Argentina institutes proceedings against Uruguay and requests the Court to indicate provisional measures

INTERNATIONAL COURTOFWSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:

[email protected]. Internet address: http://www.icj-cij.org.

Press Release
Unofficial

No. 2006/17
4 May 2006

Argentina institutes proceedings against Uruguay and reguests
the Court to indicate provisional measures

The Hague, 4 May 2006. In the late afternoon of 4 May 2006 Argentina seised the
International Court of Justice (ICJ) of a dispute between itself and Uruguay concerning alleged
breaches byUruguay of obligations incumbent upon it under the Statute of the River Uruguay, a
treaty signed by Argentina and Uruguay on 26 February 1975 (hereinafter "the 1975 Statute").

The purpose of that Statute is "to establish the joint machinery necessary for the optimum

and rational utilization of the River Uruguay", which is shared by the two States and partially
constitutes their joint boundary. The Statute governs inter alia "the conservation, utilization and
exploitationf natural resources and the prevention of pollution" and establishes an Administrative
Commission of the River Uruguay (CARU in its Spanish acronym), which has functions of
regulation and co-ordination.

In its Application Argentina charges the Government of Uruguay with having, in
October 2003, "unilaterally authorized . . . the construction of a pulp mill near the town of
Fray Bentos . . . without complying with the obligatory prior notification and consultation
procedure" provided for by the 1975 Statute.

Argentina states that, despite its repeated protests, both directly to the Government of
Uruguay and to CARU, "the Uruguayan Government has persisted in its refusai to follow the

prescribed procedures". According to the Application, Uruguay has in fact "aggravated the
dispute" by subsequently authorizing the construction in the same area of a second pulp mill and of
a port for that mill.

Argentina claims that these mills, which are to be constructed on the banks of the river
facing the Argentine townf GualeguaychU, will "damage the environment of the River Uruguay

and its catchment zone", affecting over 300,000 residents, who are concerned at the "significant
risks of pollution of the river, deterioration of biodiversity, harmful effects on health and damage to
fisheries resources", and the "extremely serious consequences for tourism and other economie
interests".

In its Application, Argentina further states that, following the change of government in

Uruguay in March 2005, the two States set up a High-Level Technical Group (GTAN in its Spanish
acronym) in order to resolve the dispute between them. According to the Application, the
12 meetings of that body between August 2005 and late January 2006 have not, however, enabled
the two countries to reach agreement. -2-

Argentina accordingly "requests the Court to adjudge and declare:

1. that Uruguay has breached the obligations incumbent upon it under the 1975 Statute and the
other ru!es of international law to which that Statute refers, including but not exclusively:

ill the obligation to take ali necessary measures for the optimum and rational use of the

River Uruguay;

.(hl the obligation of prior notification to CARU and to Argentina;

f.f2 the obligation to comply with the procedures laid down in Chapter II of the 1975 Statute;

@ the obligation to take ali necessary measures to preserve the aquatic environment and
prevent pollution and the obligation to protect biodiversity and fisheries, including the
obligation to prepare a full, objective study on environmental impact;

W the obligation to co-operate in regard to the prevention of pollution and the protection of
biodiversity and fisheries; and

2. that, by its conduct, Uruguay has engaged its international responsibility to Argentina;

3. that Uruguay shall cease its wrongful conduct and comply scrupulously in future with the
obligations incumbent upon it; and

4. that Uruguay shall make full reparation for the injury caused by its breach of the obligations
incumbent upon it."

In its Application Argentina cites as basis for the Court's jurisdiction the first paragraph of

Article 60 of the 1975 Statute. This provides that "[a]ny dispute concerning the interpretation or
application of the Treaty and the Statute which cannat be settled by direct negotiations may be
submitted by either Party to the International Court of Justice".

Argentina also today filed a request for the indication of provisional measures, in which it

explains that "the continued construction of the works in question under present conditions will
significantly aggravate their harrnful economie and social impact". The Argentine Government
further states that the harrnful consequences of these activities would be "such that they could not
simply be made good by means of financial compensation or sorne other material provision". It

adds that the "the commissioning of the mills ... before a final decision is rendered [by the Court]
would seriously and irreversibly compromise the conservation of the environment of the
River Uruguay and its catchment area, as weil as the rights of Argentina and of the inhabitants of
the neighbouring areas under its jurisdiction". According to Argentina, the continued construction

of the mills would set the seal on Uruguay's unilateral effort to create a "fait accompli" and to
render irreversible the current siting of the mills.

Argentina accordingly requests the Court, pending final judgment in these proceedings, to

indicate provisional measures requiring Uruguay: to suspend forthwith ali authorizations for
construction of the mills in question; to take ali necessary measures to hait building work on the
mills; to co-operate in good faith with Argentina in order to ensure the optimum and rational
utilization of the River Uruguay; to refrain from taking any further unilateral action with respect to

the construction of the milis which does not comply with the 1975 Statute; and to refrain from any
other action which might aggravate or extend the dispute which is the subject-matter of the present
proceedings or render its settlement more difficult. - 3 -

The full texts of Argentina's Application instituting proceedings and request for the
indication of provisional measures will be available shortly on the Court's website

(www.icj-cij.org).

Information Department:

Mrs. Laurence Blairon, Head of Department ( + 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers ( + 31 70 302 23 37)
E-mail address: information @icj-cij.org