History of World Music Essay

590 Words3 Pages
Facts: 1. A Canadian company built a lead & zinc smelting plant at Trail, British Columbia, 10 miles north of the state of Washington border. 2. In 1928, US & Canada agreed on Boundary Water’s Treaty of 1909. 3. By 1930, more than 300 tons of sulfur, including large quantities of sulfur dioxide was emitted daily. 4. Emissions were carried down the Columbia River causing damage to land and other property in Washington. 5. In 1931, Canada paid $ 350,000 for damages reported by the commissions Arbitral Tribunal. Canada did not dispute its liability, but the smelter continues to operate. 6. In 1938, the tribunal grants $ 78,000 to US’s claim that the plant has caused damages up to $ 2 Million. 7. In 1941, The United states required to have the operation of the smelter enjoined. 8. At the time of the arbitration, Tribunal did not manage any case of air pollution, nearest analogy was for air pollution. Issues: 1. Whether the plant should be closed to refrain from further damage to the state of Washington and, if so, to what extent? 2. Whether damages caused by the Trail Smelter in the state of Washington occurred since the first day of January, 1932, and if so, what compensation should be paid therefore? 3. In accordance to the previous questions, what measures should be taken by the Trail Smelter? 4. What compensation should be paid? 5. Which Law should be followed United States or international Law? Rules: Under the principals of United States & International Law “No state has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequences and the injury is established by clear and convincing evidence” Report of the United Nations conference on
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