Earticle

초록

영어

On April 20, 2010, the International Court of Justice rendered its judgment on the Case Concerning Pulp Mills on the River Uruguay between Argentina and Uruguay.
The dispute before the Court was submitted in connection with Uruguay's planned construction of one pulp mill and the construction and commissioning of another mill on the River Uruguay.
The legal framework for this case is the bilateral treaty between Argentina and Uruguay for the purposes of delimitating the boundary in the River Uruguay, which, in turn, contemplated a "regime for the use of river."
This regime was established through the 1975 Statute signed between Argentina and Uruguay to accomplish the optimum and rational utilization of the River Uruguay. The Court noted that the claims made by Argentina in its application concerns the alleged breach by Uruguay of both procedural and substantive obligations and determined that while those two obligations are functionally the linked, those two obligations can be separately reviewed according to their specific content.
As far as the procedural obligations are concerned, the Court pointed out the essential role and functions of the Administrative Commission of the River Uruguay and reached the conclusion that Uruguay failed to properly notify the planned activity on the River Uruguay to the Commission as well to Argentina, thereby failing to comply with the procedural obligation under the 1975 Statute.
With regard to the substantial obligation, the Court concluded that Uruguay has not breached its substantive obligations as most evidence submitted before the Court did not substantiate the claims made by Argentina.

목차

국문초록
 I. 서론
 II. 환경보호에 관한 국가의 협력의무
 Ⅲ. 국제환경법상 국가의 환경보호의무
  1. 주의의무 및 사전예방의 원칙
  2. 환경과 관련된 국제책임
 Ⅳ. ICJ의 Pulp Mill Case: 사실관계 및 법적 쟁점
 Ⅴ. Pulp Mill 사건: ICJ의 관할권 문제
 Ⅵ. Pulp Case: 판결내용 및 주문
  1. 절차적 의무와 실질적 의무의 관계
  2. 절차적 의무의 위반여부
  3. 절차적 의무의 면제
  4. 실질적 의무 위반 여부
 VII. 결론
 참고문헌
 

키워드

저자

• 이세련 [ Lee, Se-Ryon ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340