Survey of Agreements Providing for Third-Party Resolution of International Waters Disputes

Brice McAdoo Clagett

doi:10.1017/S0002930000235409

¹ U. S. Dept. of State, Legal Aspects of the Use of Systems of International Waters (prepared by William L. Griffin) 90-91, par. 3 (S. Doc. No. 118, 85th Cong., 2d Sess., 1958).

² Declaration of Montevideo, 1933, in Inter-American Bar Ass’n, Principles of Law Governing the Uses of International Rivers and Lakes, Resolution Adopted by the Inter-American Bar Association at its Tenth Conference Held in November, 1957, at Buenos Aires, Argentina, together with Papers Submitted to the Association, pp. 53-54, pars. 2, 3, 7-10 (1958). “While the Declaration of Montevideo contains provisions that might be described as legislative or agreed rules, it is fundamentally a statement of the opinion of the members as to the obligations of states apart from treaty.” Ibid, at 52.

³ International Law Ass’n. (American Branch), Proceedings and Committee Reports 1957-1958, at 101, principle III. See also Institut de Droit International (Neuvième Commission), Utilisation des Eaux Internationales Non Maritimes (en dehors de la Navigation), Rapport Définitif Présenté par M. Juraj Andrassy 20-21, Arts. 8-10 (1960) (hereinafter cited as Institut de Droit Int.) ; Art. 1(3) of the principles adopted in 1957 by the Inter-American Bar Association, op. cit. note 2 above, at 5. The following recommendations should be noted: Agreed Recommendation I adopted by the International Law Association in 1958, International Law Ass’п., Report of the Forty-Eighth Conference, New Tork 100 (1958) ; resolution on arbitration of waters disputes adopted by the International Law Association at Hamburg in 1960 (as yet unpublished).

⁴ Scott, , “Kansas v. Colorado Revisited,” 52 A.J.I.L. 432, 454 (1958)Google Scholar; Berber, Rivers in International Law 262-266 (1959); K.K.R., “The Problem of the Indus and Its Tributaries: An Alternative View,” The World Today 266, 274-275 (1958).

⁵ Scott, note 4 above.

⁶ A complete examination of the relevant international practice would also include a treatment of the actual behavior of states proposing a change in the regime of an international river when confronted with a protest by a co-riparian state. Such a treatment, however, is not within the scope of the present survey.

⁷ Afghanistan, Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Burma, Cambodia, Canada, Chile, Colombia, Costa Rica, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt (United Arab Republic), El Salvador, Ethiopia, Finland, France, Germany, Ghana, Greece, Guatemala, Haiti, Honduras, Hungary, India, Iran, Iraq, Italy, Jordan, Laos, Liechtenstein, Luxembourg, Mexico, Netherlands, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Rumania, Saudi Arabia, Spain, Sweden, Switzerland, Syria (United Arab Republic), Thailand, Turkey, Union of South Africa, United Kingdom, United States, Uruguay, U.S.S.R., Venezuela, Viet-Nam, Yemen, and Yugoslavia.

⁸ Bhutan, China, Guinea, Indonesia, Ireland, Israel, Korea, Liberia, Libya, Malaya, Mongolia, Morocco, Nepal, and Sudan. Most of these are relatively new states; most are not riparian to any major international river; some may be bound by commitments undertaken by their predecessor states. Liberia and the Sudan have made commitments, but subject to self-judging (“Connally”) reservations.

⁹ See, e.g., 1 Oppenheim, International Law 345-347 (8th ed., 1955) ; U. S. Dept. of State, Legal Aspects of the Use of Systems of International Waters (prepared by William L. Griffin) 89-90 (S. Doc. No. 118, 85th Cong., 2d Sess., 1958) ; Württemberg & Prussia v. Baden (1926), 116 Entscheidungen des Reichsgerichts in Zivilsachen-Anhang: Entscheidungen des Staatsgerichtshofs 18; opinions of scholars summarized in Economic Commission for Europe (Sevette), Legal Aspects of the Hydro-Electric Development of Rivers and Lakes of Common Interest, U.N. Doc. E/ECE/136, E/ECE/EP/98, Rev. 1, at 51-68 (1952) (hereinafter cited as ECE Report) ; Eagleton, “The Use of the Waters of International Rivers,” 33 Canadian Bar Rev. 1018, 1023 (1955); International Law Ass’n., Principles of Law Governing the Uses of International Rivers, Resolution Adopted by the International Law Association at Its Conference Held in August, 1956, at Dubrovnik, Yugoslavia, together with Reports and Commentaries Submitted to the Association (1956); Institut de Droit Int., note 3 above; resolution adopted by the International Law Association in 1958, in International Law Ass’n. (American Branch), Proceedings and Committee Reports 1957-1958, at 101-102; Inter-American Bar Ass’n., Principles of Law Governing the Uses of International Rivers and Lakes, Resolution Adopted by the Inter-American Bar Association at Its Tenth Conference Held in November, 1957, at Buenos Aires, Argentina, together with Papers Submitted to the Association (1958).

¹⁰ Convention and Statute on the Regime of Navigable Waterways of International Concern, Barcelona, April 20, 1921, Art. 22. 7 L.N. Treaty Series 37 ; 18 A.J.I.L. Supp. 151 (1924) ; see 1 Hyde, International Law 556-561. Ratified or adhered to by Albania, Austria, Bulgaria, Chile, Colombia, Czechoslovakia, Denmark, Finland, France, Great Britain and many of its mandates, colonies and protectorates, Greece, India, Italy, Luxembourg, New Zealand, Norway, Humania, Siam, and Sweden. By a letter to the Secretary General of the United Nations dated March 17, 1956, India gave notice of its denunciation of the convention.

