The Northwest Passage Dispute (original) (raw)

GAINING COMMAND & CONTROL OF THE NORTHWEST PASSAGE STRAIT TALK ON SOVEREIGNTY

Transportation Law Journal, 2007

This paper is an exploration of the substantive merit of Canada’s position on the Northwest Passage (NWP), that the waters of the Arctic Archipelago through which the NWP passes are its internal waters. In particular, is Canada justified in its claim and what legal premises support its position? And, furthermore in view of the conflicting claim of the United States of its right of innocent passage through an international strait what probable means of middle ground may be employed to amicably resolve this dispute between two of the worlds most neighborly nations.

Reconsidering the Northwest Passage in US Canada Relations

Reconsidering the Northwest Passage: Arctic Sovereignty and Continental Security in US-Canada Relations, 2024

The Northwest Passage is core to Canada’s national identity. Canadian asserts sovereignty over what it considers to be its historical internal waters, while the United States insists that the Passage is an international strait. Despite these divergent legal positions, this book charts enduring cooperation and collaboration between the two allies, who balanced sovereignty and continental security as the Arctic grew in geostrategic importance during World War II and the Cold War. Adopting a broader definition of continental security in light of climate change and new threats to the Arctic in the post-Cold War era, Elliot-Meisel argues that, in the interests of North American security, United States should recognize Canadian sovereignty over the Passage, while Canada should welcome a regular U.S. presence in the Passage.

Emerging legal concerns in the Arctic: sovereignty, navigation and land claim disputes

Polar Record, 2009

ABSTRACTWith global warming, the clearance of the Northwest Passage and the rising demands for new energy resources, the sovereignty of Canadian and other national land claims in the Arctic north is coming into question by those wishing to control access to this region. The present paper examines issues involving emerging landmasses, maritime rights, strategic control and navigation, perhaps the most important variable, and the consequences in terms of commercial economies and geopolitical impacts. We consider many variables such as the 1982 Falkland Islands war as a demonstrative example that may have translatable impact in future years. Our purpose in this paper is to raise awareness of impending geopolitical activities that are inevitable during the 21st century as the Arctic pack ice retreats.

From the Northwest Passage to the Canadian Inland Waters: Political History of the Canadian Arctic Waters

2008, From the Northwest Passage to the Canadian Inland Waters: Political History of the Canadian Arctic Waters, „Ad Americam", vol. 9, pp. 49-59. The North is one of the most important Canadian myths. Northern geography and concern for the North are treated by Canadians as distinct features, symbols of their country and an important part of their national identity. The theme of my presentation is a change in the official name of the Canadian northern sea route through the Arctic Archipelago, which connects the Atlantic and Pacific Oceans and is the shortest way from the east to west coasts of North America. For centuries the passage has been referred to as the Northwest Passage and has become part of a northern myth. However, in 2006 the Canadian Army decided to change the official name to the Canadian Inland Waters. The alteration was politically motivated and has its roots in a controversy over the legal status of the channels and straits of the Northwest Passage, which star...

The Arctic: Potential for Conflict amidst Cooperation

Http Dx Doi Org 10 1080 09700161 2013 802521, 2013

C hanges in the Arctic topography due to climate change have resulted in the region, which erstwhile was remote with little accessibility, to being accessible with potential natural resources and attractive navigable sea areas. The prospects have also influenced the strategic contours of the Arctic and brought in many actors that view the region as a resource-rich area with viable commercial interests. The Arctic attraction has gained significance as an economic goldmine with estimates indicating the region to hold about 22 per cent of the undiscovered, technically recoverable resources in the world. The approximate breakdown as per a US Geological Survey report is about 13 per cent of the undiscovered oil, 30 per cent of the undiscovered natural gas, and 20 per cent of the undiscovered natural gas liquids in the world. About 84 per cent of the estimated resources are expected to occur offshore. 1 The Arctic is considered a stable region due to tacit understandings, mutual trust and well established mechanisms that exist between the Arctic nations that are based on international law, existing frameworks and diplomatic overtures. However, there are underlying stress points that cannot be ignored and these include overlapping maritime claims, interpretation of the laws involved (specifically UNCLOS), a growing dependency on the region to fuel national energy and a slow militarisation of the region brought about by nations shifting focus on their Arctic military capabilities and capacities. These stresses could threaten the prevailing peace and stability and lead to a possible conflict where national interests, especially sovereignty issues, clash. This article will examine the growing, albeit slow militarisation that could lead to potential conflict despite the growing cooperation in the Arctic. Maritime claims and differences 'Ownership of the Arctic is principally determined by ownership of land in the Arctic, by scientific data, by the international law of the sea and by the domestic law of Arctic states'. 2 However, the issue of unsettled maritime borders is significant and needs closer examination. Some of the difficult and emotive issues are the Danish-Canadian disagreement over Hans Island, the Canadian-US differences on the Beaufort Sea as well as the differing views on the status of the Northwest passage, the US-Russia dispute in the Bering Sea and the Lomonosov Ridge between Canada, Russia, and Denmark. Although Russia and Norway settled the 40-year-long dispute over the

Resolution at the Intersection of Sovereignty and Security in the Northwest Passage Dispute

Ocean Development and International Law, 2024

n this era of accelerated climate change and increased access to the waters of North America’s High Arctic, as well as the uncertain future of an increasingly alliance-skeptical United States in some influential circles and the rapidly moving international tensions, uncertainty surrounds the issue. A resolution at the intersection of sovereignty and security in the Northwest Passage dispute rejects an absolutist approach to sovereignty or precedent, and instead recognizes Canadian sovereignty to the Passage, allowing it to close off the Passage to any hostile forces, while allowing the Americans access to the Passage to protect the continent. It is a cooperative United States–Canada arrangement that will secure the continent for both countries.