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<br />1959] <br /> <br />ADJUDICATION TN INTERNATIONAlJ RIVER DrSPUTES <br /> <br />49 <br /> <br /> <br />N <br />eo,,) <br />~1'1 <br />OJ <br /> <br />with the proper protection of the interests of a co-riparian. It should be <br />borne in mind that the Tribunal, in finding that Spanish interests would <br />not be adversely affected by the proposed French project, noted that only <br />one fourth of the supplies of the waters crossing the border would be <br />affected by the project, that the waters to be withdrawn from the basin <br />were to be replaced in toto, and that the co-riparian would have the right <br />to have agents with consular privileges present at all times to assure, that <br />the replacement equaled the withdrawal. It should also be kept in mind <br />that the Tribunal further noted the absence of any charge that the quality <br />or the temperature of the supplies to be substituted would be unsatis- <br />factory. Had the Spanish Government shown that the quality or tempera- <br />ture of the water would be unsatisfactory, the Tribunal observed, Spanish <br />consent to the change might have been required." <br /> <br />" .. " <br /> <br />At a time when the forces of law and order need ever increasing recog- <br />nition in the international arena, the notion that states willing to submit <br />international river disputes to adjudication are ill advised has a strange <br />ring indeed. For those who are bent on promoting the rule of law in <br />international relations, the cry of inadequacy of courts in this field betrays <br />a nostalgia for a fast-fading conception of international law in which <br />naked power holds greater sway than recognized principles of justice. <br />The constructive role of adjudieation of interstate disputes in promoting <br />agreement cannot reasonably be denied. The obligation to respond be- <br />fore an impartial court has induced agreement by promoting reasonable- <br />ness in an area of state relations involving interests which are no less vital <br />to one riparian state than to another. The analogy for nations is com- <br />plete. Claims stubbornly maintained by a riparian nation unwilling to <br />test them before an impartial tribunal are the cause of frustrations and <br />delays. So long as a riparian proposing a change or one opposing the <br />change is unwilling to subject the validity of its position to third-party <br />determinations the soundness of its position is suspect. <br />In a broader community perspective, the principles of procedure and <br />substance weighed and applied by impartial tribunals, called upon to decide <br />live controversies, offer promising aids for the solution by agreement of <br />other water disputes. This contribution of adjudication is far from im- <br />ponderable or insignificant. It has already shown its vitality within <br />federated countries where a great number of compacts have been fashioned <br />upon principles forged by judicial decisions. It will be increasingly felt <br />and appreciated at the international level as the example set by France <br />and Spain is followed generally. <br /> <br />"Ibid. at 38; <br /> <br />'>~' <br /> <br />,',,' <br /> <br />. ,':;"-::' <br /> <br />> <br /> <br />.1;-'" <br /> <br />'.', <br />