¹¹ Convention Relating to the Development of Hydraulic Power Affecting More Than One State, Geneva, Dec. 9, 1923, Art. 12, 36 L.N. Treaty Series 76. Ratified or adhered to by Austria, Great Britain, Denmark, Greece, New Zealand, Siam, Newfoundland, Hungary, Danzig, Egypt, Iraq, and Panama. See ECE Report 153-154.

¹² 31 Martens, Nouveau Recueil Général (2^e sér.) 243.

¹³ Convention for the Establishment of a Central American Court of Justice, Washington, Dec. 20, 1907. 2 U. S. Foreign Relations 697-701 (1907); 2 A.J.I.L. Supp. 231 (1908) ; see Dumbauld, Interim Measures of Protection in International Controversies 95 (1932).

¹⁴ Inter-American Arbitration Treaty, Washington, Jan. 5, 1929, Art. 1. 49 Stat. 3153; U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 82 (1929) ; Pan American Union, Inter-American Peace Treaties and Conventions 15 (1954) (hereinafter cited as Pan American Survey). For the complete list of instruments of ratification see Pan American Union, Status of the Pan American Treaties and Conventions 12 (1957).

¹⁵ See statement by Benedict M. English, Assistant to the Legal Adviser of the Department of State, in Hearings before the Senate Committee on Foreign Relations on Treaty with Mexico Relating to the Utilization of the Waters of Certain Rivers, 79th Cong., 1st Sess., Pt. 5, at 1738-1752 (1945).

¹⁶ 30 U.N. Treaty Series 55 ; Pan American Survey at 60.

¹⁷ 28 A.J.I.L. Supp. 52, 59 (1934); International Law Ass’n., Principles of Law and Recommendations of the Uses of International Rivers, Statement of Principles of Law and Recommendations with a Commentary and Supporting Authorities Submitted to the International Committee of the International Law Association by the Committee on the Uses of Waters of International Rivers of the American Branch 64-65, pars. 7-10 (1958).

¹⁸ [1959-1960] I.C.J. Yearbook 236, 256.

¹⁹ Treaty between the United States and Great Britain Relating to Boundary Waters between the United States and Canada, Washington, Jan. 11, 1909. 36 Stat. 2448; U. S. Treaty Series, No. 548; 4 A.J.I.L. Supp. 239 (1910).

²⁰ See Bloomfield & Fitzgerald, Boundary Waters Problems of Canada and the United States, Pt. 1, Ch. 3 (1958).

²¹ Treaty between Canada and the United States of America Relating to Cooperative Development of the Water Resources of the Columbia River Basin, Washington, Jan. 17, 1961, Sen. Exec. C, 87th Cong., 1st Sess., 44 Dept. of State Bulletin 234 (1961) (arbitration provisions are in Art. XVI).

²² [1959-1960] I.C.J. Yearbook 245.

²³ Pan American Survey 68-69.

²⁴ 49 Stat. 3153, 3176 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 88 (1929); Pan American Survey 19.

²⁵ 49 Stat. 3153, 3169 (1929) ; U. S. Treaty Series, No. 886; Pan American Survey 21.

²⁶ See note 15 above.

²⁷ [1959-1960] I.C.J. Yearbook 239, 241.

²⁸ Treaty of Peace, Friendship and Arbitration between the Dominican Republic and Haiti, Santo Domingo, Feb. 20, 1929, 105 L.N. Treaty Series 215; United Nations, Systematic Survey of Treaties for the Pacific Settlement of International Disputes 1928-1948, at 530 (1948) (hereinafter cited as U.N. Survey). Among the classes of disputes covered are issues concerning the “interpretation of a treaty.” Art. X of the same treaty contains an agreement not to change the natural course of common watercourses and a guarantee to each state of the “just and equitable use” of water within its territory.

²⁹ 49 Stat. 3153, 3172, 3174, 3176 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 86, 87, 88 (1929) ; Pan American Survey 18, 19.

³⁰ Treaty between Guatemala and El Salvador for the Utilization of the Waters of the Güija Lake, Guatemala, April 15, 1957. See Villacorta, Palacios, Osorio, “Dictamen sobre el Tratado para el Aprovechamiento de las Aguas del Lago de Güija,” 44 Boletín Universitario, Universidad de San Carlos de Guatemala 93 (January-April, 1958). The treaty was ratified by El Salvador May 18, 1957.

³¹ [1959-1960] I.C.J. Yearbook 239, 241.

³² Ibid. at 241, 247.

³³ Pan American Survey 69.

³⁴ 34 [1959-1960] I.C.J. Yearbook 238, 249.

³⁵ 49 Stat. 3153, 3176 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 87 (1929) ; Pan American Survey 19.

³⁶ 49 Stat. 3153, 3170, 3174 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 85, 87 (1929) ; Pan American Survey 17, 19.

³⁷ Treaty of Non-Aggression, Conciliation, Arbitration and Judicial Settlement between Venezuela and Colombia, Bogotá, Dec. 17, 1939. 6 Venezuela, Tratados Públicos y Acuerdos Internacionales de Venezuela 567 (1942) ; U.N. Survey 1121, 1122.

³⁸ ECE Report 193.

³⁹ [1959-1960] I.C.J. Yearbook 240, 246, 254. See also note 62 below.

