). Lastly, the 1975 Statute contains transitional (Chapter XVI, Articles 61 to 62) and final (Chapter XVII, Article 63) provisions.
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