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BACKGROUND: Canada was under British Rule when this case was filed.

Canada was declared as


independent state only in ______

International Joint Commission – conducts investigation and submits Report but merely
recommendatory and not in the nature of an arbitral award

It is constituted by Convention of January 11, 1909 between US and Great Britain. Pursuant to Art IX of
said Convention, any dispute arising between US and Great Britain should be referred to ICJ.

The ICJ Report recommends the creation of a Tribunal that will settle the controversy between Canada
and US

Tribunal – makes Decision for the just settlement of dispute involving Trail Smelter

It is constituted under, and its powers are derived from and limited by, the Convention for Settlement of
Difficulties Arising from Operation of Smelter at Trail, British Columbia between US and Canada (under
Great Britain)

Tribunal released their Decision (subject of my discussion)

ON INDEMNITY

A Is there damage? YES, there is damage! What is the cause of damage?

B - actual causing factor

C - manner of its operation