⁴⁰ Treaty for the Pacific Settlement of Disputes between Brazil and Venezuela, Caracas, March 30, 1940. 6 Venezuela, op. cit. note 37 above, at 599; 51 U.N. Treaty Series 291; U.N. Survey 1126.

⁴¹ 49 Stat. 3153, 3174 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 87 (1929); Pan American Survey 18-20.

⁴² Boundary Treaty between Colombia and Ecuador, Bogota, July 15, 1916. Colombia, Informe del Ministro de Relaciones Exteriores al Congreso de 1917, at 61, 63 (1917); 110 Brit, and For. State Papers 826 (1920).

⁴³ Protocol of Friendship and Cooperation between Colombia and Peru, Rio de Janeiro, May 24, 1934. 164 L.N. Treaty Series 21; U.N. Survey 1073.

⁴⁴ 49 Stat. 3153, 3714, (1929); U. S. Treaty Series, No. 886; Pan American Survey 18-21.

⁴⁵ General Treaty of Arbitration between Bolivia and Peru, La Paz, Nov. 21, 1901. 3 Martens, op. cit. (3^e sér.) 47; 1 Peru, Tratados, Convenciones y Acuerdos Vigentes entre El Perú y Otros Estados—Instrumentos Bilaterales 69 (1936); 3 A.J.I.L. Supp. 378 (1909). Subsequently the two states concluded the General Pact of Friendship and Non- Aggression, Lima, Sept. 14, 1936. 5 Bolivia, Colecei6n de Tratados Vigentes de la Republica de Bolivia—Convenciones Bilaterales 493 (1944); U.N. Survey 1105. In the view of Peru this latter treaty, which also provides for general arbitration of disputes, did not take effect because of a failure of legislative approval, and the 1901 treaty remains operative. Letter from an official of the Government of Peru to the author, Aug. 31, 1959.

⁴⁶ Treaty of Peace, Friendship, and Boundaries between Bolivia and Paraguay, Buenos Aires, July 21, 1938. 106 U. S. Treaty Information Bulletin 256 (1938) ; 32 A.J.I.L. Supp. 139 (1938); U. N. Survey 1118.

⁴⁷ 49 Stat. 3153, 3170 (1929); U. S. Treaty Series, No. 886; 23 A.J.I.L. Supp. 85 (1929) ; Pan American Survey 17-18.

⁴⁸ Treaty between Chile and Peru for the Settlement of the Dispute Regarding Tacna and Arica, Lima, June 3, 1929, Art. 12. 94 L.N. Treaty Series 401, 404; see ECE Report 198.

⁴⁹ Treaty of Conciliation and Obligatory Arbitration between Brazil and Uruguay, Rio de Janeiro, Aug. 22, 1934. 74 Brazil, Diàrio Official 18477, No. 193 (1935) ; U.N. Survey 1073.

⁵⁰ Convention and Additional Protocol Relative to the Utilization of the Rapids of the Uruguay River in the Area of Salto Grande, Montevideo, Dec. 30, 1946. Argentina, Boletín del Ministerio de Relaciones Exteriores y Culto de la Nación Argentina 46-54 (December, 1946) ; 2 Argentina, Instrumentos Internacionales de Carácter Bilateral Suscriptos for la República Argentina (Hasta el 30 de junio de 1948) at 1409 (1950).

⁵¹ General Treaty of Arbitration between Argentina and Uruguay, Buenos Aires, June 8, 1899. 1 Argentina, Tratados y Convenciones Vigentes en la Nación Argentina 790 (1925) ; 30 Martens, op. cit. (2^e sér.) 237.

⁵² General Treaty of Arbitration between Chile and Argentina, Santiago, May 28, 1902. Argentina, Registro Nacional de la República Argentina, Pt. III, at 243 (1902) ; 35 Martens, op. cit. (2^e sér.) 297; 1 A.J.I.L. Supp. 292 (1907).

⁵³ General Treaty of Arbitration between Argentina and Brazil, Rio de Janeiro, Sept. 7, 1905. 2 Martens, op. cit. (3^e sér.) 274; 100 Brit, and For. State Papers 605; 3 A.J.I.L. Supp. 1 (1909).

⁵⁴ General Treaty of Arbitration between Argentina and Paraguay, Asunción, Nov. 6, 1899. 2 Argentina, Instrumentos Internacionales de Carácter Bilateral Suscriptos for la República Argentina 1145 (1950) ; 92 Brit, and For. State Papers 485.

⁵⁵ The Treaty of Peace between the Allied and Associated Powers and Germany, Versailles, June 28, 1919, Art. 336. The Treaty of Versailles and After (Dept. of State Pub. No. 2724, 1947) ; 3 Treaties, Conventions, International Acts, Protocols, and Agreements 3329, 3489-3490 (S. Doc. No. 348, 67th Cong., 4th Sess., 1923) ; 13 A.J.I.L. Supp. 151 (1919). The treaty was executed by the United States, the British Empire, France, Italy, Japan, Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal Rumania, the Serb-Croat-Slovene State, Siam, Czechoslovakia, Uruguay and Germany. Art. 336, however, applied of its own force only to the Elbe, Oder, Niemen and Danube rivers (see Art. 331). For similar provisions regarding the Danube only, see the Treaty of Saint-Germain, Arts. 291, 297, note 56 below.

