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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: 20 June 2019

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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