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Last modified
1/26/2010 2:54:06 PM
Creation date
10/12/2006 3:40:02 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8278.400
Description
Title I - Mexican Treaty
Basin
Colorado Mainstem
Date
5/10/1962
Author
CWCB - D. Hamburg
Title
Mexican Water Treaty Negotiations Pertaining to the Colorado River
Water Supply Pro - Doc Type
Publication
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<br />.' <br /> <br />"That the special agreement in each case shall be made <br />only by the President, and then only by and with the <br />advice and consent of the Senate, provided two-thirds of <br />the Senators present concur." <br /> <br />Articles 5 and 6 are procedural matters. Article 7 <br />states that the award of the court settles the dispute definitely <br />and without appeal and any differences which may arise as to the <br />award of the court will be again submitted to a decision of the <br />court. <br /> <br />Article 8 provides that reservations made by one Party <br />shall have the effect that the other Barties are not bound with <br />respect to the Party making the reservations except to the same <br />extent as that expressed in such reservations. <br /> <br />Article 9 provides that the Treaty remains in force <br />indefinitely but it may be denounced by a Party by providing one <br />year's notice and at the expiration of that year, it shall cease <br />to be in force against the Party denouncing the same, but shall <br />remain in force as regards to the other signatories. <br /> <br />At the time of the ratification of the Treaty by Mexico, <br />that nation made the following reservation: <br /> <br />"Mexico makes a reservation that differences which fall <br />under the jurisdiction of the courts shall not form a <br />subject of the procedures provided for by the convention, <br />except in case of denial of justice, and until after the <br />judgment passed by the competent national authority has <br />been placed in the class of res iudicata." (Emphasis supplied). <br /> <br />This reservation, as provided for in Article 8, applies to the <br />united States as well as Mexico in regard to all matters involving <br />the applicability of this Treaty to those two nations. <br /> <br />ARGUMENTS RAISED ON APPLICATION OF ARBITRATION TREATY TO <br />MEXICAN TREATY <br /> <br />Those opposing the ratification of the Mexican Treaty <br />set forth certain contentions to sustain their argument that the <br />united States need not fear the loss of Colorado River water if <br />Mexico appeals for arbitration under the 1929 Treaty. Since those <br />arguments and the answers to the same are as applicable to this <br />dispute as they were to the proposed Treaty, they are set forth <br />as follows: <br /> <br />-15- <br />
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