Canadian Internal Waters

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Canadian Internal Waters is a Canadian legal term of art that refers to "...the waters on the landward side of the baselines of the territorial sea of Canada,...".[1] The waters include, but may not be limited to, the Strait of Juan de Fuca, Strait of Georgia, Queen Charlotte Sound, Hecate Strait, the Gulf of Saint Lawrence, the Bay of Fundy, and a section of the Northwest Passage.[1] [2]

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[edit] Dispute

The legal status of a section of the Northwest Passage is disputed: Canada considers it to be part of its internal waters, fully under Canadian juristriction, arguing that they are archipelagic waters under the United Nations Convention on the Law of the Sea.[3] According to the Ottawa Citizen, the United States and most maritime nations consider them to be an international strait, which means that foreign vessels have right of "transit passage".[2][4][5] In such a régime, Canada would have the right to enact fishing and environmental regulation, and fiscal and smuggling laws, as well as laws intended for the safety of shipping, but not the right to close the passage.[6][7]

[edit] See also

[edit] References

  1. ^ a b "TP 14202 E: Interpretation", Transport Canada, November 27, 2007. Retrieved on 2008-01-18. 
  2. ^ a b Nathan VanderKlippe. "Northwest Passage gets political name change", CanWest News Service, Sunday, April 09, 2006. Retrieved on 2008-01-18. 
  3. ^ UNCLOS part IV, ARCHIPELAGIC STATES. Admiralty and Maritime Law Guide (10 December 1982). Retrieved on 2008-01-18.
  4. ^ Rob Huebert (Winter 2001). "Climate Change and Canadian Sovereignty in the Northwest Passage". 86-94. ISUMA Retrieved on 2008-01-13.
  5. ^ Alanna Mitchell. "The Northwest Passage Thawed", Globe and Mail, Saturday, February 5, 2000, pp. A9. Retrieved on 2008-01-18. 
  6. ^ UNCLOS part III, STRAITS USED FOR INTERNATIONAL NAVIGATION. Admiralty and Maritime Law Guide (10 December 1982). Retrieved on 2008-01-18.
  7. ^ Matthew Carnaghan, Allison Goody. "Canadian Arctic Sovereignty", Library of Parliament, 26 January 2006. Retrieved on 2008-01-18. 

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