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On April 20, 2010, the International Court of Justice rendered its judgment on the Case Concerning Pulp Mills on the River Uruguay between Argentina and Uruguay.
The dispute before the Court was submitted in connection with Uruguay's planned construction of one pulp mill and the construction and commissioning of another mill on the River Uruguay.
The legal framework for this case is the bilateral treaty between Argentina and Uruguay for the purposes of delimitating the boundary in the River Uruguay, which, in turn, contemplated a "regime for the use of river."
This regime was established through the 1975 Statute signed between Argentina and Uruguay to accomplish the optimum and rational utilization of the River Uruguay. The Court noted that the claims made by Argentina in its application concerns the alleged breach by Uruguay of both procedural and substantive obligations and determined that while those two obligations are functionally the linked, those two obligations can be separately reviewed according to their specific content.
As far as the procedural obligations are concerned, the Court pointed out the essential role and functions of the Administrative Commission of the River Uruguay and reached the conclusion that Uruguay failed to properly notify the planned activity on the River Uruguay to the Commission as well to Argentina, thereby failing to comply with the procedural obligation under the 1975 Statute.
With regard to the substantial obligation, the Court concluded that Uruguay has not breached its substantive obligations as most evidence submitted before the Court did not substantiate the claims made by Argentina.