The Role Of International Courts In Resolving Disputes Over Shared River Resources: Analyzing The Rulings In The Pulp Mills Case Between Argentina And Uruguay

Gyanendra Akrisht Tripathi, School of Law, CHRIST (Deemed to be University) Lavasa Campus

Ritesh Rai, School of Law, CHRIST (Deemed to be University) Lavasa Campus

ABSTRACT

The Pulp Mills Case between Argentina and Uruguay has made a significant contribution to international law on shared international water resources and international law on environment. The judgement of the international court of justice in this case has clarified the relationship between substantive and procedural rules on environment law and related bilateral treaties. The court emphasised on inter-state notification of new project and due diligence obligation to prevent significant transboundary harm according to customary international law. The Court further concluded that environmental impact assessment (EIA) is a rule of customary international law mandatory for the activities which may cause transboundary effects. And most importantly, the judgment ruled that the duty to notify, as well as the associated duty to conduct an EIA considering the transboundary impact, fall under customary international law and thus, all states are the subjects to this obligation. The Court has been further opined in reference to the shared international water resources, that principle of equality and equitable utilization are fundamental conditions for the balancing of benefits among the parties involved. It is the virtue of sustainable development and a general rule of international water law. Equitable utilization is more of a process rather than a normatively rule and therefore it must be understood as a process rather than a fixed rule of conduct. The international court of justice has addressed a widespread confusion about nature of international law on water and disposal of disputes arising out of shared water resources in environmental diplomacy.

Keywords: International water law, procedural rules, notification, transboundary environmental impact assessment, equitable and reasonable utilisation, sustainable development