Is there a corpus juris aquarum ambientalis applicable to the conflict between Argentina and uruguay about “the pastera”*** installed in fray bentos****?

Abstract

This article describes some of the final results of the theoretical and practical research conducted by the author under the Project UBACYT D-018, implemented during 2004-2008 and accredited by the University of Buenos Aires. The search was called “Environmental synergies between inland water and sea. From prevention to responsibility and from the customary norms to substantive law (with special reference to South America and MERCOSUR)”.

The article aims to demonstrate that the coastal States of Cuenca del Plata,***** through practices and regulations from the international and customary law, have consolidated a regulatory system which strength and consistency allow to sustain that there is a corpus juris aquarum ambientalis that can be apply to the sustainable use of water management.

Therefore, that Corpus would apply not only to the entire river complex as a management unit, but to each of its tributary rivers, including the Uruguay River, on which eastern margin was located a factory that produces raw material for paper based on cellulose and whose location and activity led to the beginning of the conflict between Argentina and Uruguay, one that is currently issue before the International Court of Justice in The Hague.