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FOREWORD This volume contains the Award rendered in 2004 in one of the few inter- tional watercourse arbitrations ever conducted, by the arbitral tribunal est- lished to decide the dispute between the Kingdom of the Netherlands and the Republic of France concerning the auditing of accounts in relation to the red- tion of chloride discharges into the Rhine River. In 1976, five countries bord- ing the Rhine (France, the Netherlands, Switzerland, Luxembourg and Germany) signed the Convention on the Protection of the Rhine against Pollution by Ch- rides, with the aim of reducing the level of chloride ions in the Rhine. An Ad- tional Protocol, the objective of which was to improve the quality of the Rhine's waters and, in particular, reach a definitive solution to the problems associated with reducing chloride concentration in the Rhine, was added in 1991. The P- tocol, inter alia, imposed obligations on France to undertake certain measures. The costs of these measures were to be shared between four of the five states parties according to a specific formula. This dispute between the Netherlands and France concerned the interpre- tion and implementation of the Protocol's cost-sharing formula and the meth- ology of calculation to be used in the final auditing of financial contributions paid in advance by the Netherlands to France. An arbitral tribunal, established in 2000 in accordance with Annex B of the Convention, was comprised of Judge Pieter H.
List of contents
The "Rhine Chlorides" Arbitration Concerning The Auditing of Accounts (Netherlands-France) Its Contribution to International Law.- Case Concerning The Auditing of Accounts Between The Kingdom of The Netherlands and The French Republic Pursuant to The Additional Protocol of 25 September 1991 to The Convention on The Protection of The Rhine Against Pollution By Chlorides of 3 December 1976.- Declaration of Mr. Gilbert Guillaume.
About the author
The century-old Permanent Court of Arbitration (PCA), an independent intergovernmental organization, was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference. There are currently 106 Member States which are parties to one or both of the Conventions.
Summary
With an Introduction by Professor Laurence Boisson de Chazournes
The “Rhine Chlorides” Arbitration (2004), one of the few international watercourse arbitrations yet conducted, decided the dispute between the Netherlands and France concerning the auditing of accounts in relation to the reduction of chloride discharges into the Rhine River. France was obliged to undertake certain measures under the Additional Protocol of 1991 to the 1976 Convention on the Protection of the Rhine against Pollution by Chlorides, with the costs to be shared between four of the five states parties (The Netherlands, Switzerland, Luxembourg and Germany) according to a specific formula. The Arbitral Tribunal was required to interpret and implement this formula and determine the methodology of calculation to be used in the final auditing of financial contributions paid in advance by The Netherlands to France.
The Award was rendered in French, and thisunique bi-lingual edition includes its first, unofficial, English translation. An introduction by Professor Laurence Boisson de Chazournes skillfully analyses the Award, discussing the aspects of treaty interpretation that came into play and highlighting the importance of the economic aspects of environmental protection and of the management of international watercourses.
