1985 Polar Sea controversy
Encyclopedia
Northwest Passage
The Northwest Passage is a sea route through the Arctic Ocean, along the northern coast of North America via waterways amidst the Canadian Arctic Archipelago, connecting the Atlantic and Pacific Oceans...
from Greenland
Greenland
Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
to Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
without formal authorization from the Canadian government
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
. It was the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
’ position that the Northwest Passage was an international strait
Strait
A strait or straits is a narrow, typically navigable channel of water that connects two larger, navigable bodies of water. It most commonly refers to a channel of water that lies between two land masses, but it may also refer to a navigable channel through a body of water that is otherwise not...
open to shipping and it sought only to notify Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
rather than ask for permission.
Publication of the plans enraged the Canadian public opinion as it was regarded as a breach and disregard of sovereignty and prompted the government to take preventive measures in defending Canada’s arctic territories. The U.S. never recognized Canada’s claim over the Northwest passage but nevertheless, the two countries reached an agreement two years later which stipulated that in the future, the U.S. would ask permission before navigating the disputed waters.
Canada’s sovereignty over the region’s waters is still a contentious issue as of 2010 and is likely to become of increasing importance as climate change has the potential to render those waters more accessible to commercial ships and the thawing of the ice shelf of making oil drilling easier.
Exploring
Ever since the colonization of AmericaAmericas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
, the Northwest Passage had always been of special interest since it was speculated that it could offer a shortcut to Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
. Many attempts at crossing were made but very few succeeded due to the very unforgiving conditions that prevail in the Canadian Arctic
Arctic
The Arctic is a region located at the northern-most part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, Greenland, the United States, Norway, Sweden, Finland, and Iceland. The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost...
for most of the year. The British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
explorer Sir John Franklin actually found a passage between 1845 and 1847 but this achievement was not known until years later as he and his crew had perished on the journey
Franklin's lost expedition
Franklin's lost expedition was a doomed British voyage of Arctic exploration led by Captain Sir John Franklin that departed England in 1845. A Royal Navy officer and experienced explorer, Franklin had served on three previous Arctic expeditions, the latter two as commanding officer...
. Robert McClure
Robert McClure
Sir Robert John Le Mesurier McClure was an Irish explorer of the Arctic.In 1854, he was the first to transit the Northwest Passage , as well as the first to circumnavigate the Americas.-Early life and career:He was born at Wexford, in Ireland, the posthumous son of one of Abercrombie's captains,...
was the first explorer to survive the expedition
McClure Arctic Expedition
The McClure Arctic Expedition of 1850, among numerous British search efforts to determine the fate of the Franklin's lost expedition, is distinguished as the voyage during which Robert McClure became the first person to confirm and transit the Northwest Passage by a combination of sea travel and...
in 1850 but he completed the journey on a sled
Sled
A sled, sledge, or sleigh is a land vehicle with a smooth underside or possessing a separate body supported by two or more smooth, relatively narrow, longitudinal runners that travels by sliding across a surface. Most sleds are used on surfaces with low friction, such as snow or ice. In some cases,...
. It is only in 1906 that the passage was navigated entirely on water by the Norwegian explorer Roald Amundsen
Roald Amundsen
Roald Engelbregt Gravning Amundsen was a Norwegian explorer of polar regions. He led the first Antarctic expedition to reach the South Pole between 1910 and 1912 and he was the first person to reach both the North and South Poles. He is also known as the first to traverse the Northwest Passage....
. However, construction of the Panama Canal
Panama Canal
The Panama Canal is a ship canal in Panama that joins the Atlantic Ocean and the Pacific Ocean and is a key conduit for international maritime trade. Built from 1904 to 1914, the canal has seen annual traffic rise from about 1,000 ships early on to 14,702 vessels measuring a total of 309.6...
had already begun at that time and its completion in 1914 lessened the need for this route.
The Cold War
It was not until the Second World War that the passage was again explored. With the onset of the Cold WarCold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, the Canadian Arctic became the first line of defense against the Soviets so the U.S. and Canada developed a tight cooperation as the imperative to use this mostly empty territory as a buffer increased. Thus, many early warning systems such as the DEW Line, the Pinetree Line
Pinetree Line
The Pinetree Line was a series of radar stations located across the northern United States and southern Canada at about the 50th parallel north, along with a number of other stations located on the Atlantic and Pacific coasts. Run by NORAD , over half were manned by United States Air Force...
and the Mid-Canada Line
Mid-Canada Line
The Mid-Canada Line, also known as the McGill Fence, was a line of radar stations across the "middle" of Canada to provide early warning of a Soviet bomber attack on North America. It was built to supplement the less-advanced Pinetree Line, which was located further south...
were deployed in this region with the North Warning System
North Warning System
The North Warning System is a joint United States and Canadian radar system for the atmospheric air defense of North America. It provides surveillance of airspace from potential incursions or attacks from across North America's polar region...
still in use today.
