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<br />
<br />THE AMElUCAN JOURNAL OF INTERNATIONAL LAW
<br />
<br />[Vol. 53
<br />
<br />agreement or adjudication or by a eombination of the two. '2 They are in
<br />harmony with the formulations of learned societies working in this field
<br />and the conclusions of the United States Department of State."
<br />The decisions at the international level are too few to have caught up
<br />with the wealth .of precedents in the practices of riparian states revealed
<br />not only in their actions and in the official pronouncements of their repre-
<br />sentatives, but also in the pattern developed in hundreds of water treaties,
<br />The decisions being few, it seems appropriate to review in some detail
<br />those principles which the Lake Lanoux Tribrtnal recognized in its opinion,
<br />Significantly, the Tribunal refrained from academic distinctions be-,
<br />tween the principles that are fully recognized as constituting existing in-
<br />ternationallaw, those that are coming into recognition, and those that are
<br />still aborning. The disputant states eschewed the same distinctions.
<br />Many were nevertheless recognized by them in' negotiations over Lake
<br />Lanoux and in the briefs ,before the TribunaL" These principles were
<br />
<br />82 A bibliogr~phy on the legal aspects of the non-navigational uses of international
<br />rivers appears in Principles. . . American" Committee 109-129, op. oit.- note 21 above.
<br />The compreh~n8ive works on the law governing the uses of international rivers in-
<br />clude: Smith, The Economic Uses of International Rivers (1931); Andrassy, tiLes rela-
<br />tiODS internationales de voisinage,' J in 79 Hague Academy Recueil des Cours - 77-182
<br />(1951, II); Sovette, Legal Aspects of Hydro-Electric Development of Rivers and Lakes
<br />of Common Interests (U.N, Doe. E/EOE/136, Geneva, 1952 i this work will be cited
<br />as ECE Report); Berber, Die RechtsquelIen des Internationalen Wassernutzungsrechts
<br />(Munich, 1955); Hartig, Internationale Wasserwirtschaft und Internationale.s Recht
<br />(Vienna, 1955); Principles of Law Governing the Uses of International Rivera-Reso-
<br />lution Adopted by the International Law Association at its Conference Held in August,
<br />1956, at DubroVnik, Yugoslavia, together with Reports and Commentaries Submitted
<br />to the Association (Wa,hington, D.C., 1957, Lib. Congo Cat. Card No, 57-10830; bere-
<br />after cited as "Principles. . . Dubrovnik"); Andrassy, Utilisa~on des eaux interna-
<br />tionales non-maritimes (en dehors de ]a navigation)" (Institut de Droit International,
<br />Geneva, 1957); Principles of Law Governing the Uses of International Rivers and
<br />Lakes-Resolution Adopted by the Inter~American Bar Association at its Tenth Con-
<br />ference Held in November, 1957, at Buenos Aires, Argentina, together with Papers
<br />Submitted to the Association (Washington, D.C., 1958; Lib. Congo Cat. Card No.
<br />58-12112; hereafter cited as "Principles. . . Buenos Aires"); Dept. of State Memo-
<br />randum, op. cU. note 20 above.
<br />.ss A summary 'of the work of international bodies in the :field of international river
<br />law, together with the texts of declarations, resolutiolls and conventions appears in Ap~
<br />pendix A of Principles . . . American Committee (op. cit. note 21 above) at 53 et aeq.
<br />81 France and Spain devoted substantial parts of their briefs to an analysis of their
<br />rights as co"riparians apart from the obligations arising from treaties. Their adherence
<br />to a substantive rule of reason stands out despite their basic divergence over the neces-
<br />sity of prior agreement under the circumstances of the case. The French Memoire,
<br />in a chapter entitled "La Droit des Hens," at pp. 58-66, begins its analysis of eus~
<br />tomary international law by stating that the proposed diversion is in conformity with
<br />the principles of international law apart from treaty, and remarks that a consideration
<br />of international custom is n9t superfluous for the purposes of the ease. In _ order, to
<br />identify the prinCiples of existing customary international river law, the Memoire con-
<br />siders, article by article, the pertinent provisions of the Declaration of Madrid of 1911
<br />of the Institut de Droit International (see text in 24 Annuaire de I'Institut de Droit
<br />Intsrnational 365 (1911) and in Principles. . . Ameriean Conunittee, op. cit. note 21
<br />above, at 54), and comments after each principle that tne French project conforms
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