This Note argues that article II of the Boundary Waters Treaty, when applied, has failed to resolve international water disputes between the United States and Canada. Part I of this Note examines the history of the negotiations and the text of the Treaty. Part II reviews the subsequent application of article II to international water disputes. Part III analyzes recent U.S. proposals to divert water from Lake Michigan to drought-stricken areas in the context of the Treaty and customary international water law. This Note concludes that article II of the Boundary Waters Treaty is inadequate to resolve water disputes between the U.S. and Canada and should be renegotiated to reflect customary principles of international water law.
Tim A. Kalavrouziotis,
U.S.-Canadian Relations Regarding Diversions from an International Basin: An Analysis of Article II of the Boundary Waters Treaty,
12 Fordham Int'l L.J. 658
Available at: http://ir.lawnet.fordham.edu/ilj/vol12/iss4/2