Historical Exceptionalism in International Law: Canada's Strategic Use of Law in the Arctic Ocean

Abstract

ABSTRACTCanada's legal position on the Northwest Passage rests on a series of claims that have been layered on top of one another, stemming from 1960-2017 through to the present day. The approach has been premised on the idea that Canada's Arctic sovereignty over the geographical Arctic area is an “exceptional” circumstance requiring “exceptional” legal protection. This article looks at formation of Canada's position in the 1970s and 1980s and, in particular, the navigation of Canada's position vis-à-vis the United States during the negotiation of the 1982 U.N. Convention on the Law of the Sea.