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Fishing for Answers in Canada\u27s Inside Passage: Exploring the Use of the Transit Fee as a Countermeasure

By Colin B. Picker

Abstract

Despite the increasing codification of international legal norms, the doctrine of countermeasures has emerged as a viable element of customary international law. Proponents of the countermeasure doctrine assert that it legitimates a state\u27s otherwise illegal breach of international law. In this article, the author examines the Canadian Inside Passage transit fee. Conceived of as a legitimate countermeasure, the transit fee is transformed from a violation of international law and Canadian treaty obligations into a legitimate action under customary international law. The author proceeds to evaluate the specific countermeasures that both the United States and Canada exacted on each other during the dispute. The author then uses the transit fee controversy to give meaning to the doctrine of countermeasures and define its parameters

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1996
OAI identifier: oai:digitalcommons.law.yale.edu:yjil-1034
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