Case Digest: Trail Smelter Arbitration US v. Canada (1938-41)

 Public International Law | The Territoriality Principle

Facts: 

  • United States and Canada argues over fumes discharged by the Trail smelter in British Columbia causing damage in the State of Washington.
  • The governments mutually decided to create a convention and establish a tribunal to resolve the issue.
  • The Tribunal is tasked with deciding questions related to the damage caused, future prevention measures, compensation, and the responsibility of Canada in addressing the issue.
Issue:
  • Whether the Trail Smelter caused damage in Washington State, the amount of indemnity, and the extent of measures needed to prevent future damage.
Ruling:
  • In conclusion, the Tribunal answers Question 1 in Article III, as follows: Damage caused by the Trail Smelter in the State of Washington has occurred since the first day of January, 1932, and up to October 1,1937, and the indemnity to be paid therefor is seventy-eight thousand dollars ($78,000), and is to be complete and final indemnity and compensation for all damage which occurred between such dates. ... 
  • As Professor Eagleton puts it Responsibility of States in International Law, 1928, p. 80: “A State owes at all times a duty to protect other States against injurious acts by individuals from within its jurisdiction.” A great number of such general pronouncements by leading authorities concerning the duty of a State to respect other States and their territory have been presented to the Tribunal.... [T]his principle, as such, has not been questioned by Canada. But the real difficulty often arises rather when it comes to determine what... is deemed to constitute an injurious act.
  • Considering the circumstances of the case, the Tribunal holds that the Dominion of Canada is responsible in international law for the conduct of the Trail Smelter.... It is, therefore, the duty of the government of the Dominion of Canada to see to it that this conduct should be in conformity with the obligation of the Dominion under international law as herein determined. 
  • So long as the present conditions in the Columbia River Valley prevail, the Trail Smelter shall be required to refrain from causing any damage through fumes in the State of Washington;..
Conclusion:
  • Canada is deemed responsible in international law for the Trail Smelter's actions, affirming the obligation of the Dominion to ensure compliance with international law regarding the smelter's conduct.
  • The Tribunal directs that, as long as present conditions persist in the Columbia River Valley, the Trail Smelter must refrain from causing any further damage through fumes in Washington State.

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