⁵⁶ Treaty of Peace between the Allied and Associated Powers and Austria, Saint Germain-en-Laye, Sept. 10, 1919, Arts. 309, 310. S. Doc. No. 92, 66th Cong., 1st Sess. (1919) ; 3 Treaties, Conventions, International Acts, Protocols, and Agreements 3149 (S. Doc. No. 348, 67th Cong., 4th Sess., 1923) ; 14 A.J.I.L. Supp. 1 (1920). This treaty was executed by the same Powers as executed the Treaty of Versailles, except for the substitution of Austria for Germany. Presumably Arts. 309 and 310, though not expressly so limited by their terms, were intended to apply only to rivers over which changes in sovereignty were effected by the treaty.

⁵⁷ Convention between Spain and Portugal to Regulate the Hydro-Electric Development of the International Section of the River Douro, Lisbon, Aug. 11, 1927. 82 L.N. Treaty Series 115; see ECE Report 202.

⁵⁸ Treaty of Conciliation, Judicial Settlement and Arbitration between Spain and Portugal, Lisbon, Jan. 18, 1928. 77 L.N. Treaty Series 105; U.N. Survey 331.

⁵⁹ Treaty of Arbitration between Spain and France, Paris, July 10, 1929. 148 L.N. Treaty Series 369; U.N. Survey 620.

⁶⁰ Affaire Du Lac Lanoux (France v. Spain), Tribunal Arbitral Franco-Espagnol, Genève, 1957, in 62 Revue Générale de Droit International Public 79-119 (3^e sér., 1958); 53 A.J.I.L. 156 (1959).

⁶¹ Modus Vivendi Concerning Navigation on the Rhine, Strasbourg, May 4, 1936, Annex, Art. 90. 13 Switzerland, Recueil Systématique des Lois et Ordonnances 1848-1947, at 494, 521 (1953). This agreement was signed by Germany, Belgium, France, Great Britain, Italy and Switzerland. Germany, Belgium, France, and Italy denounced it before Jan. 1, 1937, under Art. 3 of the Modus Vivendi. It remains effective between Great Britain and Switzerland. Ibid, at 494, note 3.

⁶² [1959-1960] I.C.J. Yearbook 240, 252. France formerly excluded “matters which are essentially within the national jurisdiction as understood by the Government of the French Republic,” [1956-1957] ibid. 213, but this reservation was removed in 1959.

⁶³ 26 Martens, op. cit. (3^e sér.) 312; see ECE Report 194.

⁶⁴ Convention Regulating the Relations between France and Switzerland with Regard to Certain Clauses of the Legal Regime of the Future Kembs Derivation, Bern, Aug. 27, 1926, Art. 12. 71 L.N. Treaty Series 63; see ECE Report 203.

⁶⁵ Protocol of the Negotiations with the Object of Regulating the Means of Technical and Administrative Cooperation between Germany, France, and Switzerland for the Construction of Works Regularizing the Rhine between Strasbourg/Kehl and Istein, Geneva, Dec. 18, 1929, Art. 15, el. 2. 24 Martens, op. cit. (3^e sér.) 636; 12 Switzerland, op. cit. note 61 above, at 516, 522 (1953).

⁶⁶ Treaty of Compulsory Conciliation and Arbitration between Switzerland and France, Paris, April 6, 1925. 29 Martens, op. cit. (3^e sér.) 89; 11 Switzerland, op. cit. above, at 286 (1953).

⁶⁷ Treaty between France and Germany Regarding the Delimitation of the Frontier, Paris, Aug. 14, 1925, Art. 51. 75 L.N. Treaty Series 103; see ECE Report 196-197.

⁶⁸ See note 65 above.

⁶⁹ Treaty between Germany and France Concerning the Improvement of the Upper Rhine between Basel and Strasbourg, Luxembourg, Oct. 27, 1956, Arts. 25-28, [1956] 2 Bundesgesetzblatt 1863, 1869-1870 (Germany); Treaty between Germany and France for Regulation of the Saar Question, Luxembourg, Oct. 27, 1956, Arts. 89-94, ibid. 1587, 1636-1638 (Germany); Treaty between Germany, France and Luxembourg Relative to Making the Mosel Navigable, Luxembourg, Oct. 27, 1956, Arts. 57-60, ibid. 1837, 1853-1854 (Germany).

⁷⁰ 31 Dept. of State Bulletin 723 (1954); 49 A.J.I.L. Supp. 128 (1955).

⁷¹ Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defense between the United Kingdom, Belgium, France, Luxembourg and The Netherlands (Brussels Pact), Brussels, March 17, 1948, Art. 8. 19 U.N. Treaty Series 51; U.N. Survey 1160; 43 A.J.I.L. Supp. 59 (1949).

⁷² [1959-1960] I.C.J. Yearbook at 235, 240, 245, 246.

⁷³ Arbitration and Conciliation Treaty between France and The Netherlands, Geneva, March 10, 1928. 102 L.N. Treaty Series 109; U.N. Survey 348.

⁷⁴ Treaty of Judicial Settlement, Arbitration and Conciliation between Luxembourg and The Netherlands, Geneva, Sept. 17, 1929. 107 L.N. Treaty Series 35; U.N. Survey 670.

⁷⁵ See note 69 above, third treaty cited.

⁷⁶ Treaty of Arbitration and Conciliation between Germany and Luxembourg, Geneva, Sept. 11, 1929, Arts. 3-4. 118 L.N. Treaty Series 97; U.N. Survey 655. In the view of Luxembourg, this treaty is no longer in effect. Letter from an official of the Government of Luxembourg to the author, Aug. 4, 1959.

⁷⁷ See note 69 above, third treaty cited.

