3246 Payment by Canada for dama~es occurring prior to 1932. Tribull!l\ consti- tut,,·.\. INDEMNITY-CANADA. APRIL 15, 1935. Who, after having communicated to each other their full powers; found in good and due form, have agreed upon the following Articles: ARTICLE I The Government of Canada will cause to be paid to the Secretary of State of the United States, to be deposited in the United Statc:s Treasury, within three months after ratifications of this Conven- tion have been exchanged, the sum of three hundred and fifty thou- sand dollars, United States currency, in payment of all damag" which occurred in the United States, prior to the first day of Janu- ary, 1932, as a result of the operation of the Trail Smelter. ARTICLE II The Governments of the United States and of Canada, herein- after referred to as "the Governments ", mutually agree to consti- tute a tribunal hereinafter referred to as "the Tribunal ", for the purpose of deciding the Questions referred to it under the provisions of Article III. The Tribunal shall consist of a chairman and two national members. Chairman, quaiifica- The chairman shall be a tj·urist of repute who is n~ither a British tlons, selection, etc. b· . . fh . dS HhIIbh bh BU Ject nor a CItIzen 0 t e mte tates. esa ecosenyte Vol. 36, p. 2221. Governments, or, in the event of failure to reach agreement within nine months after the exchange of ratifications of this Convention, by the President of the Permanent Administrative Council of the Permanent Court of Arbitration at The Hague described in Article 49 of the Convention for the Pacific Settlement of International Disputes concluded at The Hague on October 18, 1907. The two national members shall be jurists of repute, who have not been associated directly or indirectly. in the present controversy. One member shall be chosen by each of the Governinents. The Governments may each designate a scientist to assist the Tribunal. ARTICLE III QUl<~tions to be adju- The Tribunal shall finally decide the questions, hereinafter referred dicated. to as "the Questions ", set forth hereunder, namely:- Law and practice. (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 dam- age in the State of )Vashington in the future and, if so, to what extent ~ (3) In the light of the answer to the preceding Question, what measurcs or regime, if any, should be adopted or main- tained by the Trail Smelter? (4) "That indemnity or compensation, if any, should be paid on account of any decision or decisions rendered by the Tri- bunal pursuant to the next two preceding Questions ~ ARTICLE IV Tho Tribunal shall apply the law and practice followed in dealing with cognate questions in the United States of America as well as International Law and Pradice, and shall give consideration to the desire of the High Contracting Parties to reach a solution just to all parties concerned.
