Trail Smelter Case The case is about the Trans-boundary pollution caused by the emission of sulphur dioxide from

smelter which processed lead and zinc since 1896 in Trail, British Columbia. The smoke caused damage to forests and crops in Canada-US border in Washington. Numbers of complaints and demands for compensation was sought. Since the dispute could not be resolved, the case was sent to the Arbitration Tribunal after both Governments sign the Convention for Settlement of Difficulties Arising from Operation of Smelter at Trail. It took 4 years to resolve as there is no case on air pollution has been brought to international tribunal before. The Tribunal had adopted the principle of state responsibility. There are four questions outline by Article III of the convention answered by the Tribunal as follows:(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? i. Tribunal held that the damage has occurred since the first day of January 1932 until first day of October 1937 only. No indemnity should be paid after the first day of October 1937. (2) In the event of the answer to the first part of the preceding question being is positive, to what extent should there be compensation? ii. Tribunal refrain Trail Smelter from causing damage in the State of Washington in the future as no state has the right to use or permit the use of its territory in such a manner to cause injury by fumes in or to the territory of another or the properties or persons therein. The indemnity for the damage shall be agreed upon by both Government acting under Article XI of the Convention. (3) In light of the answer to the preceding question, what measures or regime, if any, should be adopted or maintained by the Trail Smelter?

iii. Tribunal decides that a rgime like the maximum permissible sulphur emission and stacks should be applied to the operation of smelter and remains in full force and regulated under Section 3 paragraph VI in the case. (4) What indemnity or compensation, if any, should be paid because of any decision or decisions rendered by the Tribunal pursuant to the next two preceding questions? iv. Tribunal ruled that no compensations are to be paid in excess of the indemnity. It served as a compensation to answer Question 2 and 3 only. The Trail Smelter case becomes the leading case for air pollution in the context of International Law.