⁷⁸ Treaty between the State of Rheinland-Pfalz in the Federal Republic of Germany and Luxembourg on the Construction of Waterworks on the Our (Art. 27), Trêves July 10, 1958, Luxembourg Memorial No. 25, June 11, 1959, at 405; Treaty between. the State of Rheinland-Pfalz in the Federal Republic of Germany and Luxembourg or the Construction of Water Power Works on the Sauer near Ralingen-Rosport (Art 22), Trêves, 1950, Luxembourg Memorial No. 46, July 24, 1953, at 1003.

⁷⁹ Convention of Arbitration and Conciliation between Germany and The Netherlands The Hague, May 20, 1926. 66 L.N. Treaty Series 119 ; League of Nations, Arbitrator and Security—Systematic Survey of the Arbitration Conventions and Treaties of Mutual Security Deposited with the League of Nations 291 (1927) (hereinafter cited as L.N Survey).

⁸⁰ Convention between Germany, Belgium, Great Britain, France, Italy, and Czecho Slovakia Instituting the Statute of Navigation of the Elbe, Dresden, Feb. 22, 1922, Arts 2-11, 52. 26 L.N. Treaty Series 219; 17 A.J.I.L. Supp. 227 (1923); see ECE Eepon 202.

⁸¹ Treaty of Arbitration and Conciliation between Germany and Switzerland, Bern Dec. 3, 1921, Arts. 1, 4, 12. L.N. Treaty Series 271; U.N. Survey 429.

⁸² See note 65 above.

⁸³ Agreement between Germany and Poland Concerning the Handing Over of the Records of the Water Conservancy Associations and Associations for the Upkeep and Construction of Dykes, Posen, June 14, 1923, Art. 5. 34 L.N. Treaty Series 343; sei ECE Report 195-196.

⁸⁴ Agreement between Germany and Poland Regarding the Administrations of the Frontier Sections of the Notée and Głda Eivers and Navigation on These Sections, Pila March 14, 1925, Art. 16. 95 L.N. Treaty Series 239; see ECE Report 196.

⁸⁵ Treaty between Germany and Czechoslovakia Regulating the Frontier Relations on the Frontier Described in Article 83 of the Treaty of Peace of Versailles of June 28, 1919, Berlin, Feb. 3, 1927, Art. 35. 109 L.N. Treaty Series 219; see ECE Report 197.

⁸⁶ Treaty between Germany and Denmark Concerning the Settlement of Questions Arising Out of the Transfer to Denmark of the Sovereignty over North Schleswig, Copenhagen, April 10, 1922. 10 L.N. Treaty Series 73, 201-202; see ECE Report 200-201.

⁸⁷ Treaty of Arbitration and Conciliation between Germany and Denmark, Berlin, June 2, 1926. 61 L.N. Treaty Series 325; L.N. Survey 269.

⁸⁸ Treaty of Conciliation and Arbitration between Poland and Czechoslovakia, Warsaw, April 23, 1925. 48 L.N. Treaty Series 383; L.N. Survey 236.

⁸⁹ See note 70 above.

⁹⁰ See ECE Report 199.

⁹¹ Convention between Switzerland and Italy on the Subject of the Utilization of the Hydraulic Power of the Spoel, Bern, May 27, 1957, Art. 18, Switzerland, Recueil Officiel des Lois et Ordonnances de la Confédération Suisse—1959, at 432 (1960) ; Convention between Switzerland and Italy for Navigation on Lake Maggiore and Lake Lugano, Lugano, Oct. 22, 1923, Art. 19, 18 Martens, op. cit. (3^e sér.) 424; Convention between Switzerland and Italy on the Subject of the Regularization of Lake Lugano (Article 11), Lugano, Sept. 17, 1955, 291 U.N. Treaty Series 213.

⁹² Treaty of Conciliation and Judicial Settlement between Italy and Switzerland, Rome, Sept. 20, 1924, Art. 15. 33 L.N. Treaty Series 91; L.N. Survey 206.

⁹³ Treaty between Austria and Switzerland for the Regulation of the Rhine from the Confluence of the Ill to the Lake of Constance, Bern, April 10, 1954, Art. 33. [1955] Bundesgesetzblatt 893 (Austria) ; Switzerland, Recueil Officiel des Lois et Ordonnances de la Confédération Suisse—1955, at 741 (1956). Earlier treaties of 1892 and 1924, with the same title, contain identical arbitration provisions. [1893] Eeichsgesetzblatt 455, 459, Art. 16 (Austria); 39 L.N. Treaty Series 25. These treaties are still in force.

⁹⁴ Treaty of Friendship, Conciliation and Judicial Settlement between Austria and Italy, Rome, Feb. 6, 1930. 105 L.N. Treaty Series 97; U.N. Survey 755.

⁹⁵ [1959-1960] I.C.J. Yearbook 244, 252.

⁹⁶ Treaty between Austria and Liechtenstein for the Establishment of Common Principles for the Regulation of the Rhine, Vaduz, June 23, 1931, 25 Martens, op. cit. (3^esér.) 791; [1931] Bundesgesetzblatt 1721 (Austria).

⁹⁷ Convention Instituting the Definitive Statute of the Danube, Paris, July 23, 1921, Art. 38. 26 L.N. Treaty Series 173; 17 A.J.I.L. Supp. 13 (1923); see ECE Report 201. The convention was ratified by Belgium, France, Great Britain, Greece, Italy, Rumania, the Serb-Croat-Slovene State and Czechoslovakia.

⁹⁸ See Paunovic, “The Uses of the Waters of International Rivers,” in International Law Ass’n., Principles of Law Governing the Uses of International Rivers, Resolution adopted by the International Law Association at its Conference held in August, 1956, at Dubrovnik, Yugoslavia, together with Reports and Commentaries submitted to the Association 1, 3-4 (1956).

