| Through the Boundary Waters Treaty of 1909, an independent bilateral institution known as the International Joint Commission was created to help prevent and resolve disputes regarding to the use and quality of boundary waters between Canada and the United States. The Treaty gave the Commission powers of application, reference and arbitration. This institution has been hindered by internal and external barriers that prevent the use of its three functions. The internal barriers, within the structure and process of the institution include: institutional capacity, accountability, and constraints of the Boundary Waters Treaty of 1909. External barriers, outside of the structure and process of the Commission include: jurisdictional complexity and political realities. Under the current agreements, and within the current practices, the Commission does not have the ability to fulfill its role in the management of the transboundary waters between Canada and the United States. |
