Saturday, June 11, 2011

Pulp Mills on the River Uruguay (Argentina v. Uruguay)

The pulp mill dispute is an ongoing dispute between private citizens, organizations, and the governments of Argentina and Uruguay concerning the construction of pulp mills on the Uruguay river. As a diplomatic, economic, and public relations conflict between both parties, the dispute has also affected tourism and transportation as well as the otherwise amicable relations between the two countries. Proceedings was brought before the ICJ as a case formally named Pulp Mills on the River Uruguay (Argentina v. Uruguay) On January 23, 2007, the International Court of Justice (ICJ) rejected, by 14 votes against one, Uruguay’s request for “provisional measures” against Argentina —a form of injunctive relief—aimed at putting an immediate end to blockades of bridges and roads. The ICJ in its ruling stated: "(the ICJ) is not convinced that the blockades risk prejudicing irreparably the rights which Uruguay claims from the 1975 Statute and adds that it has not shown that, were there such a risk, it would be imminent. The Court consequently finds that the circumstances of the case are not such as to require the indication of the first provisional measure requested by Uruguay (to prevent or end the interruption of transit between the two States and inter alia the blockading of the bridges and roads linking them"

In 2010 The Court found that Uruguay has breached its procedural obligations to co-operate with Argentina and the Administrative Commission of the River Uruguay (CARU) during the development of plans for the CMB (ENCE) and Orion (Botnia) pulp mills. The Court declared that Uruguay has not breached its substantive obligations for the protection of the environment provided for by the Statute of the River Uruguay by authorizing the construction and commissioning of the Orion (Botnia)

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