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The United Nations Convention on the Law of the Sea (1982) brought forth an international set of legal standards for rules and regulations on the law of the sea. Canada’s underlying position – before and during the convention itself – sought international recognition over territorial rights to the entire Northwest Passage. The ability for sea ice to effectively enclose the Canadian Arctic Archipelago during the winter season and link various islands presented an issue of recognizing this area as internal Canadian territory.
Political willpower enabled the adoption of Article 234 within the UN Law of the Sea Treaty. Article 234 provided Canadian officials with a so-called “exemption” status in regards to its Arctic waters. Within Article 234, waters that were considered ice-covered for the majority of the year enabled coastal states to adopt non-discriminatory laws and regulations for the prevention and reduction of marine pollution that could otherwise impede the ecological environment of such said territory; Canada’s Arctic Waters Pollution Prevention Act (1970) provides its officials with legal jurisdiction in this regard.
Presently, the combination of continued sea ice reductions within the Canadian Arctic Archipelago and advancements in marine technology are pressing an eventual requirement to revise the definition associated with Article 234, specifically as it relates to waters being ice-covered for the majority of the year. An end-result of juridical claim to the Northwest Passage creates a host of responsibilities (security, environmental, economic) and defining proper authority in light of a changing climate is desired.
Canada’s strongest ally – United States – is also the biggest proponent to not recognize the Northwest Passage as Canadian territory. |