The case concerning the pulp mills on the river Uruguay: Judgment of the International Court of Justice of 20 April 2010

Abstract

The Judgement on the merits in the case concerning the Pulp Mills on the River Uruguay focuses on the dilemma of sustainable development, opposing the requirements of the economic development of a State versus the rights of protection of human and environmental health of another State facing the risks of transboundary harm resulting from industrial activities that, in addition, affect a shared natural resource like an international water course used for aims other than navigation. Although it is true that this Judgement contains statements of great environmental importance, at the same time it generates preoccupation due to the proactive attitude adopted by the International Court of Justice related to the industrial projects that give rise to potential environmental risks, settling all the disputed points in the most favourable way to the State promoting its execution.