The Case of Pulp Factories in Uruguay River: the Analysis From International Environmental Law

Abstract

Against a backdrop of disasters and ecological damage arising from industrial development, arises in the XX century, the International Environmental Law. There is a historical line of events that influenced their systematization, especially the Conferences on Environment (with emphasis on Stockholm (1972)). Thus, the International Environmental Law is configured as a set of rules (soft and hard law) that support the decisions of disputes brought to the attention of the international tribunals. This is the case of Pulp Mills on the Uruguay River (20062010), in whose decision is discussed, among other principles and International Environmental Law rules, the Environmental Impact Assessment, sustainable development, ecological balance, prevention, precaution etc. However, despite these discussions, the judgment of the Court did not condemn Uruguay for the breach of substantial obligations, failing to advance in its activities in favor of the environment. In this sense, this research, through the inductive method, analyzes, based on international environmental law, the case of the Pulp Mills on the Uruguay River.