Quote:
Originally Posted by lio45
This tends to prove me right:
https://en.wikipedia.org/wiki/St._Lawrence_Seaway
Why would the Yanks accept strictly Canadian jurisdiction on the St. Lawrence River north of the 45 parallel, unless they have to because they recognize that that area is 0% part of the United States and 100% part of Canada/Quebec...?
|
There is the concept in international navigation laws of an "international strait" - a body of water that is within the territorial waters of a country (thus not international waters) but within which there is the right of transit passage to other countries. In an "international strait", the country who owns the strait can fully administer in the sense that its laws apply to the waters, it controls fishing and other resource extraction, administers safety and transport regulations, and so on - but it cannot deny other countries the right to passage through it (which includes construction projects that hinder navigability) - with some exceptions for hostile or suspicious military activity. There is no actual hard definition for what exactly qualifies a body of water as an "international strait" and there is no explicit list of such bodies**. However, the St. Lawrence River would definitely qualify as such based on precedent and custom - in a theoretical dispute between Canada & Quebec over a seaway bridge, Canada could sue Quebec in the ICJ and probably win, on that basis.
**You see this with the Northwest Passage. Most countries (the US, China, the EU) all consider the Northwest Passage to be an international strait within Canada's territorial waters. So while they accept Canadian jurisdiction over it, they assert the right to freely transit the passage with their vessels. Canada, by contrast, rejects this argument and considers the Northwest Passage to not be an international strait and thus asserts its right to block transit to any ship it wants to block. If climate change melts more of the ice up there and there's real shipping demand, the issue will probably end up in the ICJ someday.