The ''Canada–France Maritime Boundary Case'' was a dispute between

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

and

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...

that was decided in 1992 by an

arbitral tribunal An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may c ...

created by the parties to resolve the dispute. The decision established the extent of the Exclusive Economic Zone of the French territory of

Saint Pierre and Miquelon Saint Pierre and Miquelon (), officially the Territorial Collectivity of Saint-Pierre and Miquelon (french: link=no, Collectivité territoriale de Saint-Pierre et Miquelon ), is a self-governing territorial overseas collectivity of France in t ...

Background

In 1972, Canada and France signed a

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...

that delimited the territorial

maritime boundary A maritime boundary is a conceptual division of the Earth's water surface areas using physiographic or geopolitical criteria. As such, it usually bounds areas of exclusive national rights over mineral and biological resources,VLIZ Maritime Boun ...

between Canada and the French territory of

. However, the maritime boundaries beyond the territorial sea (including extent of the Exclusive Economic Zones (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 arbitral tribunal that would resolve the dispute.

Arbitral tribunal

The

was composed of five arbitrators—three neutral parties and one representative from each country. The neutral arbitrators were

Eduardo Jiménez de Aréchaga H. E. Eduardo Jiménez de Aréchaga ( Montevido, 1918 – Punta del Este, 5 April 1994) was an Uruguayan professor, jurist, and President of the International Court of Justice. Biography Early life Eduardo Jiménez de Aréchaga was bor ...

Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...

(president), Gaetano Arangio-Ruiz of

Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...

, and

Oscar Schachter Oscar Schachter (1915–2003) 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 ...

of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

. Canada's representative was

Allan Gotlieb Allan Ezra Gotlieb, (February 28, 1928 – April 18, 2020) was a Canadian public servant and author who served as the Canadian Ambassador to the United States from 1981 to 1989. Life and career Born in Winnipeg, Manitoba, Gotlieb studied at ...

and France's was Prosper Weil.

Decision

The arbitral tribunal 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 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.

Criticism

Since the 1992 award, the decision has been criticised by both Canadian and French commentators as well as neutral observers, noting that a straightforward application of the

Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...

would extend Canada's EEZ beyond the limits of the French corridor, a circumstance that was not intended by the arbitral tribunal. Indeed, in 1996, Canada unilaterally extended its EEZ using

Sable Island Sable Island (french: île de Sable, literally "island of sand") is a small Canadian island situated southeast of Halifax, Nova Scotia, and about southeast of the closest point of mainland Nova Scotia in the North Atlantic Ocean. The island ...

as a base point, meaning that the French EEZ became entirely enveloped within Canada's EEZ.

Notes

References

* Anderson, Ewan W. (2003). ''International Boundaries: A Geopolitical Atlas.'' Routledge: New York.
OCLC 54061586
* Charney, Jonathan I., David A. Colson, Robert W. Smith. (2005). ''International Maritime Boundaries,'' 5 vols. Hotei Publishing: Leiden. ; ; ; ;
OCLC 23254092
* *Marc Plantegenest et al.
"The French Islands of Saint-Pierre et Miquelon: A Case for the Construction of a Discontinuous Juridical Continental Shelf?"

External links

Canada and Saint Pierre and Miquelon
{{DEFAULTSORT:Canada-France Maritime Boundary Case 1992 in law 1992 in international relations 1992 in Canada 1992 in France Arbitration cases Canada–Saint Pierre and Miquelon border Canada–France relations Territorial disputes of Canada Territorial disputes of France Fisheries law Fishing in Canada Fishing conflicts