THE USE OF THE WATERS OF INTERNATIONAL RIVERS
AbstractThe ramifications of the use of river waters by one state may be very far-reaching, yet there are practically no cases decided by international tribunals. Clyde Eagleton mines the cases and treaties to examine how developments in Canadian-American relations concerning common waters fit the following principles: 1) sovereignty is not unlimited; 2) there is a doctrine of “equitable apportionment”; 3) compensation or indemnity is in order; 4) agreement is prerequisite; 5) use is governed by priority; 6) pollution must be controlled; 7) administrative machinery for control is essential; and 8) a unified river administration system is required. The potentialities of water systems along the Canada-U.S. border are enormous and, if handled properly, could add greatly to the productiveness and prosperity of both countries.
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