From supranational to intertribal - Governing Transboundary Waters: Canada, the United States, and Indigenous Communities - page 78

Notes
1 Specifically, four main issues that influenced the BWT negotiations were the

transportation of the St. Lawrence Sea Way Project, water allocation of the St. Mary
and Milk Rivers, Niagara River hydro development, and pollution in the Chicago
Drainage Canal.

2 Although the British were one of the signatories and designers of the Treaty, they

ultimately had no part in one of its main developments. Despite their lack of direct
governance within the IJC, the power relations between the UK, Canada, and the U.S.
had a significant impact on the negotiation of the Treaty and the boundaries of the
Commission. At the time of Treaty negotiation, there was a delicate balance between
the UK and America. Other foreign events such as the negotiation for Alaska Territory
also shaped the final version of the Treaty.

3 U.S. Attorney General Judson Harmon, in response to Mexican protests, noted that

“the fundamental principle of international law is the absolute sovereignty of every
nation, as against all others, within its own Territory” 21 Op. Attorney General. 281-282
(1895). For a review of the impacts of the Harmon Doctrine on Canada-United States
relations, see McCaffrey (1996).

4 Within the Treaty, the Boundary Waters define the waters from main shore to main

shore of the rivers, lakes, and other waterways along which the international boundary
passes.

5 The reference process, however, continues to evolve as the IWI evolves. As Clamen

notes (2014) the IJC is now initiating projects with Watershed Boards that up to now
might have been references.

6 Also available at: www.greatlakescommons.org/wp-content/uploads/2013/04/Tribal-

and-First-Nations-Great-Lakes-Water-Accord.pdf.

7 Kliot et al. , 2001; Giordano et al. , 2002; Yoffe et al. , 2003; Dinar, 2004; Espey and

Towfique, 2004.

8 See Fischhendler and Feitelson, 2005 and Norman and Bakker, 2009 for an exception.