The North American Great Lakes

Noah D. Hall, Wayne State University Law School

Abstract

The Great Lakes are a vast resource shared by two countries, ten states and provinces, and hundreds of Indian tribes or First Nations. They are the quintessential commons that have seen their share of tragedies. Addressing competing pressures of economic development and environmental protection is only part of the challenge. The real struggle has been governance: How is management of an international transboundary resource best accomplished under the legal and political limitations of constitutional federalism? This chapter analyses the international agreements, court decisions, interstate compacts, and federal statutes that created a transboundary water regime, considering in detail the Great Lakes– St. Lawrence River Basin Sustainable Water Resources Agreement and Great Lakes–St. Lawrence River Basin Water Resources Compact as models for responding to stresses on transboundary water resources from climate change.