University of Saskatchewan Library
Electronic Theses & Dissertations


ETD Project Home

Browse ETDs
Search ETDs

Grad Student Login

Canadian sovereignty over the Arctic Archipelago

Document Type Thesis
Author McConnell, William Howard
URN etd-07162007-073825
Title Canadian sovereignty over the Arctic Archipelago
Degree Master of Laws
Department College of Law
Advisory Committee
Advisor Name Title
Bone, Robert M. Committee Chair
Schmeiser, Douglas A. Committee Chair
Williams, Colwyn Supervisor
Keywords
  • Arctic Archipelago - Canadian Sovereignty
  • Arctic regions - International land claims
  • North Pole - Canadian Sovereignty
Copyright Date 1970-00-00
Availability unrestricted
Abstract
The central problem of the thesis is to investigate the international legal validity of the Canadian claim to the Arctic Archipelago. In order to consider the bearing on the problem of the "sector principl" the area investigated comprised the islands, waters and permanent ice lying between the the 60th and 141st meridians of west longitude extended to the North Pole, which meridians are northerly projections of Canada's easternmost and westernmost boundaries.

After a brief review of the facts and law surrounding the transfer of British Arctic possessions to Canada in 1870 and 1800, the international law applicable to archipelagic formations and to the acquisition of title to terrae nullius was examined. There followed, in the perspective of international law and the historical precedents, an examination of the Canadian claims to (a) the islands of the Arctic Archipelago, and (b) the adjacent waters, especially the aftermath of the two voyages of the Manhattan and the Canadian legislation of June, 1970, extending territorial waters to a breadth of twelve miles and creating a large anti-pollution zone.

It was concluded that Canada's claim to the islands was very strong, either under the "prescription" or the "consolidation" doctrines, especially in the absence of serious adverse claims, and in the light of a vigorous Canadian manifestation of animus occupandi for several decades, at least.

Although the validity of the recent Canadian Maritime claims had been questioned by the United States, it was suggested either on the basis of the "consolidation" doctrine or in view of the evolving, norms of the international law of the sea that here also Canada could make out a strong case in support of the legislation of June, 1970.

Files
Filename Size
  McConnell_howard_1970_third.pdf 56.53 Mb

Browse All Available ETDs by ( Author | Department )

If you have more questions or technical problems, please contact the College of Graduate Studies and Research.