"Pulp Mills on the River Uruguay"

Index

Objective & Background Information

Uruguay & the ICJ

The Beginning

A First Judicial Outcome

The Case in the International Court of Justice

Documents & Other Information Related with the Case

Link to the Ministry of Foreign Affairs of Uruguay, section dedicated to the case

Conflicto por las plantas de celulosa (In Spanish)

Objective & Background Information

Objective

This section contains information on the case "Pulps Mills on the Uruguay River (Argentina v. Uruguay)" currently under consideration by the International Court of Justice (ICJ). It is intended to provide public access to basic information related to this case, as well as to follow the jurisdictional process in the ICJ.

This case is related to the current construction of paper industries located in Fray Bentos, Uruguay.

Introduction

Uruguay & the ICJ. Uruguay is an original member of the ICJ and it recognized the jurisdiction of the Court as compulsory since January, 1921. This is the first time ever that Uruguay is brought to this Court.

The Beginning. On May 4^th, 2006, Argentina instituted proceedings in the ICJ against Uruguay for the allegated breach by Uruguay of obligations under the Statute of the River Uruguay.

Public hearings were held on June 8^th & 9^th, 2006 at the The Hague. “In them Argentina reiterated its request for the indication of provisional measures, arguing inter alia that the mills posed a serious threat to the ecosystem of the River Uruguay.  Uruguay asked the Court to reject Argentina’s request, contending that the conditions required for the indication of provisional measures had not been satisfied”. (Source: ICJ Press Release.)

A First Judicial Outcome. On July 13^th, 2006, the ICJ gave its decision on this request for the indication of provisional measures submitted by Argentina in the case.

The Court found, by 14 votes to 1, that "the circumstances, as they now present themselves to the Court, are not such as to require the exercise to its power under Article 41º of the Statute to indicate provisional measures”.

The case in the International Court of Justice

List of Documents.

• July 17^th, 2006, Press Release 2006/29: "Fixing of time-limits for the filing of the initial pleadings".

• July 13^th, 2006, Press Release 2006/28: "The Court finds that the circumstances, as they now present themselves to it, are not such as to require the exercise of its power
  to indicate provisional measures".

• Link to the International Court of Justice.

• Link to the ICJ's Docket (Case/s currently being heard/under deliberation): "Pulp Mills on the River Uruguay (Argentina v. Uruguay). (Latest Development.)

Documents & Other Information related with the case

Latest updates.

• December 21^th, 2006. Finland's National Contact Point's Statement on the specific instance submitted by CEDHA, an Argentinean non-governmental organization regarding BOTNIA S.A./METSA-BOTNIA OY'S PULP MILL PROYECT in Uruguay. Open the document.
  
  

• September 6^th, 2006. Award rendered by the MERCOSUR’s "ad hoc" Arbitration Tribunal. This tribunal was constituted to address the controversy presented by Uruguay against Argentina, concerning the omission of the Argentinean Government to implement appropriate measures to prevent and or bring to and end hindrances to the free circulation between the two countries, derived from the blockage of the international bridges General San Martin and General Artigas.

Note: Translated from an official MERCOSUR document only available in Spanish and Portuguese: “Laudo del Tribunal Arbitral “ad hoc” de MERCOSUR constituido para entender de la controversia presentada por la República Oriental del Uruguay a la República Argentina sobre “Omisión del Estado Argentino en adoptar medidas apropiadas para prevenir y/o hacer cesar los impedimentos a la libre circulación derivados de los cortes en territorio argentino de vías de acceso a los puentes internacionales Gral. San Martín y Gral. Artigas que unen la República Argentina con la República Oriental del Uruguay”).

• Argentina National Academy of Law and Social Sciences (in Spanish).

List of Documents.

• August 2^nd, 2006, Press Release 069/06, Ministry of Foreign Affairs of Uruguay (In Spanish) Uruguay offers Argentina joint supervision of the Pulp Mills.

• August 1^st, 2006, Letter from Minister Reinaldo Gargano Ostuni to Minster Jorge Taiana, Minister for Foreign Affairs, International Trade and Worship of Argentina, offering joint supervision of the Pulp Mills.

• Open letter from Faculty members of the Faculty of Sciences, Uruguay on the Report issued by some members of this Institution (in Spanish).

• Argentina National Academy of Engineering, Report on the environmental impact of those plants (in Spanish).

• Application and request for the indication of provisional measures.

• Summary of the Order of July 13^th, 2006: request for the indication of provisional measures.

• Press Conference held at the Ministry of Foreign Affairs of Uruguay.

Further development of this case will be regularly updated (Last update: Wednesday, September 20, 2006 11:55:57 AM).

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