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| 1990 US–Canada Maritime Boundary Agreement | |
|---|---|
| Name | 1990 US–Canada Maritime Boundary Agreement |
| Long name | Agreement between the Government of Canada and the Government of the United States of America on the Maritime Boundary |
| Date signed | March 9, 1990 |
| Location signed | Ottawa, Ontario |
| Parties | Canada; United States |
| Language | English language; French language |
1990 US–Canada Maritime Boundary Agreement The 1990 accord between Canada and the United States established a definitive maritime borderline in the Gulf of Maine and adjacent waters, resolving a long-standing delimitation issue that implicates the Atlantic Ocean, Bay of Fundy, and continental shelf regions near Nova Scotia and Maine (U.S. state). The agreement built upon precedent from earlier instruments such as the Treaty of Paris (1783), principles from the United Nations Convention on the Law of the Sea, and bilateral practices among states including Norway, Iceland, and United Kingdom. Negotiations involved officials from Global Affairs Canada, the United States Department of State, cartographers from the Geological Survey of Canada, and legal advisers influenced by decisions from the International Court of Justice and arbitral awards like the North Sea Continental Shelf cases.
Negotiations traced roots to fisheries disputes involving Grand Manan Island, Machias Seal Island, and areas proximate to St. Pierre and Miquelon which had produced contentious incidents akin to episodes involving Royal Canadian Mounted Police and U.S. Coast Guard patrols; matters were further complicated by precedents from the Fisheries Act (Canada), the Magnuson–Stevens Fishery Conservation and Management Act, and interpretations used in cases before the International Tribunal for the Law of the Sea. Diplomatic talks referenced cartographic work from the Geological Survey of Canada and the United States Geological Survey, as well as boundary methodologies considered in bilateral accords such as the Canada–United States border treaties and the Anglo-French Convention of 1814 for comparative maritime delimitation. Delegations included negotiators experienced with disputes like the Beagle conflict and advisers conversant with jurisprudence from the Permanent Court of Arbitration.
The instrument set out coordinates, baselines, and azimuths drawing from equidistance principles adjusted by relevant circumstances invoked in jurisprudence such as the Case Concerning Continental Shelf (Tunisia/Libya). Articles specified a single maritime line with turning points defined by geographic coordinates, incorporated provisions about continental shelf entitlement echoing language from the Convention on the Continental Shelf (1958), and addressed how the line intersected rights under the Fisheries Convention regimes. The agreement included maps annexed by national hydrographic offices—the Canadian Hydrographic Service and the National Oceanic and Atmospheric Administration—and referenced technical standards comparable to those used by International Hydrographic Organization charts.
Geographically the delimitation spans waters seaward from Nova Scotia and the Magdalen Islands toward the continental shelf off Maine (U.S. state) and approaches the edge of the Georges Bank and the Northeast Channel. Legally the text applied customary law doctrines recognized by the International Court of Justice and treaty law reflected in instruments like the United Nations Convention on the Law of the Sea while specifying that the line would govern sovereign rights for resources on the seabed and subsoil as well as exclusive economic zone entitlements. The treaty’s coordinate list used geodetic references consistent with standards from the International Association of Geodesy and practices used by the Canadian Hydrographic Service.
Following signature in Ottawa, ratification processes proceeded through parliamentary and congressional procedures: the Parliament of Canada considered implementing measures, and the United States Senate reviewed instruments consistent with advice from the Department of State (United States). Domestic implementing legislation and regulatory adjustments were coordinated with agencies including the Department of Fisheries and Oceans (Canada) and the National Marine Fisheries Service. Cartographic annexes were deposited with respective national archives and maritime charts updated in cooperation with the International Hydrographic Organization.
The agreement included mechanisms for cooperative management and provisions directing bilateral consultation to address incidents or interpretation issues, citing dispute settlement practice aligned with precedents such as decisions from the International Tribunal for the Law of the Sea and the International Court of Justice. Despite the delimitation, certain fisheries-related tensions persisted around features like Machias Seal Island and entitlements near the Georges Bank, prompting joint forums similar to arrangements between Canada and France over Saint Pierre and Miquelon and cooperative ventures modeled on transboundary commissions such as the International Joint Commission (IJC).
Economically the delimitation clarified sovereign rights to hydrocarbon and mineral resources on the continental shelf, affecting exploration interests of companies operating under regimes akin to those overseen by Natural Resources Canada and the Bureau of Ocean Energy Management. Fisheries management implications impacted fleets from New Brunswick, Nova Scotia, Maine (U.S. state), and firms registered under flags such as Canada and the United States. Environmentally the treaty influenced marine conservation planning in areas contiguous to the Scotian Shelf, the Georges Bank, and migratory routes recognized by organizations like BirdLife International and management approaches found in Convention on Biological Diversity discussions, prompting cooperative scientific programs involving institutions such as the Fisheries and Oceans Canada laboratories and the Woods Hole Oceanographic Institution.
Category:Canada–United States treaties Category:Maritime boundary treaties