Canadian Internal Waters


Canadian Internal Waters

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,...".cite news
url=http://www.tc.gc.ca/marinesafety%5CTP%5CTP14202%5Cinterpretation.htm
title=TP 14202 E: Interpretation
publisher=Transport Canada
author=
date=November 27 2007
accessdate=2008-01-18
] 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. cite news
url=http://www.canada.com/ottawacitizen/news/story.html?id=6d4815ac-4fdb-4cf3-a8a6-4225a8bd08df&k=73925
title=Northwest Passage gets political name change
page=
pages=
publisher=CanWest News Service
author=Nathan VanderKlippe
date=Sunday, April 09, 2006
accessdate=2008-01-18
]

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.cite web
url=http://www.admiraltylawguide.com/conven/unclospart4.html
title=UNCLOS part IV, ARCHIPELAGIC STATES
publisher=Admiralty and Maritime Law Guide
date=10 December 1982
accessdate=2008-01-18
] 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".cite paper
url=http://www.isuma.net/v02n04/huebert/huebert_e.shtml
title=Climate Change and Canadian Sovereignty in the Northwest Passage
pages=86-94
publisher=ISUMA
author=Rob Huebert
date=Winter 2001
accessdate=2008-01-13
] cite news
url=http://www.carc.org/whatsnew/writings/amitchell.html
title=The Northwest Passage Thawed
pages=A9
publisher=Globe and Mail
author=Alanna Mitchell
date=Saturday, February 5, 2000
accessdate=2008-01-18
] 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.cite web
url=http://www.admiraltylawguide.com/conven/unclospart3.html
title=UNCLOS part III, STRAITS USED FOR INTERNATIONAL NAVIGATION
publisher=Admiralty and Maritime Law Guide
date=10 December 1982
accessdate=2008-01-18
] [cite news
url=http://www.parl.gc.ca/information/library/PRBpubs/prb0561-e.htm#Challenges
title=Canadian Arctic Sovereignty
publisher=Library of Parliament
author=Matthew Carnaghan, Allison Goody
date=26 January 2006
accessdate=2008-01-18
]

ee also

*Territorial claims in the Arctic

References

External links

* [http://www.canlii.org/ca/sta/o-2.4/sec5%2Ehtml Oceans Act PART I: CANADA’S MARITIME ZONES Territorial Sea and Contiguous Zone Section 4]
* [http://www.canlii.org/ca/sta/o-2.4/sec5%2Ehtml Oceans Act PART I: CANADA’S MARITIME ZONES Territorial Sea and Contiguous Zone Section 5]


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