Burying the Icepick: Why and How the United States Should End Its Dispute with Canada Over the Legal Status of the Northwest Passage

Abstract

This Note argues that the United States should work with Canada to pass an amendment to the United Nations Convention on the Law of the Sea (UNCLOS) that allows Canada to legally claim the Northwest Passage as internal waters. While the United States has long championed freedom of navigation, important U.S. security, environmental, and diplomatic interests weigh in favor of a legal regime that allows Canada to exercise complete control over the Northwest Passage. However, UNCLOS does not currently support Canada’s claim. Thus, the best means of accomplishing this objective is for the United States to work with Canada to pass an Arctic amendment to UNCLOS that would allow Canada to draw straight baselines around the Canadian Arctic. Part I discusses relevant international maritime law and delves into the legal positions of the United States and Canada on the status of the Northwest Passage. Part II examines the competing U.S. interests at stake in the legal status of the Passage. Part III explores potential legal solutions that would satisfy the United States’ most pressing interests. This abstract has been taken from the author\u27s introduction