Abstract
In 1999 an agreement was concluded between Canada and the United States on amendments to the 1985 Pacific Salmon Treaty which brought to an end a period of prolonged dispute and hostility over the management of salmon by the two countries and paved the way for a period of amicable relations on the issue that has lasted to this day. The negotiation of the agreement and the outcome were marked by two important characteristics: The negotiating process deviated from traditional state-to-state negotiations, and the ultimate agreement expressed the obligations of the parties not in simple verbal form but rather as the outcome of complex formulae designed to determine abundance and the sharing consequences. The key to the negotiation was fisheries scientists agreeing on the appropriate formula. This article seeks to reflect on two aspects of the negotiation of the 1999 agreement identified by Ted McDorman: first, the process as a mechanism for negotiating international agreements; and second, the broader implications of the “scientific complexity” of the agreement—the integration of law, science, and technology.
Published Version
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