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Dispute Concerning Filleting Within The Gulf of St Lawrence (“la Bretagne”)

Arbitral Tribunal established by Agreement of 23 October 1985.  17 July 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Dispute — Compromis — Tribunal required to give ruling on dispute concerning interpretation of treaty — Dispute arising in connection with specific case — Specific case not referred to Tribunal — Duty of Tribunal to bear in mind facts which gave rise to dispute over interpretation

Sea — Fisheries — Rights of the coastal State — Exclusive fisheries zone — Rights of other States with historic interests in waters — Conservation — Development of the law — Increasing emphasis in law of the sea upon prevention of excessive exploitation of fisheries — Canada-France Agreement, 1972, concerning fishing in the Gulf of St Lawrence — Application to fishing vessels registered in Saint-Pierre and Miquelon — Application to French fishing vessels of Canadian fishing regulations — Meaning of ‘regulations’ — Whether extending to policy of not permitting use of fish filleting equipment on board trawlers — Right of French vessels to access to Gulf on ‘equal footing’ with Canadian vessels

Sea — Development of the law of the sea — Effects of the United Nations Conference on the Law of the Sea — Extension of rights of the coastal State — Increased emphasis on conservation

Treaties — Interpretation — Ordinary meaning of words — Object and purpose of agreement — Context — Reference to travaux préparatoires

Type
Case Report
Copyright
© Cambridge University Press 1990

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