SS Manhattan and the Arctic Waters Pollution Prevention Act
Following the discovery of large oil reserves in AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, the urge to make the Northwest passage navigable rose substantially. In 1969, the ice-strengthened oil tanker
Oil tanker
An oil tanker, also known as a petroleum tanker, is a merchant ship designed for the bulk transport of oil. There are two basic types of oil tankers: the crude tanker and the product tanker. Crude tankers move large quantities of unrefined crude oil from its point of extraction to refineries...
made the full voyage with the help of Canadian and American icebreakers. While the voyage was carried out with much difficulty, the mere fact that it was possible for a commercial ship to make it from Alaska to the East Coast
East Coast of the United States
The East Coast of the United States, also known as the Eastern Seaboard, refers to the easternmost coastal states in the United States, which touch the Atlantic Ocean and stretch up to Canada. The term includes the U.S...
was of much significance and prompted many questions over the passage’s status. Despite the cooperation of the two countries and the presence of observers on the tanker, public opinion reacted over this alleged breach of sovereignty, pushing the Canadian government to enact the Arctic Waters Pollution Prevention Act
Arctic Waters Pollution Prevention Act
The Arctic Waters Pollution Prevention Act is a Canadian government statute to prevent pollution of areas of the arctic waters adjacent to the mainland and islands of the Canadian arctic. The federal departments responsible for enforcing this Act is Natural Resources Canada, Transport Canada,...
of 1970. The act contained a reservation precluding it from review from the World Court
World Court
* any of the international courts located in The Hague:**the International Court of Justice , a UN court that settles disputes between nations...
which was removed in 1985 but at the time of the Polar Sea controversy, the act could still be considered unilateral.
Voyage
In 1985, USCGC Polar Sea sparked controversy by navigating the Northwest passage from Greenland to Alaska without formal authorization from the Canadian government. At the time, Polar Sea was on a routine resupply operation and it was deemed by the United States Coast GuardUnited States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
that utilizing the Northwest Passage instead of the Panama Canal would yield considerable savings in time. Permission for the voyage was not officially sought by the United States government because of its position that the Northwest Passage is an international strait open to shipping. Conversely, the Canadian government opinion was that the passage was within Canada’s border. Still, Canada was notified of the impending voyage and decided to cooperate with the Americans so as not to prejudice each state legal position amidst a climate already made tense by the Cold War. Hence, it provided Canadian observers that were to stay aboard the ship for its entire resupply operation. As plans for the icebreaker’s voyage became public, controversy arose in parliament with sides claiming the icebreaker’s voyage would violate sovereignty while others stated it did not and called the argument “deliberately anti-American”.
Controversy
Weighted against the strategic and economic interests in maintaining the status quoStatus quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
, it was deemed that the political risks incurred by the voyage of Polar Sea in 1985 were worth taking so it was decided that Polar Sea should proceed.
The magnitude of the reaction was underestimated and pressures from the public opinion on the Mulroney government forced it to take preventive measures. First were the Inuit
Inuit
The Inuit are a group of culturally similar indigenous peoples inhabiting the Arctic regions of Canada , Denmark , Russia and the United States . Inuit means “the people” in the Inuktitut language...
populations of the region who were concerned about the risks that an unregulated commercial passage would threaten their livelihood and compromise their ethnic integrity. Then, nationalists groups further increased pressure on the government trough editorials in the press and public protests. One group even announced plans during the Polar Sea voyage to place Canadian flags across the path of the icebreaker. This actual plan was not carried out but Canadian students and Inuit activists managed to drop leaflets in a cylinder wrapped with a Canadian Flag onto the deck of the ship near Melville Island. Their message requested that the crew return the icebreaker to international waters. Finally, the Soviet diplomacy spoke in support of the public outcry by stating that it believed in Canada’s right to sovereignty on its Northwest passage just like the USSR believed the Northeast passage belonged to them.
The U.S did not at the time recognize Canada’s rights to the Northwest. Interviewed following the USSR’s statement, the Bureau of European and Canadian Affairs simply replied that it
"can only repeat that the U.S. government believes the same navigational principles to apply to both passages. They are international straits. To say more than that would be speculative." In alignment with its foreign policy and as mandated by its geographical situation, the United States had consistently defended its right under international law to transit international straits and routes. Even when it formally ended its advocacy of the three mile limit in 1971, it urged the United Nations Committee on Peaceful use of the Seabed to agree upon a twelve mile limit
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
except when it changed the character of international straits.
