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Last modified
1/26/2010 2:49:30 PM
Creation date
10/12/2006 3:14:47 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8271.300
Description
Colorado River Basin Salinity Control Program - General Information and Publications-Reports
Basin
Colorado Mainstem
Water Division
5
Date
1/1/1959
Title
The Role of Adjudication in International River Disputes - The Lake Lanoux Case
Water Supply Pro - Doc Type
Report/Study
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<br />1959] <br /> <br />ADJUDICATION IN INTERNATIONAL RIVER DISPUTES <br /> <br />37 <br /> <br /> <br />I\:) <br />0_) <br />...~ <br />'''"''' <br /> <br />of its objection tested by third-party determination, The rule of law <br />as formulated by the State Department and by the American Branch <br />Committee of the International Law Association protects the proposing <br />riparian from a stalemate that in effect would amount to a veto. This <br />r6Ie of arbitration provides a means of protecting each side from the un- <br />fortunate consequences of acts justified only by unilateral decision. <br /> <br />.. .. .. <br /> <br />Let us now turn to the even greater r6le that can be played by a com- , <br />mitment given by each side to resort to third-party determination, A <br />commitment to submit to adjudication may prevent stalemates and pro- <br />mote a more constructive solution by inducing restraint and reasonableness <br />on both sides'" This is beautifully illustrated in the Lake Lanoux Case. <br />The question submitted in the case of Lake Lanoux was, it will be recalled, <br />a relatively simple one. The dispute in its earlier stages was anything but <br />simple. But on July 10, 1929, twelve years after the beginning of the <br />dispute, France and Spain signed a general arbitration treaty under <br />which they agreed to submit all unresolved disputes either to arbitration or <br />to adjudication by the World Court. As will be seen, the recognition of <br />this obligation, together with the realization that new uses coming later <br />into being might induce an impartial tribunal to award less than could <br />be won by mutual accommodation, undoubtedly encouraged the successive <br />coneessions that were made, until the only issue that remained was, as has <br />been seen, a very simple one. ' <br />Lake Lanoux lies wholly within French territory and is fed entirely <br />by streams rising in France. It empties naturally through a tributary of <br />the Carol which crosses into Spain and empties into the Segre River. <br />Since 1917, France and Spain had been unable to come to terms on the <br />question of the right of France to proceed with the utilization of the waters <br />of Lake Lanoux under several plans advanced over the years. France <br />contemplated using the Lanoux as a reservoir and then diverting its <br />waters to the basin of the Ariege, a wholly French river, where it could <br />profit by a precipitous drop for the production of electric energy'" <br /> <br />22 lilt is important, too, to bear in mind tha~ the mere fact that a court is open for <br />dealing with disputes and that the parties may be compelled to appear before it is often <br />enough to spur parties into settling their differences amicably out of court. This <br />might well be the C8Jl6 in Bome international disputes as wen as in eases of a private <br />nature." ((International Order Under Law," address by William P. Rogers, Attorney <br />General of the United State., prepared for delivery at the Forty-Eighth Biennial <br />Conference of the International Law -Association, New York University Law Center, <br />New York, N. Y., Sept. 2, 1968; Mimeographed Release of the Department of Justice, <br />p.9 (1958); 39 Dept. of State Bulletin 536 at 539 (1958). <br />23 According to the French M6moire, Lake Lanoux, one of the largest Pyrenean <br />lakes, lies at an alt-itude of approximately 2,174 meters, is about three kilometers in <br />length and 600 meters in width, and has a surface of 86 hectares. Its depth is at <br />some points as great as 63 meters. The volume of water it collects naturally is about <br />17 million cubic meters. The planned construction of a barrage of the height of 45 <br />meters would turn Lake Lanoux into a reservoir capable of storing approximately 70 <br />million cubic meters of water. The water would be channeled through a tunnel toward <br />
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