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Salt Water Neighbors International Ocean Law Relations Between the United States and Canada

Salt Water Neighbors International Ocean Law Relations Between the United States and Canada

Author: Ted L. McDorman
Publisher: Oxford University Press USA
ISBN: 9780195383607
Published In: February 2009
Format: Hardback , 416 pages
Jurisdiction: Canada, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Addresses the controversy over the international legal status of and navigational rights that exist within the United States and Canada
Analyzes the fisheries and maritime boundary dispute in the Gulf of Maine region between Maine and Nova Scotia/New Brunswick that arose in the 1970s
"This book also addresses the difficulties between Canada and the United States in reaching agreement and management arrangements respecting Pacific salmon that has a negotiating history back to the 1930s but, as a result of 200 nautical mile zones and differing assessments of national interests and interpretation of treaty wording, caused serious difficulties in the1980s and 1990s and may emerge again as an issue in the near future"

The United States and Canada are salt water neighbors on the Atlantic, Pacific and Arctic Oceans. Despite the general closeness of the political, economic and social relationship, the two States have approached their offshore areas from different perspectives. Canada has long supported expansion of exclusive national control over its adjacent offshore; whereas the United States has been concerned with the balance between national authority and international navigation rights. Canada has tended to view maritime disputes with the United States as local matters; whereas the United States has tended to see the disputes with Canada in global terms.

Against this background, Salt Water Neighbors examines both the international ocean law disagreements that exist between the United States and Canada respecting maritime boundaries, fisheries and navigation rights (e.g., the Northwest Passage) and the numerous cooperative bilateral arrangements that have prevented these disputes from being significant causes of friction between the neighbors. There has not been a comprehensive book-length study of United States-Canada international ocean relations since the early 1970s. Much has changed in the last 30 years. Most importantly, the law and the nature of the disputes between the two States have changed as a result of the adoption of 200 nautical mile zones in the late 1970s.

Readership: Government officials, academics, graduate students and practitioners (law, political science, international relations, and others) that need/want a comprehensive and authoritative review and analysis of the ocean disputes between Canada and the United States and how the two States have worked to manage those disputes

Preface
List of Treaties
List of International Cases
Chapter One -- INTRODUCTION
Part A
1.0
Introduction
2.0
Context of the Canada-U.S. Ocean Relationship
Perception/Interests
Pragmatism (Agreeing-to-Disagree)
Avoiding Resolution
The Other Neighbours
Broader Bilateral Relationship
History
3.0 LOS Convention, International Law and National Offshore Zones
International Law: Treaties, Custom and Adjudication
Offshore Zones
Part B
4.0 A Few Words on Other Treaties and Ocean Governance
Ocean Fora
Deep Seabed Mining
Ship Safety and Vessel-Source Pollution
Land-Based Sources of Marine Pollution
Fisheries
Whaling
Biodiversity
Port Security and Terrorism at Sea
ANNEX
Chapter Two -- 1970: THE LANDMARK YEAR
1.0 Introduction
2.0 1970: The Year of Transition of International Ocean Law
3.0
Canadian Actions in 1970
Continental Shelf
Territorial Sea and Fishing Zones
Arctic Waters Pollution Prevention Act
Functionalism and Unilateralism
4.0The Canada-U.S. Ocean Relationship Emerging from 1970
Differing Ocean Interests and Approaches
Agreeing-to-Disagree
5.0Continuing Echo of 1970
Chapter Three -- UNCLOS III AND THE LOS CONVENTION
1.0 Introduction
2.0 At UNCLOS III
Offshore Resources
Navigation and Vessel-Source Pollution Issues
Common Heritage of Mankind and Deep Seabed Mining
3.0 The LOS Convention
Adoption of the Convention and the 1980s
Party Status
4.0 Conclusion
Chapter Four -- CANADA - UNITED STATES MARITIME BOUNDARIES
1.0
Introduction
Part A
2.0 Agreed Canada - U.S. Maritime Boundaries
Juan de Fuca Strait
Passamaquoddy Bay
Portland Canal - The 1903 Alaska Boundary Arbitration
3.0 The 1984 Gulf of Maine Case
Getting to Court
Proposed Boundary Lines
Judgment of the Court
Aftermath
Part B
An Overview of Maritime Boundary Delimitation Law
State Practice
The Law - The Two-Step Process
5.0 Unresolved Maritime Boundaries
British Columbia/Alaska Maritime Boundaries
British Columbia/Washington Maritime Boundary
Seaward of the Gulf of Maine
Beaufort Sea

Ted McDorman is a Professor of Law at the University of Victoria, British Columbia. He has published over 100 articles regarding ocean law and policy issues and since 2000 has been the Editor-in-Chief of Ocean Development and International Law, North America's premier ocean law journal.

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