ARCTIC Forty Years of Canadian Sovereignty Assertion in the Arctic, 1947-87

• Main Author: N. D. Bankes
• Other Authors: The Pennsylvania State University CiteSeerX Archives
• Format: Text
• Language: English
• Published: 1987
• Subjects: Key words; international law; sovereignty; historic title; functional jurisdiction; international straits; Arctic; Canada; Northwest Passage; Law of the Sea; Northwest passage
• Online Access: http://citeseerx.ist.psu.edu/viewdoc/summary?doi=10.1.1.560.143; http://pubs.aina.ucalgary.ca/arctic/Arctic40-4-285.pdf

ABSTRACT. Threats or objections to Canadian claims to sovereignty and to the exercise of sovereign rights by Canada in the Arctic in the 40 years since World War II have come from the United States. In the immediate postwar era Canadian sovereignty over minor areas of the Arctic Islands was not unchallengeable. Canadian concerns focused on the desire of the United States to establish weather stations in the Arctic with or without Canadian support. By the early 1950s. and with bilateral agreements with the United States on the DEW Line and BMEWS, Canadian terrestrial sovereignty was beyond question. Canadian maritime claims continued to be c ntested during the balance of the period. These claims have taken the form of functional jurisdiction over pollution, an historic title to the waters of the archipelago and the rejection of an “international ” status for the waters of the Northwest Passage. Canadian maritime claims in the Arctic have not been consistently formulated or consistently pursued by the Canadian government during the period due to an evolving international law of the sea and American objections. The Canadian position on fu ctional jurisdiction over pollution has been vindicated by the Law of the Sea Convention, but there continue to be significant doubts as to the status of the archipelagic waters.