About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (October 23, 2017)

handle is hein.crs/goveaqd0001 and id is 1 raw text is: C o g r s i o a R e e a h S e r v i c S October 23, 2017 U.S.-Canada International Joint Commission (IJC) Overview The International Joint Commission (IJC) was established under the 1909 Boundary Waters Treaty (Treaty) between the United States and Canada. The purpose of the IJC is to aid in the resolution and prevention of disputes between the United States and Canada over uses of boundary waters, including issues related to drinking water, commercial shipping, hydroelectric power generation, agriculture, industry, recreational boating, and shoreline property (Figure 1). The IJC is a nonregulatory entity and makes nonbinding decisions on issues within its purview. Congressional interest in the IJC has focused on the IJC's scope of authority, its role in specific disputes, and funding for the U.S. portion of IJC activities. How the IJC Functions The IJC functions as a nonpolitical research, advisory, and mediation body for the two governments, which have referred matters to it by mutual consent. Its decisions and recommendations are the result of objective analysis, and are not intended to reflect U.S. or Canadian national policies. Commissioners do not formally represent their countries, and must declare in writing that they will be impartial when carrying out their duties. The IJC needs a quorum of four to make decisions, and generally reaches decisions through consensus and not through formal votes. The IJC has six commissioners: three are appointed by the U.S. President with the approval of the Senate. One commissioner from each country is selected as a chair; both serve concurrently. The U.S. commissioners do not serve a fixed term; they serve at the pleasure of the President. New Figure 1. U.S.-Canada Transboundary Watersheds commissioners historically have been nominated about a year following a new administration. Canadian commissioner terms usually vary from two to five years. The IJC currently supervises 17 boards and task forces that oversee projects; these working groups draw upon the expertise of around 300 representatives from academia, government, and nonprofit organizations. The IJC actively solicits input from all interested parties on any transboundary water and air quality issues that it is investigating and holds public hearings and invites public comment before issuing a final report. The IJC is commonly assigned two types of tasks: references and orders of approval, which are discussed below. Reference A reference addresses a question or a matter of difference between the United States and Canada, with respect to provisions of the 1909 Treaty found in Article IX or X. A reference is usually submitted to the IJC by both countries, although it could come from just one country. If jointly submitted, the reference contains specific questions for the IJC to answer and a time frame for a response. The IJC generally appoints a board or task force to conduct technical investigations to inform reference decisions. Public hearings and other forms of consultation are held, and a report with findings and recommendations is prepared. Once the IJC issues a report, the governments may request the IJC appoint a board to monitor progress in implementing that report's recommendations. Although reference recommendations are not binding, they are usually accepted by the Canadian and U.S. governments. Source: CRS, modified from U.S. Geological Survey, at https://www.sciencebase.gov/catalog/item/4fb697b2e4b03ad I9d64b47f. Notes: The Boundary Waters Treaty covers the waters from the main shores of Canada and the United States that include the international boundary between the two countries. This includes rivers, lakes, and connecting waterways, but not tributary waters into these areas. The IJC covers boundary waters and sometimes addresses basin-wide issues.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most