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<br />000381 <br /> <br />DRAFT-Not for distribution <br /> <br />135 Preiss, supra, n. 74 (1999); Koe, Adriana, "Damming the Danube; The International Court of <br />Justice and the Gabcikovo-Nagymaros Project (Hungary v. Slovakia)," 20 Sydney Law Review <br />612,622 (December 1998). <br /> <br />136 (U.S. v. Can.) 1941, 11 Mar. 1941,3 R.I.A.A. 1905 (1949). <br /> <br />137 Treaty Between the United States and Great Britain Relating to Boundary Waters, and <br />Questions Arising Between the United States and Canada. <br /> <br />138 Mexican Water Treaty, Art. 17. "Each Government agrees to furnish the other Government, <br />as far in advance as practicable, any information it may have in regard to such extraordinary <br />discharges of water from reservoirs and flood flows on its own territory as may produce floods <br />on the territory of the other." <br /> <br />139 International Law Association, Helsinki Rules on the Uses of the Waters of International <br />Rivers, Report of the Fifty-Second Conference Held at Helsinki 477 (1967); <br />http://www.internationalwaterlaw.org/IntIDocs/HeIsinkiRules.htm. incorporated in; United <br />Nations Convention on the Law of Non-navigational Uses ofInternational Watercourses; <br />http://www.internationalwaterIaw.org/IntDocs/Watercourse_Conv.htm (U.S. not a signatory to <br />either document.) <br /> <br />"Consistent with the principle of equitable utilization of the waters of an international <br />drainage basin, a State; <br /> <br />(a) Must prevent any new form of water pollution or any increase in the degree of <br />existing water pollution in an international drainage basin which would cause substantial <br />injury in the territory of a co-basin State; <br />(b) Should take all reasonable measures to abate existing water pollution in an <br />international drainage basin to such an extent that no substantial damage is caused in the <br />territory of a co-basin State." [art.X] <br /> <br />140 June 16, 1972, Principle 21 provides that "States have, in accordance with the Charter ofthe <br />United Nations and the principles of Environmental law, the sovereign right to exploit their own <br />resources pursuant to their own environmental policies, and the responsibility to ensure that <br />activities within their jurisdiction or control do not cause damage to the environment of other <br />states or of areas beyond the limits of national jurisdiction." http://www.unep.orgIDocuments/ <br />Default.asp?DocumentID=97& ArticIeID=1503. (U.S. is not a signatory.) <br /> <br />141 1979, Article 2 provides that "The Contracting Parties, taking due account of the facts and <br />problems involved, are determined to protect man and his environment against air pollution and <br />shall endeavor to limit and, as far as possible, gradually reduce and prevent air pollution <br />including long-range transboundary air pollution." http://www.unece.org/env/lrtap/ <br />conv/lrtap_c.htm (U.S. is a signatory.) <br /> <br />142 U.N. Economic Commission for Europe, February 25, 1991, Article 2 (1) provides that "The <br />Parties shall, either individually or jointly, take all appropriate and effective measures to prevent, <br /> <br />40 <br />