LEGAL REGIME OF THE RIO DE LA PLATA

Authors
Citation
Ldc. Laborde, LEGAL REGIME OF THE RIO DE LA PLATA, Natural resources journal, 36(2), 1996, pp. 251-295
Citations number
53
Categorie Soggetti
Law,"Environmental Studies
Journal title
ISSN journal
00280739
Volume
36
Issue
2
Year of publication
1996
Part
1
Pages
251 - 295
Database
ISI
SICI code
0028-0739(1996)36:2<251:LROTRD>2.0.ZU;2-F
Abstract
This article describes the present legal regime applicable to the Rio de la Plata, the wide river shared by Argentina and Uruguay. The Plata , which drains an extensive basin covering much of Argentina, Uruguay, Paraguay, Bolivia and southern Brazil, is an important gateway for tr ade with the interior of the South American continent. The article dis cusses some of the issues surrounding the exact nature of this body of water and the consequences and present status of the question under i nternational law. The article traces some of the geo-political interes ts which have historically shaped the diplomatic and legal practices o f the riparian states, Argentina and Uruguay, up to the signing of the 1973 Treaty creating a special regime for the Rio de la Plata. This c omprehensive agreement, the Treaty of the Rio de la Plata and its corr esponding Maritime Boundary, lays the framework for regulating most hu man activities taking place in the river, in addition to resolving the thorny questions arising from the exercise of each State's respective jurisdiction. The respective powers of the riparians are analyzed for each of the different areas and zones into which the river is apporti oned, as well as the attributions which may be exercised by either Sta te in the zones of exclusive jurisdiction and in the so called common zone. Issues such as pollution prevention, pilotage, scientific resear ch, fishing, navigation, works and rescue operations are comprehensive ly described. The article concludes by portraying recent developments concerning the upgrading and modernization of the Plata's infrastructu re for navigational purposes in the context of the regional trend towa rd privatization and deregulation.