TY - JOUR ID - 56441 TI - Legal dispute about environmental issues between Argentina and Uruguay (2010); clarifying some aspects and matters JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Mousavi, Seyyed Fazllolah AU - Mousavifar, Seyyed Hossein AD - Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran AD - PhD Candidate in International Law, University of Tehran, Iran Y1 - 2016 PY - 2016 VL - 45 IS - 4 SP - 589 EP - 608 KW - burden of proof KW - jurisdiction of ICJ KW - Principles of International Environmental Law KW - procedural obligations KW - substantial obligations DO - 10.22059/jplsq.2016.56441 N2 - After trying some legal and political choices in order to settle the disputes with Uruguay about the treaty of 1975 Uruguay River statute, Argentina proceed against Uruguay before the ICJ. The allegations based on the procedural and substantial matters violations, set forth in the statute, and violation against some international environmental law principals which all of them related to potential risks arising from launching two paper mill located near the border river. After the time that the ICJ recognized its jurisdiction and initiating the trial and considering the petition, defenses and the evidences, finally, on 20th of March 2010, issued its second environmental judgment after the case of 1977, the dispute between Hungary and Slovakia. The court has mentioned many important matters of customary rules of international environmental law and some of its subjects such as prevention principals, environmental assessment and prevention of harmful activities. In this judgment, the court did not properly adjudge Uruguay’s violations of substantive obligation and adjudge Uruguay just for violations of procedural rules. UR - https://jplsq.ut.ac.ir/article_56441.html L1 - https://jplsq.ut.ac.ir/article_56441_8b716b242c098c621bcd050df3edace9.pdf ER -