[PDF] Trail smelter case (USA Canada)





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Trail smelter case (USA Canada)

AWARD: April 16 1938



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REPORTS OF INTERNATIONAL

ARBITRAL AWARDS

RECUEIL DES SENTENCESARBITRALES

Trail smelter case (United States, Canada)

16 April 1938 and 11 March 1941

III pp. 1905-1982VOLUME

NATIONS UNIES - UNITED NATIONS

Copyright (c) 2006

LX. TRAI L

SMELTE

R CAS E K

PARTIES

Unite d State s o f

America

Canada

SPECIA

L

AGREEMENT

Conventio

n o f

Ottawa

Apri l 15 1935

.ARBITRATORS: Charles Warren (U.S.A.), Robert A. E. Green-shields (Canada), Jan Frans Hostie (Belgium).

AWARD Apri l 16 1938
an d Marc h 11 1941

.Canadian company. - Smelter operated in Canada. - Fumes. - Damagescaused on United States territory. - Recourse to arbitration. - Date ofdamages. - Evidence. - Cause. - Effect. - Indirect an

d remot e damage.

- Violation of Sovereignty. - Interpretation of Special Agreement as toscope. - Preliminary correspondence. - Interest. - Future régime applic-able. - Appointment of technical consultants. - Law

applicable. - Nationa

llaw. - Matters of procedure. - Convention, Article IV. - Reference toAmerican law. - Provisional decision. - Certain questions finally settled. - Res judicata. - Error in law. - Admissibility of revision. - Power

s o f tribunal

. - Discovery of new facts. - Denial. - Costs of investigation. - Claim forindemnity. - Such costs no part of damage. - Claim for request to stop the

nuisance. - La w applicable. - Coincidenc e o f nationa l an d internationa

llaws. - Responsibility of States. - Air and water pollution. - Protection ofsovereignty. - Institution of régime to prevent future damages. - Indemnit

yor compensation on account of decision or decisions rendered. 1 Fo r bibliography inde x an d tables se e en d o f thi s volume 1907

Specia

l agreement

CONVENTIO

N FO R

SETTLEMEN

T O F

DIFFICULTIE

S

ARISIN

G FRO M

OPERATION

O F

SMELTE

R A T TRAIL B.C 1

Signed

at

Ottawa,

April 15, 1935;
ratifications exchanged Aug. 3, 1935
Th e

Presiden

t o f th e Unite d State s o f

America

an d Hi s

Majest

y th e Kin

gof Great Britain, Ireland and the British dominions beyond the Seas,Emperor of India, in respect of the Dominion of Canada,Considering that the Government of the United States has complained tothe Government of Canada that fumes discharged from the smelter of theConsolidated Mining and Smelting Company at Trail, British Columbia,have been causing damage in the State of Washington, andConsidering further that the International Joint Commission, establishedpursuant to the Boundary Waters Treaty of 1909, investigated problems arisingfrom the operation of the smelter at Trail and rendered a report andrecommendations thereon, dated February 28, 1931, andRecognizing the desirability and necessity of effecting a permanent settle-ment,Have decided to conclude a convention for the purposes aforesaid, and tothat end have named as their respective plenipotentiaries:

Th e

Presiden

t o f th e Unite d State s o f

Americ

a

:PIERRE DE L. BOAL, Chargé d'Affaires ad interim of the United Statesof America at Ottawa;His Majesty the King of Great Britain, Ireland and the British dominionsbeyond the Seas, Emperor of India, for the Dominion of Canada :The Right Honorable RICHARD BEDFORD BENNETT, Prime Minister,President of the Privy Council and Secretary of State for ExternalAffairs ;

Who afte r havin g communicate d t o eac h othe r thei r ful l powers foun din good and due form, have agreed upon the following Articles :

ARTICL

E I Th e

Governmen

t o f Canad a wil l caus e t o b e pai d t o th e

Secretar

y o f Stat

eof the United States, to be deposited in the United States Treasury, withinthree months after ratifications of this convention have been exchanged, thesum of three hundred and fifty thousand dollars, United States currency, inpayment of all damage which occurred in the United States, prior to the firstday of January, 1932, as a result of the operation of the Trail Smelter.

ARTICL

E II Th e

Government

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