ABSTRACT
The Consolidated Mining and Smelting Company owned a smelting works at Trail, which is about 10 miles north of the Canadian-United States border on the Colombia River. As a result of the smelting process a large amount of sulphur dioxide was emitted, some of which was being carried down the Columbia River valley and across the border into the state of Washington where considerable
the International Joint Commission established by the Canadian-USA Boundary Waters Treaty 1909. In 1931 the Commission assessed the damage caused by the smelter at $350,000 and Canada agreed to pay the full amount. However, the pollution continued and the matter was referred to arbitration. Question 2 submitted to the arbitral tribunal was ‘whether the Trail Smelter should be required to refrain from causing damage in the State of Washington in the future and, if so, to what extent?’ The findings of the Tribunal are of general relevance to the question of liability and responsibility for pollution.