⁹⁹ Convention between Yugoslavia and Austria Concerning Water Economy Questions Relating to the Drava, Geneva, May 25, 1954, Arts. 4, 7. 227 U.N. Treaty Series 128.

¹⁰⁰ Treaty between Austria and Yugoslavia Concerning Hydro-Economic Questions Relating to the Frontier and the Frontier Waters on the Mur, Vienna, Dec. 16, 1954, Art. 10. [1956] Bundesgesetzblatt 953 (Austria).

¹⁰¹ General Act of Conciliation, Arbitration, and Judicial Settlement between the States of the Little Entente, Belgrade, May 21, 1929. 96 L.N. Treaty Series 311; U.N. Survey 572.

¹⁰² Agreement Concerning Arbitration between Austria and Hungary, Budapest, April 10, 1923, 18 L.N. Treaty Series 93; L.N. Survey 89; Treaty between Austria and Hungary on Friendship, Conciliation and Arbitration, Vienna, Jan. 26, 1931, 123 L.N. Treaty Series 171.

¹⁰³ Note 88 above. This treaty covers “all disputes” except those regarding the “territorial status of the Contracting Parties,” Art. 1.

¹⁰⁴ Treaty of Conciliation and Arbitration between Bulgaria and Hungary, Budapest, July 22, 1929. 101 L.N. Treaty Series 41; U.N. Survey 628.

¹⁰⁵ Treaty of Conciliation and Arbitration between Austria and Czechoslovakia, Vienna, March 5, 1926. 51 L.N. Treaty Series, 349; L.N. Survey 245. This treaty provides for submission of “all disputes . . . with regard to which the Parties are in conflict as to their respective rights” to the P.C.I.J. Several others of these bilateral treaties between Danube states also restrict the area of compulsory arbitration to legal disputes.

¹⁰⁶ 78 L.N. Treaty Series, 413 ; L.N. Survey 342.

¹⁰⁷ Treaty of Conciliation and Arbitration between Poland and Hungary, Warsaw, Nov. 30, 1928. 100 L.N. Treaty Series 67; U.N. Survey 476.

¹⁰⁸ Convention Relating to the Settlement of Questions Arising Out of the Delimitation of the Frontier between Hungary and Czechoslovakia (Frontier Statute), Prague, Nov. 14, 1928, Arts. 31(5), 79. 110 L.N. Treaty Series 425; see ECE Report 197.

¹⁰⁹ Convention Concerning the Settlement of Questions Arising Out of the Delimitation of the Frontier between Rumania and Czechoslovakia (Frontier Statute), Prague, July 15, 1930, Art. 30. 164 L.N. Treaty Series 157; see ECE Report 198.

¹¹⁰ State Treaty for the Re-establishment of an Independent and Democratic Austria, Vienna, May 15, 1955. 217 U.N. Treaty Series 223; 49 A.J.I.L. Supp. 162 (1955).

¹¹¹ Treaty between Bavaria and Austria Concerning the Austro-Bavarian Power Plant Company, Oct. 16, 1950, Arts. 26 and 27 provide for arbitration by a tribunal to be established by special agreement; Convention between Germany, Bavaria, and Austria Concerning the Jochenstein Danube Power Plant Company, Feb. 13, 1952, Art. 25 provides for arbitration by a three-man tribunal including an umpire. See Berber, op. cit. note 4 above, at 80.

¹¹² Treaty between Austria and Czechoslovakia Regarding the Settlement of Legal Questions on the Common Frontier, Prague, Dec. 12, 1928. 108 L.N. Treaty Series 9.

¹¹³ Convention Regarding the Regime of Navigation on the Danube, Belgrade, Aug. 18, 1948. 33 U.N. Treaty Series 197. Britain, France and the United States refuse to recognize this convention because it was not signed by Germany and interested non-riparian states. The Western Powers regard the Convention of 1921 as still in force. Gorove, , “Internationalization of the Danube: A Lesson in History,” 8 Journal of Public Law 125, 151 (1959)Google Scholar.

¹¹⁴ Pact of Friendship, Conciliation and Judicial Settlement between Greece and the Kingdom of the Serbs, Croats and Slovenes, Belgrade, March 27, 1929, Art. 4. 108 L.N. Treaty Series 201; U.N. Survey 546.

¹¹⁵ Treaty of Neutrality, Conciliation, Judicial Settlement and Arbitration between Bulgaria and Turkey, Ankara, March 6, 1929. U.N. Survey 535, 540.

¹¹⁶ Treaty of Friendship, Neutrality, Conciliation and Arbitration between Greece and Turkey, Ankara, Oct. 30, 1930. 125 L.N. Treaty Series 9; U.N. Survey 858. The tribunal is to decide ex aequo et bono if no rule of international law applies. Art. 21, cl. 2.

¹¹⁷ Greco-Turkish Agreement Relative to the Regulation of Hydraulic Works on the Two Banks of the River Maritza-Evros, Ankara, June 30, 1934, Ch. TV. Letter from an official of the Government of Greece to the author, June 27, 1959.

¹¹⁸ Convention of Conciliation between Poland and the Union of Soviet Socialist Republics, Moscow, Nov. 23, 1932. 136 L.N. Treaty Series 55; 27 A.J.I.L. Supp. 190 (1933) ; U.N. Survey 982.

