Pulp Mills Argentina Vs Uruguay

Answer 1

ICJ, judgment in the case Pulp Mills in the River Uruguay(Argentina v. Uruguay) (2010)
• Argentina: construction and operation of Orion pulp mill by Uruguay caused damage to environment in A., in violation of 1975
Statute on the management of the Uruguay river
• 1975 Statute, Article 41

1. If one party plans to construct new channels, substantially modify or alter existing ones or carry out any other works which are liable to affect navigation, the régime of the river or the quality of its waters, it shall notify the Commission [CARU, established by the treaty], which shall determine on a preliminary basis and within a maximum period of 30 days whether the plan might cause significant damage to the other party  negotiations
2. … the parties undertake:
   • (a) to protect and preserve the aquatic environment and, in particular, to prevent its pollution
   • pollution shall mean the direct or indirect introduction by man into the aquatic environment of substances or energy which have harmful effects
   • Harmful effects (CARU Digest) = any alteration of the water quality that prevents or hinders any legitimate use of the water, that causes deleterious effects or harm to living resources, risks to human health, or a threat to water activities including fishing or reduction of recreational activities

Court:
• the obligation to protect and preserve, under Article 41 (a) of the Statute, has to be interpreted in accordance with a practice, which in recent years has gained so much acceptance among States that it may now be considered a requirement under general international law to undertake an environmental impact assessment where there is a risk that the proposed industrial activity may have a significant adverse impact in a transboundary context, in particular, on a shared resource

Uruguay breached its procedural obligations to
inform, notify and negotiate
• there is no conclusive evidence in the record to show that Uruguay has not acted with the requisite degree of due diligence or that the discharges of effluent from the Orion (Botnia) mill have had deleterious effects or caused harm to living resources or to the quality of the water or the ecological balance of the river since it started its operations in November 2007