PULP MILLS (JUDGMENT)
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sees it as for the Court to pronounce on all the breaches of the 1975 Statute, including and not limited to the authorization for the construction of
the disputed mills.
136. Argentina submits that Uruguay, by its conduct, frustrated the
procedures laid down in Articles 7 to 9 of the 1975 Statute and that, during the period of negotiation within the GTAN, Uruguay continued the
construction work on the Orion (Botnia) mill and began building the
port terminal. During that same period, Argentina reiterated, within
CARU, the need for Uruguay to comply with its procedural obligations
under Articles 7 to 12 of the 1975 Statute and to suspend the works.
Lastly, Argentina rejects Uruguay’s claim that the work on the foundations of the Orion (Botnia) mill, its chimney and the port was merely
preliminary in nature and cannot be regarded as the beginning of construction work as such. For Argentina, such a distinction is groundless
and cannot be justified by the nature of the work carried out.
137. The Court first points out that there is no reason to distinguish,
as Uruguay and Argentina have both done for the purpose of their
respective cases, between referral on the basis of Article 12 and of Article 60 of the 1975 Statute. While it is true that Article 12 provides for
recourse to the procedure indicated in Chapter XV, should the negotiations fail to produce an agreement within the 180-day period, its purpose
ends there. Article 60 then takes over, in particular its first paragraph,
which enables either Party to submit to the Court any dispute concerning
the interpretation or application of the Statute which cannot be settled by
direct negotiations. This wording also covers a dispute relating to the
interpretation or application of Article 12, like any other provision of the
1975 Statute.
138. The Court notes that the press release of 31 May 2005 sets out an
agreement between the two States to create a negotiating framework, the
GTAN, in order to study, analyse and exchange information on the
effects that the operation of the cellulose plants that were being constructed in the Eastern Republic of Uruguay could have on the ecosystem
of the shared Uruguay River, with “the group [having] to produce an initial report within a period of 180 days”.
139. The Court recognizes that the GTAN was created with the aim of
enabling the negotiations provided for in Article 12 of the 1975 Statute,
also for a 180-day period, to take place. Under Article 11, these negotiations between the parties with a view to reaching an agreement are to be
held once the notified party has sent a communication to the other party,
through the Commission, specifying
“which aspects of the work or the programme of operations might
significantly impair navigation, the régime of the river or the quality
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