2008-08-25

overstepping jurisdiction?


If I read this news release correctly, and understood the basics of the UN Convention on the Law of the Sea of 10 December 1982, this means our trusted government intends to extend its Contiguous zone to what is already recognized internationally as Exclusive Economic Zone (200nm). Problem is, this law of the sea states explicitly that the Contiguous zone "may not extend beyond 24 nautical miles" (UNCLOS, Part II, article 33). I wonder how seriously this posturing will be recognized by other countries aching for the NW Passage "our internal waters"...
-----Original Message-----

From the Prime Minister's Web Site
Sent: Wednesday, 27 August, 2008 13:48
Subject: News Release / Communiqué

Prime Minister Harper Announces Government of Canada Will Extend Jurisdiction over Arctic Waters


Canadian Environment and Shipping Jurisdiction to be Enforced an Additional 100 Nautical Miles Offshore
August 27, 2008
Tuktoyaktuk, NT

The Government of Canada will extend its jurisdiction in the Arctic by doubling the range at which Canadian environmental laws and shipping regulations will be enforced, Prime Minister Stephen Harper announced today.

"Whether it is the thawing of the Northwest Passage or the suspected resource riches under the Arctic seabed, more and more countries are taking an interest in the waterways of the Canadian Arctic," said the Prime Minister. "We will be sending a clear message to the world that our environmental standards and sovereignty are not up for debate -- if you are in Canada's Arctic you will be playing by Canada's rules."

The Prime Minister announced that his government will be introducing changes to the Arctic Waters Pollution Prevention Act as part of its fall legislative agenda. Currently the Act allows the Canadian Government to regulate all shipping in zones up to 100 nautical miles from the nearest Canadian land in order to guard against pollution of the region's marine and coastal environments. Under the proposed new law, this jurisdiction will be extended to 200 nautical miles.

In addition the Prime Minister announced that his government will establish new regulations under the Canada Shipping Act, 2001 that will require mandatory reporting from all ships destined for Arctic waters within the same 200 nautical mile limit.

"As an environmental matter, as a security matter and as an economic matter we are making it perfectly clear that not only do we claim jurisdiction over the Canadian Arctic, we are also going to put the full resources of the Government of Canada behind enforcing that jurisdiction," said the Prime Minister. "We are acting today to protect our environment, improve the security of our waterways and ensure that all Northern residents - and, in particular, the Inuit - have a strong say in the future of our Arctic for generations to come."

The Prime Minister's Office - Communications
Don't get me wrong though - I understand that the ecosystem in the Canadian Arctic Archipelago is very fragile, where even the smallest chemical spills will take forever to dissipate (too cold for anything to evaporate on its own quickly enough), and it is eyed with great interest internationally. This probably doesn't make the archipelago waters any more "internal" to Canada than planting a flag on the Moon made it American, but posturing counts for a lot in politics so I think its a good move.

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