ABSTRACT

The International Joint Commission (IJC) grappled with the problem for eleven months—a period as long as was to be required to negotiate the Treaty of 1961. During this time conflicting interests were pressed by a dominant member of each of the two national sections of the IJC. In effect, then, the IJC principles provided little guidance for the negotiators as to how the benefits should be divided. The statement of principle is consistent with sharing the net gains in such a way that both countries can achieve a position superior to one each could attain independently. The IJC principles articulate an advanced understanding of the economic and equity considerations confronting such a co-operative undertaking. The conclusion is inescapable that no clear-cut agreement was reached by the two sections of the IJC concerning how the principles they had formulated should be applied. The final document preserved as much latitude for negotiation as would have been available without the IJC principles.