Canada asserts that the Northwest Passage constitutes its internal waters, based on historical usage and the occupation by Indigenous peoples, particularly the Inuit. This claim is reinforced by the 1985 establishment of straight baselines around the Arctic Archipelago, effectively enclosing the passage within Canadian territory. Canada’s stance allows it to regulate all activities within the passage, including navigation and environmental protection measures.
The United States, along with several other nations, contends that the Northwest Passage is an international strait. This classification would grant all nations the right of transit passage, limiting Canada’s ability to control navigation through the route. The U.S. emphasizes the importance of freedom of navigation for global maritime operations.
Historical Context
The disagreement gained prominence in 1969 when the U.S. oil tanker SS Manhattan navigated the passage without seeking Canada’s permission, leading to Canadian protests. A more significant incident occurred in 1985 with the voyage of the U.S. Coast Guard icebreaker Polar Sea, again without prior Canadian consent. These events intensified the sovereignty debate and led to diplomatic tensions.
In 1988, to manage the dispute, Canada and the U.S. signed the Arctic Cooperation Agreement. Under this accord, the U.S. agreed to seek Canada’s consent for icebreaker voyages through the passage, without conceding its legal position on the waterway’s status. Canada viewed this as a practical affirmation of its sovereignty claims.
The dispute between Canada and the United States over the Northwest Passage centers on differing interpretations of international maritime law, particularly the United Nations Convention on the Law of the Sea (UNCLOS).
Canada’s Position: Internal Waters
Canada asserts that the Northwest Passage constitutes its internal waters, based on historical usage and effective control over the region. In 1986, Canada established straight baselines around its Arctic Archipelago, enclosing the waters within as internal, thereby granting it full sovereignty, including the right to regulate navigation and enforce environmental laws. Canada’s claim is further supported by the presence and stewardship of Indigenous communities, notably the Inuit, who have inhabited and managed these areas for centuries.
United States’ Position: International Strait
The United States, along with several other nations, contends that the Northwest Passage is an international strait. Under this classification, the passage would be subject to the right of transit passage, allowing foreign vessels, including military ships, to navigate without seeking permission, provided they do so continuously and expeditiously. The U.S. emphasizes the importance of freedom of navigation for global maritime operations and is concerned that accepting Canada’s claim could set a precedent affecting other strategic waterways worldwide.
Legal Criteria and Dispute
Under UNCLOS, for a waterway to be considered an international strait, it must connect two parts of the high seas or exclusive economic zones and be used for international navigation. While the Northwest Passage meets the geographical criteria, its historical usage for international navigation has been limited due to ice coverage. However, with climate change reducing ice levels, the passage is becoming more navigable, potentially strengthening the argument for its status as an international strait.
Historical Incidents and Agreements
The dispute gained prominence in 1969 when the U.S. oil tanker SS Manhattan navigated the passage without seeking Canada’s permission, leading to Canadian protests. A more significant incident occurred in 1985 with the voyage of the U.S. Coast Guard icebreaker Polar Sea, again without prior Canadian consent. These events intensified the sovereignty debate and led to diplomatic tensions.
In 1988, to manage the dispute, Canada and the U.S. signed the Arctic Cooperation Agreement. Under this accord, the U.S. agreed to seek Canada’s consent for icebreaker voyages through the passage, without conceding its legal position on the waterway’s status. Canada viewed this as a practical affirmation of its sovereignty claims.
Current Developments
Climate change has led to reduced ice coverage in the Arctic, making the Northwest Passage more navigable and strategically significant. This has renewed interest in the route for commercial shipping and resource exploration. Canada has responded by enhancing its Arctic presence through military exercises like Operation Nanook and investing in infrastructure to assert its sovereignty. The U.S. maintains its position on the passage’s international status, emphasizing the importance of unimpeded navigation.
The dispute remains unresolved, with both nations upholding their respective legal interpretations while cooperating pragmatically to manage activities in the Arctic region.