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ICJ rules Uruguay may continue operating pulp mill on Argentina border

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The International Court of Justice (ICJ) in The Hague ruled Tuesday that Uruguay may continue operating a pulp mill on the River Uruguay despite breaching its treaty obligations to Argentina. The ICJ found that Uruguay did not breach its substantive obligation to Argentina to protect the environment under the 1975 Statute of the River Uruguay by planning to construct two pulp mills. The court did find that Uruguay had breached its procedural duties laid out in the statute by not cooperating with Argentina and the Administrative Commission of the River Uruguay (CARU) during the development phase and prior to the construction of the Orion (Botnia) pulp mill, but concluded that shutting down the plant or ordering damages would not be an appropriate remedy. The ruling was criticized by environmental activists but welcomed by diplomats from both Argentina and Uruguay who hoped it would help repair relations between the two countries. The hearings for the treaty dispute began in September. Argentina claimed that pollutants from the plant were causing extreme harm to the river and surrounding environment and that Uruguay failed to obtain Argentina's approval before starting the project. In 2007, the ICJ refused to order Argentina to prevent demonstrators protesting the plant from blocking traffic on roads and bridges into the country from Uruguay. In 2006, the ICJ denied Argentina's request that Uruguay be ordered to stop construction on the plants.

Full post as published by JURIST - The Paper Chase on April 20, 2010 (boomark / email).