Canada–France Maritime Boundary Case
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The ''Canada–France Maritime Boundary Case'' was a dispute between
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
and
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
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 adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of ...
created by the parties to resolve the dispute. The decision established the extent of the
Exclusive Economic Zone An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, reso ...
of the French territory of
Saint Pierre and Miquelon Saint Pierre and Miquelon ( ), officially the Territorial Collectivity of Saint Pierre and Miquelon (), is a self-governing territorial overseas collectivity of France in the northwestern Atlantic Ocean, located near the Canada, Canadian prov ...
.


Background

In 1972, Canada and France signed a
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
that delimited the territorial
maritime boundary A maritime boundary is a conceptual division of Earth's water surface areas using physiographical 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
Saint Pierre and Miquelon Saint Pierre and Miquelon ( ), officially the Territorial Collectivity of Saint Pierre and Miquelon (), is a self-governing territorial overseas collectivity of France in the northwestern Atlantic Ocean, located near the Canada, Canadian prov ...
. However, the maritime boundaries beyond the territorial sea (including extent of the
Exclusive Economic Zone An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, reso ...
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 arbitral tribunal that would resolve the dispute.


Arbitral tribunal

The
arbitral tribunal An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of ...
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 (Montevideo, 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 Aréch ...
of
Uruguay Uruguay, officially the Oriental Republic of 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 the Río de la Plata to the south and the A ...
(president), Gaetano Arangio-Ruiz of
Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
, and Oscar Schachter of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. Canada's representative was Allan Gotlieb 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 Newfoundland and Labrador is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of . As of 2025 the population ...
. 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 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 (, literally "island of sand") is a small, remote island off the coast of Nova Scotia, Canada. Sable Island is located in the North Atlantic Ocean, about southeast of Halifax, Nova Scotia, Halifax, and about southeast of the clo ...
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 case law 1992 in international relations 1992 in Canadian law 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 The Maritimes History of Atlantic Canada Fishing conflicts June 1992 in Canada June 1992 in France