Showing papers on "Internal waters published in 1987"

Arctic baselines: a litore usque ad litus

Abstract: This article examines the validity of Canada's claim to exert sovereignty and control over the waters between the Canadian Arctic islands. The claim rests on two propositions. The first is that international law accepts Canada's recent decision to draw straight baselines in the Arctic. These baselines serve as the lines from which Canada's twelve mile territorial sea is measured seaward. Since they follow the perimeter of the Arctic archipelago, the baselines also have the very important effect of enclosing all the waters of the archipelago as internal waters. The second proposition relied upon by Canada is that customary international law gives Canada total control over activity in the internal waters enclosed by the Arctic baselines. The author concludes that Canada's claim is valid under international law, although not for the reason (historic title) publicly espoused by the Canadian government.

EEZ Governance in Australia, Canada, the United States and New Zealand

Abstract: All four nations listed in the title claim 200-mile exclusive resource zones based on the 1982 Law of the Sea Convention's exclusive economic zone (EEZ) and continental shelf provisions. These relatively new zones have been superimposed upon the more traditional marine zones recognized by international law - internal waters, territorial sea, contiguous zone, and continental shelf - and an English common law heritage. Constitutional arrangements with respect to federal-state (Australia, United States) and federal-provincial (Canada) roles offshore historically have followed remarkably similar paths that now are diverging in important ways which are the focus of this paper. New Zealand illustrates progressive EEZ management uncomplicated by the difficult federalism questions present in the other three. Australia and Canada illustrate creative approaches to overcoming EEZ federalism issues that have hindered improvements in United States EEZ management. From these experiences, suggestions for restructuring U. S. EEZ governance are derived.