¹¹⁹ Convention of Conciliation between Finland and the Union of Soviet Socialist Republics, Helsinki, April 22, 1932, 157 L.N. Treaty Series 401; U.N. Survey 974. (This treaty was abrogated under Art. 12 of the Treaty of Peace with Finland, Paris, Feb. 10, 1947, 48 U.N. Treaty Series 203; 42 A.J.I.L. Supp. 203 (1948)).

¹²⁰ [1959-1960] I.C.J. Yearbook 248, 251.

¹²¹ Sweden and Norway, Treaties and Conventions Concerning the Dissolution of the Swedish-Norwegian Union: Arbitration, Stockholm, Oct. 26, 1905, 34 Martens, op. cit. (2^e sér.) 702; 98 Brit, and For. State Papers 820; 1 A.J.I.L. Supp. 169 (1907); Convention between Norway and Sweden for the Pacific Settlement of Disputes, Oslo, Nov. 25, 1925, 60 L.N. Treaty Series 295, L.N. Survey 130. These treaties do not apply to disputes as to which another scheme of resolution has been agreed upon.

¹²² Sweden and Norway, Treaties and Conventions Concerning the Dissolution of the Swedish-Norwegian Union: Lakes and Water Courses in Common, Stockholm, Oct. 26, 1905, Art. 6. 34 Martens, op. cit. (2^e sér.) 710; 98 Brit, and For. State Papers 828; 1 A.J.I.L. Supp. 177 (1907). Disputes were to be resolved by two ad hoc judges and a third to be selected, in the absence of agreement, by the Government of Switzerland. This treaty was superseded by a treaty concerning waters regulation of May 11, 1929, 120 L.N. Treaty Series 264, which contains no arbitration clause.

¹²³ Convention Concerning the Frontier between the Province of Finmark and the Territory of Petsamo, and Final Protocol, Christiania, April 28, 1924, Art. 8, 30 L.N. Treaty Series 49; Convention between Norway and Finland Concerning the International Legal Regime of the Waters of the Pasvik and of the Jakobselv, Oslo, Feb. 14, 1925, Art. 3, 49 L.N. Treaty Series 379; see ECE Report 193-194. These treaties dealt with areas ceded by Finland to the Soviet Union by the Treaty of Peace between those states signed in 1947.

¹²⁴ [1959-1960] I.C.J. Yearbook 240, 248.

¹²⁵ Treaty between Norway and Finland for the Pacific Settlement of Disputes, Helsinki, Feb. 3, 1926, 60 L.N. Treaty Series 353; and supplementary treaty, Helsinki, May 11, 1953, [1953] Forfattningssamling 714 (Finland).

¹²⁶ Convention between Sweden and Finland for the Pacific Settlement of Disputes, Helsinki, Jan. 29, 1926, 49 L.N. Treaty Series 367; and Supplement, Helsinki, April 9, 1953, 198 U.N. Treaty Series 61.

¹²⁷ [1959-1960] I.C.J. Yearbook 240, 251.

¹²⁸ Exchange of Notes constituting an Agreement between Great Britain and France respecting the boundary line between Syria and Palestine from the Mediterranean to El Hamme, Paris, March 7, 1923. 22 L.N. Treaty Series 363; see ECE Report 201.

¹²⁹ Treaty of Friendship and Bon Voisinage between Hedjaz and Iraq, Mecca, April 7, 1931, Art. 15. 36 Martens, op. cit. (3^e ser.) 697; U.N. Survey 890 (disputes arising from treaties only).

¹³⁰ Treaty of Arab Brotherhood and Alliance between Saudi Arabia and Iraq, Baghdad, April 2, 1936. 174 L.N. Treaty Series 131; U.N. Survey 1104. This treaty provided that the parties should, if any dispute between them could not be settled by negotiation, “resort to the methods to be laid down in a Protocol to be annexed to this Treaty. . . . ” (Art. 2.) It does not appear that any such protocol was ever filed.

¹³¹ Declaration of Accession by Yemen to the Treaty of Arab Brotherhood and Alliance between Saudi Arabia and Iraq, San’a, April 29, 1937. 174 L.N. Treaty Series 131; 36 Martens, op. cit. (3e ser.) 711; U.N. Survey 1112.

¹³² Treaty of Friendship and Bon Voisinage between Saudi Arabia and Transjordan, Jerusalem, July 27, 1933. United Kingdom, Report to the Council of the League of Nations on the Administration of Palestine and Transjordan 300 (1934) ; U.N. Survey 1036 (disputes arising from treaties only).

¹³³ Treaty of Islamic Friendship and Brotherhood between Saudi Arabia and Yemen, Taif, May 20, 1934. 137 Brit, and For. State Papers 670 (1934) ; U.N. Survey 1071 (all disputes).

¹³⁴ Pact of the Arab League, Cairo, March 22, 1945, Art. 5. 70 U.N. Treaty Series 237; 16 U. S. Dept. of State Bulletin 967, 968 (1947); 39 A.J.I.L. Supp. 266, 267 (1945); U.N. Survey 1141.

¹³⁵ Agreement between Jordan and Syria for the Utilization of the Yarmouk Waters, Damascus, June 4, 1953. 184 U.N. Treaty Series 15.

¹³⁶ Treaty of Conciliation, Judicial Settlement and Arbitration between Persia and Turkey, Teheran, Jan. 23, 1932, Art. 1. 30 Martens, op. cit. (3^e sér.) 725; U.N. Survey 939.

¹³⁷ Treaty for the Pacific Settlement of Disputes between Iraq and Iran, Teheran, July 24, 1937. 190 L.N. Treaty Series 269; U.N. Survey 1112.

