The Canadian Arctic Sector: the Tide Under International Law

Abstract

This article examines the legal foundation of Canadian claims to its Arctic Sector. In pursuing this goal the article focuses on the legal grounds, establishing Canadian rights in this sector and thus endorsed by the government of Canada.Several groups of such legal claims are singled out. First group is comprised of historical titles, taking its origin in 1904-1907. They are manifested by Canada's laws on Arctic territories, such as Northwest Territories Act (as amended in 1925). As for the second group, it is represented by the consent of the international community concerning the special laws on navigation in arctic waters and regulations, imposed by Canada.Third group of legal grounds consists of the claims based on international law and particularly on international treaties, establishing more firmly Canada's rights in the Arctic under the international law. These international treaties are a relatively new legal basis for the Canadian claim. In the text of the treaties there are provisions for exclusive Canada's rights within this sector. (Agreement between the government of Canada and the government of the United States of America on Arctic cooperation of 1988; Agreement between the government of Canada and the government of the Russian Federation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, 1995; Agreement on environmental cooperation between the government of Canada and the government of the Republic of Chile 1997, etc.).The authors after an in-depth legal analysis given in this article arrive to the conclusion that Canada's Arctic policy, which pursues Canada's national interests, is in full accordance with the contemporary international law.