MercoPress. South Atlantic News Agency

Botnia dispute in The Hague: first round of hearings begins

The Botnia plant is already producing a million tons of pulp annually

Argentina begins Monday a round of public hearings before the International Court of The Hague and will be arguing against Uruguay’s alleged unilateral decision to allow the construction of a pulp mill on a jointly managed river and which has been at the heart of a long standing litigation between the neighbouring countries.

The four-hour daily hearings will last until Thursday and the following week, beginning September 21st will be Uruguay’s turn. The second round of hearings is scheduled to begin September 28th and last until October 2nd.

A final ruling from the International Court can be expected in six months time.

During the two weeks both sides will be presenting witnesses, reports, academics and experts statements, press cuttings in support of their positions.

Argentina decided to take the dispute to The Hague in May 2006, arguing that Uruguay ignored the River Uruguay treaty, dating back to 1975 and which set outs conditions for the joint management of the water course, when it authorized the construction of a pulp mill on its side of the river which acts as a natural border.

According to Argentina, Uruguay did not submit the decision referred to the Botnia pulp mill to the information and consultation mechanisms contemplated in the treaty particularly when there are serious risks of contaminating the protected areas.

According to the Buenos Aires press, Argentina is expected to argue that there have been serious and recurrent pollution incidents among which “nauseous odours” which impacted Argentine residents close to the plant; “oily spills” in the river never seem before and an unprecedented proliferation of algae in the river’s waters.

Moreover Argentina will supply evidence of “explosions caused by accidents” at the plant, “episodes ever more so common during the last summer months”.

Argentina’s Environment Office has been collecting data on the air, water, flora and fauna of the area for the last two years, and the results were included in “three hefty volumes” presented to the International Court between last June 30 and July 15, before the end of the period (July 29) for the presentation of written evidence.

Originally there were plans for the building of two pulp mills in the Fray Bentos area, Finland’s Botnia which has been completed and is in full production and one from Spain’s Ence, but under strong Argentine pressure the Spaniards backed down and decided to relocate the plant 200 kilometres south along the Rive Plate coast.

Both sides requested from The Hague “non innovation” measures but were turned down. Argentina wanted the Botnia works to be suspended until the end of the case and Uruguay demanded that Buenos Aires put an end to pickets, protesting against Botnia, which were blocking international bridges leading to Uruguay, hampering trade and tourism.

However there’s a growing feeling of frustration from diplomats on both sides of the conflict (whatever the final ruling), mainly because two neighbour countries, with long standing excellent relations and no major or serious disputes other than in soccer, have been unable to settle the dispute, and have had to appeal to the international court.

The International Court of The Hague suggested bilateral dialogue before the case was formally presented.