By Sovereign Hager
Impunity Watch Reporter, South America

THE HAGUE, Netherlands-The International Court of Justice (ICJ) ruled that a paper mill can remain open despite the fact that Uruguay violated a treaty in constructing the plant. The ICJ decision, available here, found that despite Uruguay’s breach of a 1975 treaty regulating the use of the River Uruguay, Uruguay had met its environmental obligations.

Argentina argues that the mill is polluting the river Uruguay, which forms the border between the two countries. The dispute arose when Uruguay failed to inform Argentina of the construction of the plant. The 1975 treaty rules the management of shared waters and Argentina argued that the mill was severely contaminating the water. The Argentine government then began sponsoring pickets that blocked the international bridge linking Gualeguaychú with Fray Bentos.

The plant is located at a location used for fishing, tourism, and recreational use. The plant is owned by a Finish pulp producer Metsa-Botnia and was sold to UPM Kymmene in December. The plant pulps eucalyptus trees for paper.

Scientists have lamented that Argentina and Uruguay have not done more to reduce river pollution from other sources, despite their long political battle over the paper mill. Uruguay relied on studies paid for by the paper company and accepted by the national environmental agency, which found the plant had no measurable impact on the River Uruguay.

The River Uruguay drains about 210,000 square miles of farmland and the agricultural runoff is known to include chemicals from fertilizers, which combine with heavy metals from factories. The polluting factories are known to be on the Argentine side of the river.   Greenpeace officials are urging both Uruguay and Argentina to develop shared rules for factories along the river. A Greenpeace official told the Associated Press that the disagreement between Argentina and Uruguay “involves a lot of hypocrisy” because “there hasn’t been a serious and ongoing evaluation of pollution in the river, neither in Uruguay nor in Argentina.”

For more information, please see:

Buenos Aires Herald-ICJ Rules Uruguay Breached River Treaty; Botnia to Continue Operating for “No Pollution Detected”-21 April 2010

Reuters-World Court Rules Uruguay Can Use Paper Mill-April 20 2010

UN News Center-Uruguayan Mill Can Operate Despite, UN World Court Rules -20 April 2010