¹³⁸ Treaty of Friendship and Neighbourly Relations between Iraq and Turkey, Ankara, March 29, 1946. 37 U.N. Treaty Series 226.

¹³⁹ Treaty of Friendship, Commerce and Navigation between Siam and France, Bangkok, Dec. 7, 1937, Art. 21. 201 L.N. Treaty Series 113; U.N. Survey 1117. The present effectiveness of the arbitration provisions of this treaty was at issue between Thailand and Cambodia in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand), Application Instituting Proceedings, I.C.J., Oct. 6, 1959, but was not passed on by the Court in its judgment of May 26, 1961.

¹⁴⁰ [1959-1960] I.C.J. Yearbook 236, 252. Thailand argued before the I.C.J. that its acceptance, made in 1950 by renewing a prior acceptance of the compulsory jurisdiction of the P.C.I.J., was void and ineffective. Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand), Preliminary Objections of the Government of Thailand, I.C.J., 1960. On May 26, 1961, the Court rejected this argument and ruled that the 1950 declaration was effective. [1961] I.C.J. Rep. 17. The 1950 declaration expired by its terms on May 2, 1960.

¹⁴¹ Convention Regulating Maritime and Inland Navigation on the Mekong and Inland Navigation on the Approach to the Port of Saigon, between Cambodia, Laos, and VietNam, Paris, Dec. 29, 1954. Documentation Française, Jan. 25, 1955, No. 1.973, at 7.

¹⁴² Protocol of Nov. 27, 1927, annexed to the Treaty of Friendship & Security between Persia and Afghanistan, Nov. 27, 1927. 107 L.N. Treaty Series 445.

¹⁴³ [1959-1960] I.C.J. Yearbook 233, 246.

¹⁴⁴ Final Agreement between Mysore and Madras in Regard to the Construction of a Dam and a Reservoir at Krishnarajasagara, Feb. 18, 1924, Art. 10, cl. XV. 9 Aitchison, Treaties, Engagements and Sanads 324, 328 (5th ed., 1929).

¹⁴⁵ Treaty between the United Kingdom and Burma Regarding the Recognition of Burmese Independence and Related Matters, London, Oct. 17, 1947. 70 U.N. Treaty Series 183.

¹⁴⁶ [1946-1947] I.C.J. Yearbook 212.

¹⁴⁷ [1959-1960] ibid. 241. India formerly conditioned her acceptance with a self-judging (“Connally”) amendment, [1955-1956] ibid, 186, but the current declaration contains no such reservation.

¹⁴⁸ Exchange of Notes between the United Kingdom and Egypt in Regard to the Use of the Waters of the River Nile for Irrigation Purposes, Cairo, May 7, 1929. 93 L.N. Treaty Series 43, 46; see ECE Report 198.

¹⁴⁹ [1956-1957] I.C.J. Yearbook 212, 241.

¹⁵⁰ Treaty of Amity, Conciliation and Arbitration between Ethiopia and Italy, Addis Ababa, Aug. 2, 1928, 94 L.N. Treaty Series 413; U.N. Survey 415. Ethiopia takes the position that, because of hostilities between Ethiopia and Italy and the abrogation, by Art. 44 of the Treaty of Peace between Italy and the Allied Powers, of all prewar bilateral treaties not preserved in force by notice from the Allied Power in question, the treaty of 1928 is no longer in effect. Letter from an official of the Government of Ethiopia to the author, June 30, 1959.

¹⁵¹ Agreement between Belgium and the United Kingdom Regarding Water Rights on the Boundary between Tanganyika and Ruanda-Urundi, London, Nov. 22, 1934, Art. 10. 190 L.N. Treaty Series 104; see ECE Report 198.

¹⁵² Convention between Belgium and Portugal Regarding Various Questions of Economic Interest in the Colonies of the Belgian Congo and Angola, Sao-Paulo de Loanda, July 20, 1927, Art. 5. 71 L.N. Treaty Series 431; see ECE Report 198.

¹⁵³ Exchange of Notes between the United Kingdom and Portugal Constituting an Agreement Regarding Sovereignty over Islands in the River Rovuma and the Boundary between Tanganyika Territory and Mozambique, Lisbon, May 11, 1936, and Dec. 28, 1937, par. (3). 185 L.N. Treaty Series 205, 207; see ECE Report 194.

¹⁵⁴ Agreement between the Union of South Africa and Portugal Regulating the Use of the Waters of the Kunene River for the Purposes of Generating Hydraulic Power and of Inundation and Irrigation of the Mandated Territory of South West Africa, Capetown, July 1, 1926, par. 19. 70 L.N. Treaty Series 315; see ECE Report 197.

¹⁵⁵ Treaty of Arbitration between Spain and France, Paris, July 10, 1929. 148 L.N. Treaty Series 369; U.N. Survey 620.

¹⁵⁶ [1959-1960] I.C.J. Yearbook 250.

¹⁵⁷ Ibid. at 243, 250, 253.

¹⁵⁸ Ibid, at 254.

¹⁵⁹ L.N. Survey 117-118. Disputes are excluded which “affect the vital interests, the independence, or the honour of the two Contracting States.” (Art. 1.)

¹⁶⁰ Ghana—International Rights and Obligations, CMD. No. 345, at 3.

¹⁶¹ Letter from an official of the Government of Ghana to the author, June 9, 1959.

¹⁶² [1959-1960] I.C.J. Yearbook 240.

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Survey of Agreements Providing for Third-Party Resolution of International Waters Disputes

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Survey of Agreements Providing for Third-Party Resolution of International Waters Disputes

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