Canada’s Reaction
In a storm of critics and letters at the government’s insufficient icebreaker fleet and lenient attitude together with the increasing concern that the voyage would undermine Canada’s sovereignty and set a precedent, the Mulroney government decided to take action. On 10 September 1985, invoking historic title as the basis for its claims, an order in council was passed that established straight baselines around the outer perimeter of the country, thereby affirming the Northwest Passage to be Canadian waters while vowing to enforce the Arctic Waters Pollution Prevention Act. Promises of increased naval and air patrolling were made and the program for the construction of new class 8 polar icebreakers was also put forward. That program was eventually canceled in 1990 due to budget cuts.U.S. position
This order contradicted the U.S. ocean’s policy and was disapproved of on the basis of its unilateralism and its restrictions on the rights and freedom of the international community in navigation and flight of the high seas. Moreover, the U.S. had not ratified the United Nations Convention on the Law of the Sea of 1982 which Canada used in claiming new baselines for its coasts.However, the rising concern of new generation Soviet nuclear submarine capability along with Canada’s intention to build its own fleet of such vessels and potentially interfering with American presence in the area prompted for a quick resolution of this issue. It was the Pentagon
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...
’s view that an increased assertion of Canada’s sovereignty in the north would compromise its ability to deploy forces for the defense of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
.
Agreement
On 11 January 1988, the U.S. secretary of stateUnited States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
George Schultz and the Canadian Foreign secretary Joe Clark
Joe Clark
Charles Joseph "Joe" Clark, is a Canadian statesman, businessman, and university professor, and former journalist and politician...
signed the Agreement on Arctic Cooperation. The two key clauses of this agreement were as follows:
- The Government of the United States pledges that all navigation by U.S. icebreakers within waters claimed by Canada to be internal will be undertaken with the consent of the Government of Canada.
- Nothing in this agreement of cooperative endeavor between Arctic neighbors and friends nor any practice thereunder affects the respective position of the Governments of the United States and Canada on the Law of the Sea in this or other maritime areas or their respective positions regarding third parties.
This agreement being de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
rather than de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
, it held no ground on international law. Nevertheless, it was the opinion of Canadian officials that any U.S. request for passage would only bolster Canada’s argument for sovereignty should the issue come before an international court. The U.S. were diligent in honoring their word, requesting passage under this agreement for in October 1988 when she was barred by an early surge of ice, preventing her return to her home port of Seattle through the Bering Strait
Bering Strait
The Bering Strait , known to natives as Imakpik, is a sea strait between Cape Dezhnev, Chukotka Autonomous Okrug, Russia, the easternmost point of the Asian continent and Cape Prince of Wales, Alaska, USA, the westernmost point of the North American continent, with latitude of about 65°40'N,...
. Regarding the U.S. cooperation in solving this diplomatic predicament, Prime Minister Brian Mulroney pointed out that "One of the great ironies of the position taken by the United States, if followed to its logical conclusion, is that it could lead to much further freedom of navigation in the Arctic for the Soviets."
Today
As of 2010, Canada’s sovereignty over the region’s waters is still a contentious issue. Many other potential infringements of Canada’s territorial claims (especially by military vessels, which sometimes operate under secrecy) were committed after the controversy.Most of the activities involving American submarines (including their current and past positions and courses) are classifiedClassified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
, so therefore under that policy the U.S. Navy has declined to reveal which route(s) the Charlotte took to reach and return from the Pole. Despite this, the U.S. Coast Guard has remained respectful of the agreement resulting from the controversy, which has helped to foster cooperation with the Canadian coast guard
Canadian Coast Guard
The Canadian Coast Guard is the coast guard of Canada. It is a federal agency responsible for providing maritime search and rescue , aids to navigation, marine pollution response, marine radio, and icebreaking...
in protecting the interests of the two countries in the Arctic and solving this dispute once and for all. This cooperation notably includes an ongoing joint program with the goal of gathering geological data that could help in delineating the continental shelf. This data would in turn help towards the preparation of a submission to the United Nations Commission on the Limits of the Continental Shelf for 2013 with the intention of fixing precise limits on where Canada may exercise sovereignty in the region.
Technological advances and a changing security environment made the sovereignty issue fall out of the spotlight in both countries, but recently, there has been renewed interest due to climate change
Climate change
Climate change is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years. It may be a change in average weather conditions or the distribution of events around that average...
making passage more accessible to commercial ships and oil drilling easier. As a result, Canada is seeing an upraise in political will towards international recognition of its rights over the region.
See also
- Canada - United States relations
- Northwest PassageNorthwest PassageThe Northwest Passage is a sea route through the Arctic Ocean, along the northern coast of North America via waterways amidst the Canadian Arctic Archipelago, connecting the Atlantic and Pacific Oceans...
- Territorial claims in the ArcticTerritorial claims in the ArcticUnder international law, no country currently owns the North Pole or the region of the Arctic Ocean surrounding it. The five surrounding Arctic states, Russia, the United States, Canada, Norway and Denmark , are limited to an exclusive economic zone of adjacent to their coasts.Upon ratification...
- Arctic explorationArctic explorationArctic exploration is the physical exploration of the Arctic region of the Earth. The region that surrounds the North Pole. It refers to the historical period during which mankind has explored the region north of the Arctic Circle...