PULP MILLS (JUDGMENT)
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or the quality of its waters. The Court wishes to add that such utilization
could not be considered to be equitable and reasonable if the interests of
the other riparian State in the shared resource and the environmental
protection of the latter were not taken into account. Consequently, it is
the opinion of the Court that Article 27 embodies this interconnectedness
between equitable and reasonable utilization of a shared resource and the
balance between economic development and environmental protection
that is the essence of sustainable development.
2. The obligation to ensure that the management of the soil and woodland does not impair the régime of the river or the quality of its waters
(Article 35)
178. Article 35 of the 1975 Statute provides that the parties :
“undertake to adopt the necessary measures to ensure that the management of the soil and woodland and the use of groundwater and
the waters of the tributaries of the river do not cause changes which
may significantly impair the régime of the river or the quality of its
waters”.
179. Argentina contends that Uruguay’s decision to carry out major
eucalyptus planting operations to supply the raw material for the Orion
(Botnia) mill has an impact on management of the soil and Uruguayan
woodland, but also on the quality of the waters of the river. For its part,
Uruguay states that Argentina does not make any arguments that are
based on Uruguay’s management of soil or woodland — “nor has it
made any allegations concerning the waters of tributaries”.
180. The Court observes that Argentina has not provided any evidence
to support its contention. Moreover, Article 35 concerns the management
of the soil and woodland as well as the use of groundwater and the water
of tributaries, and there is nothing to suggest, in the evidentiary material
submitted by Argentina, a direct relationship between Uruguay’s management of the soil and woodland, or its use of ground water and water
of tributaries and the alleged changes in the quality of the waters of the
River Uruguay which had been attributed by Argentina to the Orion
(Botnia) mill. Indeed, while Argentina made lengthy arguments about the
effects of the pulp mill discharges on the quality of the waters of the river,
no similar arguments have been presented to the Court regarding a deleterious relationship between the quality of the waters of the river and
the eucalyptus-planting operations by Uruguay. The Court concludes
that Argentina has not established its contention on this matter.
3. The obligation to co-ordinate measures to avoid changes in the ecological balance (Article 36)
181. Argentina contends that Uruguay has breached Article 36 of the
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