Report Submitted To The Trail Smelter Arbitral Tribunal - Part I. - Operational Features Of Trail Smelter - Introduction - Instructions Given By Tribunal

As set forth in the decision of the Trail Smelter Arbitral Tribunal, dated April 16, 1938 This Tribunal is constituted under and its powers are derived from and limited by the convention between the United States of America and the Dominion of Canada signed at Ottawa, April 15, 1935, duly ratified by the two parties and ratification exchanged at Ottawa, August 3, 1935 (hereinafter termed "the Convention") . . . The duty imposed upon the Tribunal by the Convention was to "finally decide" the following questions: (1) Whether damage caused by the Trail Smelter in the State of Washington has occurred since the first day of January 1932, and, if so, what indemnity should be paid therefor? (2) In the event of the answer to the first part of the preceding Question being in the affirmative, 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? (3) In the light of the answer to the preceding Question, what measures or regime, if any, should be adopted or maintained by the Trail Smelter? (4) What indemnity or compensation, if any, should be paid on account of any decision or decisions rendered by the Tribunal pursuant to the next two preceding Questions? In this decision reported to the Government of the United States of America and to the Government of the Dominion of Canada, the Tribunal answered the first question in its entirety and reserved decision on the other three questions in accordance with the following extract from their decision