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<br />000383 <br /> <br />DRAFT-Not for distribution <br /> <br />(k) Additional specific measures are taken to prevent the pollution of ground waters; <br />(1) The risk of accidental pollution is minimized. <br /> <br />2. To this end, each Party shall set emission limits for discharges from point sources into <br />surface waters based on the best available technology, which are specifically applicable <br />to individual industrial sectors or industries from which hazardous substances derive. The <br />appropriate measures mentioned in paragraph 1 of this article to prevent, control and <br />reduce the input of hazardous substances from point and diffuse sources into waters, may, <br />inter alia, include total or partial prohibition ofthe production or use of such substances. <br />Existing lists of such industrial sectors or industries and of such hazardous substances in <br />international conventions or regulations, which are applicable in the area covered by this <br />Convention, shall be taken into account. Article III. Document: I.L.M. 1392 (1992), <br />http://www.unece.org/env/water/topfral.htm. (U.S. is not a signatory.) <br /> <br />146 U.N. General Assembly, May 1997, Article 7 provides that: <br /> <br />1. Watercourse States shall, in utilizing an international watercourse in their <br />territories, take.all appropriate measures to prevent the causing of significant harm to <br />other watercourse States. <br />2. Where significant harm nevertheless is caused to another watercourse State, the <br />States whose use causes such harm shall, in the absence of agreement to such use, take all <br />appropriate measures, having due regard for the provisions of articles 5 and 6, in <br />consultation with the affected State, to eliminate or mitigate such harm and, where <br />appropriate, to discuss the question of compensation. <br /> <br />147 July, 1997. Agencies must include analysis of reasonably foreseeable transboundary effects <br />of proposed actions in their analysis of proposed actions in the United States. <br /> <br />148 North American Agreement on Environmental Cooperation, Entered into force, September <br />13, 1999, Canada-Mexico-United States, 32 LL.M. 1480., See also, Executive Order 12915 <br />U.S.C.C.A.N. (108 Stat.) B42. <br /> <br />149 It has been argued that the international law of pollution and the international law of water <br />courses stand apart. See, Upadhye, supra, n. 116 <br /> <br />150 First reference to the precautionary principle in legislation is found in 1976 German law: <br />"Environmental policy is not fully accomplished by warning of imminent hazards and the <br />elimination of damage which occurred. Precautionary environmental policy requires furthermore <br />that natural resources are protected and demands on them are made with care." <br /> <br />"51 Declaration of the First International Conference on the Protection of the North Sea at <br />Bremen, 1984. Paragraph C 9: "If the state of knowledge is insufficient, a strict limitation of <br />emissions of pollutants at source should be imposed for safety reasons." <br /> <br />152 Second International Conference on the Protection of the North Sea at London, 1987, <br />Paragraph VII: "Accepting that, in order to protect the North Sea from possible damaging effects <br /> <br />42 <br />