Trail Smelter Arbitration
Russell A Miller
- Responsibility of states — Pollution — Environmental disputes — Indigenous peoples — Arbitration — Mixed Claims Commissions — Judgments
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 The Trail Smelter Arbitration is generally associated with the ad hoc arbitration implemented by the governments of the US and Canada in 1935 to settle a dispute over air pollution emanating from a Canadian smelter—located in Trail, British Columbia—that harmed agricultural and timber interests across the border in the US, in Stevens County, Washington ( Air Pollution, Transboundary Aspects ) . That arbitration generated two decisions—1938 and 1941—in which the panel articulated or acted upon two principles that have come to be widely regarded as the locus...