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 part of the Northwest Passage.[1] [2]
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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 according to 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]
See also
References
- ^ a b "TP 14202 E: Interpretation". Transport Canada. November 27, 2007. http://www.tc.gc.ca/marinesafety%5CTP%5CTP14202%5Cinterpretation.htm. Retrieved 2008-01-18.
- ^ a b Nathan VanderKlippe (April 9, 2006). "Northwest Passage gets political name change". CanWest News Service. http://www.canada.com/ottawacitizen/news/story.html?id=6d4815ac-4fdb-4cf3-a8a6-4225a8bd08df&k=73925. Retrieved 2008-01-18.
- ^ "UNCLOS part IV, ARCHIPELAGIC STATES". Admiralty and Maritime Law Guide. 10 December 1982. http://www.admiraltylawguide.com/conven/unclospart4.html. Retrieved 2008-01-18.
- ^ Rob Huebert (Winter 2001). Climate Change and Canadian Sovereignty in the Northwest Passage. ISUMA. pp. 86–94. http://web.archive.org/web/20020131061534/http://www.isuma.net/v02n04/huebert/huebert_e.shtml. Retrieved 2008-01-13.
- ^ Alanna Mitchell (February 5, 2000). "The Northwest Passage Thawed". Globe and Mail. pp. A9. http://web.archive.org/web/20071228222850/http://www.carc.org/whatsnew/writings/amitchell.html. Retrieved 2008-01-18.
- ^ "UNCLOS part III, STRAITS USED FOR INTERNATIONAL NAVIGATION". Admiralty and Maritime Law Guide. 10 December 1982. http://www.admiraltylawguide.com/conven/unclospart3.html. Retrieved 2008-01-18.
- ^ Matthew Carnaghan, Allison Goody (26 January 2006). "Canadian Arctic Sovereignty". Library of Parliament. http://www.parl.gc.ca/information/library/PRBpubs/prb0561-e.htm#Challenges. Retrieved 2008-01-18.
External links
- Oceans Act PART I: CANADA’S MARITIME ZONES Territorial Sea and Contiguous Zone Section 4
- Oceans Act PART I: CANADA’S MARITIME ZONES Territorial Sea and Contiguous Zone Section 5
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