EXAMINING THE THRESHOLDS OF HARM FOR INTERNATIONAL WATERCOURSES IN THE CANADA-US CONTEXT: WOULD A MINING DEVELOPMENT IN THE FLATHEAD RIVER WATERSHED VIOLATE THE BOUNDARY WATERS TREATY?

摘要

The concept of water for all not only involves the provision of water for all but the equitable utilization of watercourses for all. This is a particularly difficult objective in international watercourses which lie outside the scope of a single national government which could ensure equitable utilization among the users of a watercourse. The Flathead River is a relatively pristine transboundary watercourse flowing from Canada into the United States. A mining development is being proposed in the Canadian portion of the watershed. The Boundary Waters Treaty governs disputes over water quality between the two countries and Article IV of the treaty prohibits transboundary pollution that causes injury (harm) to health or property. This article examines whether the proposed mine would cause harm resulting in a violation of this provision and where the threshold of harm lies.