Canada–France Maritime Boundary Case
Encyclopedia
The Canada–France Maritime Boundary Case was a 1992 dispute between Canada
and France
that was decided by a court of arbitration which was created by the parties to resolve the dispute. The case established the extent of the Exclusive Economic Zone
of the French territory of Saint Pierre and Miquelon.
that delimited
the territorial maritime boundary
between Canada and the French territory of Saint Pierre and Miquelon. However, the maritime boundaries beyond the territorial sea (including extent of the Exclusive Economic Zone
s (EEZ) of both countries) continued to be disputed. The extent of each country's EEZ was significant because it would determine where the countries had an exclusive right to fish. Years of failed negotiations led Canada and France to agree in March 1989 to establish an ad hoc arbitration court that would resolve the dispute.
was composed of five arbitrators—three neutral parties and one representative from both countries. The neutral arbitrators were Eduardo Jiménez de Aréchaga
of Uruguay
(president), Gaetano Arangeo-Ruiz of Italy
, and Oscar Schachter
of the United States
. Canada's representative was Allan Gotlieb
and France's was Prosper Weil
.
The award was approximately 18% of the territory that France had initially been claiming.
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...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
that was decided by a court of arbitration which was created by the parties to resolve the dispute. The case established the extent of the Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
of the French territory of Saint Pierre and Miquelon.
Background
In 1972, Canada and France signed a treatyTreaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
that delimited
Boundary delimitation
Boundary delimitation, or simply delimitation, is the term used to describe the drawing of boundaries, but is most often used to describe the drawing of electoral boundaries, specifically those of precincts, states, counties or other municipalities...
the territorial maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
between Canada and the French territory of Saint Pierre and Miquelon. However, the maritime boundaries beyond the territorial sea (including extent of the Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
s (EEZ) of both countries) continued to be disputed. The extent of each country's EEZ was significant because it would determine where the countries had an exclusive right to fish. Years of failed negotiations led Canada and France to agree in March 1989 to establish an ad hoc arbitration court that would resolve the dispute.
Arbitration court
The arbitration courtArbitral tribunal
An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire...
was composed of five arbitrators—three neutral parties and one representative from both countries. The neutral arbitrators were Eduardo Jiménez de Aréchaga
Eduardo Jimenez de Arechaga
H. E. Eduardo Jiménez de Aréchaga was a Uruguayan jurist. Professor of Public International Law in the Universidad de la República School of Law and in the Law School of the Catholic University of Uruguay...
of Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
(president), Gaetano Arangeo-Ruiz of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, and Oscar Schachter
Oscar Schachter
Oscar Schachter was an American international law and diplomacy professor, and United Nations aide.Schachter was a native of New York City, graduated Phi Beta Kappa from City College of New York in 1936, and from Columbia Law School, where he was a Kent scholar and first in his class of 1939...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Canada's representative was Allan Gotlieb
Allan Gotlieb
Allan Ezra Gotlieb, is a Canadian public servant and author.-Life and career:Born in Winnipeg, Manitoba, Gotlieb received his BA from the University of California at Berkeley, his MA from Oxford University as a Rhodes Scholar, and his LL.B degree from Harvard University, where he was editor of...
and France's was Prosper Weil
Prosper Weil
Prosper Weil is a French lawyer, professor emeritus of the University of Paris II: Panthéon-Assas law school, and a member of the Institut de France since 1999.-Life:...
.
Decision
The arbitration court issued its decision and award on 10 June 1992. It was a 3–2 decision, with the representatives of both Canada and France dissenting from the decision. The zone that was awarded to France was unusual and in two parts: first, the boundary was set at an equidistant line between the French islands and the Canadian island of Newfoundland. Added to this was a 24 nautical mile bulge on the west of the islands. Lastly, a long north–south 188 nautical miles (348.2 km) corridor south of the islands was awarded to France, presumably to allow France access to its EEZ from international waters without having to pass through the Canadian EEZ. The corridor is narrow, being approximately 10½ nautical miles wide. The shape of the award has been likened to a keyhole, a mushroom, and a baguette.The award was approximately 18% of the territory that France had initially been claiming.