Regional Developments

Boundary Delimitation in the Gulf of Maine: Implications for the Future of a Resource Area*

in Ocean Yearbook Online
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Regional Developments

Boundary Delimitation in the Gulf of Maine: Implications for the Future of a Resource Area*

in Ocean Yearbook Online

References

* EDtTOtts' NoTE.-A summary of the text of the International Court of Justice, Judgement of 12 October 1984, Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/United States of America) appears in Appendix B of this vol- ume. 1. The Fisheries of Gloucester (Gloucester: Procter Brothers, 1876), p. 42. 2. See, e.g., William Robbins, "New Englanders Protesting Loss of Fishing Area," New York Times (October 22, 1984), 2d section, pp. 1, 9; Douglas Martin, "Nova Scotia Is Not Overjoyed by Its Fishing Share," New York Times (October 23, 1984), 2d section, p. 1.

3. U.S. Department of State, Maritime Boundary Dispute Settlement Treaty, with Agreements between the United States and Canada, Signed at Washington March 29, 1979. Treaties and Other International Acts Series 10204 (Washington, D.C.: Government Printing Office, 1981).

4. For further information see Richard H. Backus, ed., Georges Bank (Cambridge, Mass.: MIT Press, 1984). 5. Court of Arbitration, The United Kingdom of Great Britain and Northern Ireland and the French Republic, Delimitation of the Continental Shelf, Decision of June 30, 1977. 6. For a discussion of the state of customary law concerning maritime boundary delimitation prior to the Gulf of Maine ruling, the reader is referred to Mark B. Feldman, "The Tunisia-Libya Continental Shelf Case: Geographie Justice or Judicial Compromise," American Journal of International Lazu 77 (1983): 219-38; Nicholas P. Dunning, "Editor's Introduction to International Court of Justice Judgement of Feb- ruary 24, 1982: Case Concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya)," Ocean Yearbook 4, ed. Elisabeth Mann Borgese and Norton Ginsburg (Chicago: University of Chicago Press, 1983), pp. 515-32.

7. International Court of Justice, Reports of Judgements, Advisory Opinions, and Orders, 1969, North Sea Continental Shelf (The Hague). 8. In this sense, by failing to ratify the Fisheries Agreement of 1979, which assured Canadians limited access to certain stocks regardless of where the boundary was drawn, the United States probably lost any reasonable hope of gaining all of Georges Bank. 9. On a national scale this is certainly true (e.g., fishing industries account for somewhat less than 1 % of the Canadian GNP, just over 1 % of Canadian national employment, and much lower percentages of U.S. GNP and employment), but at regional and local levels effects may be quite noticeable.

10. John Donaldson and Giulio Pontecorvo, "Economic Rationalization of Fisheries: The Problem of Conflicting National Interests on Georges Bank," Ocean Development and International Law 8 (1980): 149-69. 11. See, e.g., Gordon R. Monroe, "Canada and Fisheries Management with Ex- tended Jurisdiction," Economic Impacts of Extended Fisheries jurisdiction, ed. Lee G. An- derson (Ann Arbor, Mich.: Science Publishers, 1977), pp. 29-50; David Van der Zwaag, "Canadian Fisheries Management: A Legal and Administrative Overview," Ocean Development and lnternalional Law 13, no. 2 (1983): 171-211; U.S. Congress, Office of Technology Assessment, Establishing a 200-Mile Fisheries Zone (Washington, D.C., 1977); and U.S. Department of Commerce, A Marine Fisheries Program for the Nation (Washington, D.C., 1976).

12. K. Y. Emery and E. Uchupi, "Western North Atlantic Ocean: Topography, Rocks, Structure, Water, Life, and Sediments," American Association of Petroleum Geologists, Memorial 17 (1972); J. S. Schlee and J. Grow, "Buried Carbonate Shelf Edge beneath the Atlantic Continental Slope." Oil and Gas journal 78, no. 8 (1980): 148-56. 13. U.S. Department of the Interior, Draft Environmental Impact Statement, Pro- posed 1982 Outer Continental Shelf Oil and Gas Lease Sale Offshsore the North Atlantic States, No. 52 (Washington, D.C., 1982), p. 1. 14. Lynne M. Newman, "Can Fish and Fuel Coexist on Georges Bank?" Sea Grant Today 12, no. 1 (1982): 14-15. 15. U.S. Department of the Interior, Draft Environmental Impact Statement, No. 52. 16. Peter Harrison, "Offshore Oil and Gas: Development, Transportation, and Coastal Impacts," Ocean Yearbook 4, pp. 319-46.

17. Ibid.; and U.S. Department of the Interior, Draft Environmental Impact State- ment, No. 52, pp. 236-58. 18. James K. Mitchell, "Coastal Zone Management: A Comparative Analysis of National Programs," Ocean Yearbook 3, ed. Elisabeth Mann Borgese and Norton Gins- burg (Chicago: University of Chicago Press, 1982), pp. 258-319. 19. Felix A. Kwamena, "Offshore Oil and Gas Development and the Atlantic Fisheries," Studies in Marine and Coastal Geography, no. 1, Coastal Studies in Canadian Geography (Halifax: St. Mary's University, 1982) pp. 19-59. 20. U.S. Department of the Interior, Draft Environmental Impact Statement, No. 52, pp. 236-58. 21. Ibid. 22. Ibid. 23. Kwamena, "Offshore Oil and Gas Development and the Atlantic Fisheries." 24. B.E. Brown, The Status of the Fishery Resources on Georges Bank (Woods Hole, Mass.: Northeast Fisheries Center, 1980); and U.S. Department of the Interior, Draft Environmental Impact Statement, No. 52. 25. U.S. Department of the Interior, Draft Environmental Impact Statement, No. 52. 26. Kwamena, "Offshore Oil and Gas Development and the Atlantic Fisheries."

27. Peter Odell, "Offshore Resources: Oil and Gas," in The Maritime Dimension, ed. R. Barston and P. Birnie (London: Allen & Unwin, 1980), pp. 76-107; and A. D. Couper and H. D. Smith, "The North Sea: Bases for Management and Planning in a Multi-State Sea Region," paper presented at the 16th Annual Law of the Sea Institute Conference, Halifax, Nova Scotia, June 21, 1982.

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