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<br />. <br /> <br />t <br /> <br />. <br /> <br />'. <br /> <br />. <br /> <br />'Ou24l\O <br /> <br />alter nature in its own interests. Ultimately <br />the measur<lS taken beoame the subjeot of oross- <br />aotions before the German staatsgeriohtshof., each <br />party seeking an injuotion to restrain the <br />aotivities of the other.' Wurttemberg olaimed <br />that Baden was bound, not only to disoontinue <br />oertain works designed to inorease peroolation, <br />but also to undertake suoh measures of improve- <br />ment as were neoessary to prevent the inorease <br />due to natural oauses. ... Baden on her side <br />maintained that Wurttemberg was bound to disoon- <br />tinue oertain artifioial works the objeot of <br />whioh was to diminish or prevent suoh part of the <br />peroolation as took plaoe upon riurttembergterrUory. <br /> <br />. . . <br /> <br />". .. The Court laid down that the exeroise <br />of sovereign rights by each member of the inter- <br />national oommunity is limited by its duty not to <br />injure the interests of other members, and no <br />state may use the water in suoh a manner as to <br />oause material injury to another. On the other <br />hand, an attempt must be I!l/l.de to apportion or <br />measure the respeotive interests in an equitable <br />manner, balanoing the advantages gained by one <br />state against the injury, or possible injury, <br />oaused to another. This appears to be substan- <br />tially identioal with the dootrine laid down by <br />the United States Supreme Court; in the ease of <br />Kansas v. Col.rado. <br /> <br />". .. Baden was enjoined to abstain frem <br />artifioial works oaloulated to inorease the per- <br />oolation. and Wurttemberg from suoh works as were <br />oaloulated to reduoe it. Neither party was <br />deolared to be under a positive duty to take <br />aotive steps for the improvement of the wateroourse, <br />exoept in so far as Baden was direoted to prevent <br />the aoou."llulation of sand and flint along the shore <br />near Mohringen, whioh had the effeot of inoreasing <br />the natural peroolation." H. A. Smith, The Eoonomio <br />Uses of International Ri~rs (1931) 54-57. <br /> <br />In disoussing the question of general prinoiples governing the use of <br />international rivers, Professor Smith states, <br /> <br />"So far as t am aware, there are no striot- <br />ly international deoisi.ns touohing the problems <br />disoussed in this book. ... <br /> <br />... . . .. . . . . . <br /> <br />-12- <br />