Harrison, James --- "The Role of International Conventions in Solving Transboundary Pollution Disputes" [2008] ELECD 344; in Faure, Michael; Ying, Song (eds), "China and International Environmental Liability" (Edward Elgar Publishing, 2008)

Book Title: China and International Environmental Liability

Editor(s): Faure, Michael; Ying, Song

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207524

Section: Chapter 3

Section Title: The Role of International Conventions in Solving Transboundary Pollution Disputes

Author(s): Harrison, James

Number of pages: 26

Extract:

3. The role of international
conventions in solving
transboundary pollution disputes
James Harrison1

1 INTRODUCTION

The Case Concerning the Pulp Mills on the River Uruguay is the latest
dispute to come before the International Court of Justice (ICJ) which raises
issues of environmental protection and transboundary pollution.2 The case
involves the construction of pulp mills in Uruguay which Argentina alleges
will have negative effects for the environment and the ecosystem of the
River Uruguay. Through authorizing the pulp mills, Argentina claims that
Uruguay has violated its procedural and substantive obligations under the
1975 Statute on the River Uruguay.3 It is this treaty that forms the basis of
the Argentine application to the ICJ.
On the face of it, the dispute concerns a single bilateral treaty between
Argentina and Uruguay. However, the wider framework of international
environmental law is also relevant to the settlement of the dispute. This
analysis will consider the various ways in which other international instru-
ments may be used to interpret and apply the 1975 Statute.
In addition, the dispute illustrates potential problems caused by the well-
known phenomenon of the fragmentation of international law. This analy-
sis will therefore also consider the multi-faceted nature of the dispute,


1 Thanks to Professor Alan Boyle, Professor Toru Iwama and Jill Robbie for

constructive comments on a previous draft of this chapter. Any mistakes are, of
course, attributable to the author.
2 Other cases which touched on environmental protection include the Icelandic

Fisheries Cases (1974) ICJ ...