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Notes On The Historic Waters Regime And The Bay Of Fundy

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Chapter Summary

The historic waters regime is an orphan regime of the law of the sea. The rich history of Canadian-U.S. interactions respecting the Bay of Fundy, and more specifically in recent years, Head Harbour Passage within Passamaquoddy Bay, provides an opportunity for analysis and differing views on the international legal status of the Bay as historic waters. The sharing of Passamaquoddy Bay and the navigational necessity and longtime practice of commercial and U.S. government vessels accessing the port of Eastport by traversing Canadian waters adds an important complexity to the juridical bay and the historic waters regime analysis. Even if the United States becomes a party to the 1982 United Nations Convention on the Law of the Sea (LOS Convention), the international legal dispute regarding the Bay of Fundy is unlikely to be resolved through adjudication pursuant to the LOS Convention.

Keywords: Bay of Fundy; Canadian waters; historic waters regime; LOS Convention; United States



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