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Show 418 INTERNATIONAL TREATIES ARTICLE XVH Restoration of Pre-Treaty Legal Status (1) Nothing in this Treaty and no action taken or foregone pur- suant to its provisions shall be deemed, after its termination or expira- tion, to have abrogated or modified any of the rights or obligations of the United States of America or Canada under then existing interna- tional law, with respect to the uses of the water resources of the Colum- bia River basin. (2) Upon termination of this Treaty, the Boundary Waters Treaty, 1909, shall, if it has not been terminated, apply to the Columbia River basin, except insofar as the provisions of that Treaty may be incon- sistent with any provision of this Treaty which continues in effect. (3) Upon termination of this Treaty, if the Boundary Waters Treaty, 1909, has been terminated in accordance with Article XIV of that Treaty, the provisions of Article II of that Treaty shall continue to apply to the waters of the Columbia River basin. (4) If upon the termination of this Treaty Article II of the Bound- ary Waters Treaty, 1909, continues in force 'by virtue of paragraph (3) of this Article the effect of Article II of that Treaty with respect to the Columbia River basin may be terminated by either the United States of America or Canada delivering to the other one year's written notice to that effect; provided however that the notice may be given only after the termination of this Treaty. (5) If, prior to the termination of this Treaty, Canada undertakes works usable for and relating to a diversion of water from the Co- lumbia River basin, other than works authorized by or undertaken for the purpose of exercising a right under Article XIII or any other provision of this Treaty, paragraph (3) of this Article shall cease to apply one year after delivery by either the United States of America or Canada to the other of written notice to that effect. ARTICLE XVIII Liability for Damage (1) The United States of America and Canada shall be liable to the other and shall make appropriate compensation to the other in respect of any act, failure to act, omission or delay amounting to a breach of the Treaty or of any of its provisions other than an act, failure to act, omission or delay occurring by reason of war, strike, major calamity, act of God, uncontrollable force or maintenance curtailment. (2) Except as provided in paragraph (1) neither the United States of America nor Canada shall be liable to the other or to any person in respect of any injury, damage or loss occurring in the territory of the other caused by any act, failure to act, omission or delay under the Treaty whether the injury, damage or loss results from negligence or otherwise. (3) The United States of America and Canada, each to the extent possible within its territory, shall exercise due diligence to remove the cause of and to mitigate the effect of any injury, damage or loss |
