PULP MILLS (JUDGMENT)
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preservation of the aquatic environment of the River Uruguay. Under
Article 41 (b) the existing requirements for preventing water pollution
and the severity of the penalties are not to be reduced. Finally, paragraph (c) of Article 41 concerns the obligation to inform the other party
of plans to prescribe rules on water pollution.
63. The Court concludes that there is no basis in the text of Article 41
of the 1975 Statute for the contention that it constitutes a “referral
clause”. Consequently, the various multilateral conventions relied on by
Argentina are not, as such, incorporated in the 1975 Statute. For that
reason, they do not fall within the scope of the compromissory clause and
therefore the Court has no jurisdiction to rule whether Uruguay has complied with its obligations thereunder.
64. The Court next briefly turns to the issue of how the 1975 Statute is
to be interpreted. The Parties concur as to the 1975 Statute’s origin and
historical context, although they differ as to the nature and general tenor
of the Statute and the procedural and substantive obligations therein.
The Parties nevertheless are in agreement that the 1975 Statute is to be
interpreted in accordance with rules of customary international law on
treaty interpretation, as codified in Article 31 of the Vienna Convention
on the Law of Treaties.
65. The Court has had recourse to these rules when it has had to interpret the provisions of treaties and international agreements concluded
before the entry into force of the Vienna Convention on the Law of Treaties in 1980 (see, e.g., Territorial Dispute (Libyan Arab Jamahiriya/
Chad), Judgment, I.C.J. Reports 1994, p. 21, para. 41 ; Kasikili/Sedudu
Island (Botswana/Namibia), Judgment, I.C.J. Reports 1999 (II), p. 1059,
para. 18).
The 1975 Statute is also a treaty which predates the entry into force of
the Vienna Convention on the Law of Treaties. In interpreting the terms
of the 1975 Statute, the Court will have recourse to the customary rules
on treaty interpretation as reflected in Article 31 of the Vienna Convention. Accordingly the 1975 Statute is to be “interpreted in good faith in
accordance with the ordinary meaning to be given to the terms of the
[Statute] in their context and in light of its object and purpose”. That
interpretation will also take into account, together with the context, “any
relevant rules of international law applicable in the relations between the
parties”.
66. In the interpretation of the 1975 Statute, taking account of relevant rules of international law applicable in the relations between the
Parties, whether these are rules of general international law or contained
in multilateral conventions to which the two States are parties, nevertheless has no bearing on the scope of the jurisdiction conferred on the
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