ABSTRACT
Created by the Boundary Waters Treaty of 1909, the International Joint Commission (IJC) serves to prevent and resolve disputes relating to the use and quality of boundary waters and to advise the governments of Canada and the United States on related questions. The two governments have turned to the Commission on more than 100 occasions for assistance, on issues such as navigation and power generation in the St. Lawrence River, pollution in the Great Lakes, and the apportionment of water in the St. Mary and Milk River watersheds. It is asserted that the IJC has largely been successful in its dual roles as regulator of projects (e.g. dams) that affect water levels and fl ows on both sides of the boundary and as a nonbinding advisor to the governments on controversial issues relating to both transboundary water quantity and quality. Several examples of the IJC’s work are cited, including recommendations that have resulted in new treaties or binational agreement, resolving longstanding issues over waters shared between the two countries. Reasons for the success of the IJC are categorized into two types: fi rst, those that are contextual and cannot be affected by the Commission; and second, those that are procedural and within the Commission’s control. Contextual reasons include the provisions made for equality in the Treaty; the vital importance of water; geography; the comparable affl uence of the party countries; social, economic, and cultural ties; and the fact that only two countries are involved, thus making consensus easier to achieve. Procedural reasons include the IJC’s commitment to decision by consensus; use of a binationally balanced joint fact-fi nding process based on science; the independence of commissioners and Commission-appointed study teams; a focus on public engagement; the ability to depoliticize issues; and the capacity to take the time needed to reach consensus without pressure from the party governments. Under the right conditions, the IJC model may have the potential to work in other international contexts.
