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Separate Opinion of Judge A.A. Cançado Trindade in the Case of the Pulp Mills (Argentina versus Uruguay, Judgment of 20.04.2010)

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Chapter Summary

This chapter discusses the Court's majority in the decision which it has just taken in the Pulp Mills case (Argentina v. Uruguay). There are always distinct ways to develop a legal reasoning and to dwell to a greater extent on legal principles than on chemical substances in the present case. The applicable law in the present case of the Pulp Mills is not only the 1975 Statute of the River Uruguay, but the Statute together with the relevant general principles of law, encompassing the principles of International Environmental Law. These latter are, notably, the principles of prevention, of precaution, and of sustainable development with its temporal dimension, together with the long-term temporal dimension underlying inter-generational equity. The Hague Court, also known as the World Court, is not simply the International Court of Law, it is the International Court of Justice, and, as such, it cannot overlook principles.

Keywords: Argentina; Hague court; International Environmental Law; legal principles; Pulp Mills case

10.1163/9789004251038_054
/content/books/b9789004251038s054
dcterms_subject,pub_keyword
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