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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 />N <br />".) <br />." <br />00 <br /> <br />such a plan as will best protect the water users in the United States <br />and the States of the United States against Mexico's acquiring an ex- <br />panding use in the waters of Boulder Dam and the Colorado River f <br />The CHAIRMAN. Has not the State Department done that in this <br />treaty according to your view f 28 <br /> <br />There were strong forces in Mexico and the United States in favor of a <br />fair agreement, but there was also strong opposition by local interests. <br />This opposition was overcome by the demonstration that the United States <br />was obliged to arbitrate, and that an arbitral decision after Mexico might <br />have acquired further vested rights would lead to a result less to the liking <br />of the opposing local interests than the results under the treaty. The <br />commitment to arbitrate thus, by official admission, induced agreement.29 <br /> <br />.. .. .. <br /> <br />There is still another rOle played by adjudication. This is to provide <br />guideposts or precedents for the solution of later disputes by agreement. <br />The interstate cases that have been decided by the United States Supreme <br />Court have assisted negotiators in the resolution of twenty river disputes <br />by interstate compact. Even a cursory reading of these compacts shows <br />that agreement was reached through recognition of the principles laid <br />down in the litigated cases.80 By analogy these interstate adjudications <br />provide guideposts for the resolution of inter-nation disputes by nego- <br />tiated treaties or by adjudication leading to agreement. Tribute to their <br />value as precedents is given in the Sentence of the Lake Lanoux Arbitral <br />Tribunal. 81 The fact that the decisions of American and other federal <br />courts concern, disputes between member states of federations does not <br />impair the analogical value of the principles carved out in such decisions. <br />The fundamental policies to be weighed in passing on matters involving <br />water ,economics, and the types of factual problems involved are not dif- <br />ferent essentially in interstate and international disputes, The existence, <br />in the latter cases, of separate sovereignties, not subject to the compulsory <br />jurisdiction ofa higher authority, is no more than an obstacle to the growth <br />of international judicial precedents. It renders the analogy the more <br />apposite, <br />The Lake 'Lanoux Tribunal drew from these federal decisions, from <br />international adjudications and from the "practice" and "conviction" of <br />states to give the latest expression to certain juridical principles, These <br />principles will be of assistance in the solution of other river disputes by <br /> <br />.8 Ibid. at 1754-1755. <br />"Treaty on the Utilization of Waters .of the Colorado and Tijuana Rivers and of <br />the Rio Grande, 59 Stat. 1219 (1945). <br />80 American Compacts, Treaties, and Adjudications are collected in Documents on the- <br />Use and Control of the Waters of Interstate and International Streams (U. S. Depart- <br />ment of the Interior, Washington, 1956). Among foreign judicial decisions dealing <br />with the uses of 'waters of interstate or international rivers are the following: Wiirttem- <br />berg and Pranssen 11. Baden, 116 Entscheidungen des Reichsgeriehts in Zivilsachen, <br />Supplement, p. 18 (Deut8cher S,taatsgericht8hof, 1927), and Societe Energie Eleetriqu& <br />du Littoral Mediterran6en 1), Compagnia Imprese Elettriche Liguri, note 8 above. <br />81 Sentenoe at 40. <br /> <br />41 <br /> <br /> <br />"., <br />
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