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Max Planck Encyclopedia of Public International Law [MPEPIL]

Trail Smelter Arbitration

Russell A Miller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 30 May 2020

Subject(s):
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...
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