In
Canadian law, Canadian Internal Waters are the waters "on the landward side of the baselines of the territorial sea of
Canada."[1]
Definition
The baselines are defined as "the low-water line along the coast or on a low-tide elevation that is situated wholly or partly at a distance not exceeding the breadth of the territorial sea of Canada from the mainland or an island,"[2] and the territorial sea is defined as extending 12 nautical miles (22 km) from the points of the baselines, or such other points as may be prescribed.[3][4][5]
The legal status of a section[which?] of the
Northwest Passage is disputed: Canada considers it to be part of its
internal waters, fully under Canadian jurisdiction according to the
United Nations Convention on the Law of the Sea.[11] However, the
United States has not accepted the international convention. The US and most maritime nations [citation needed] consider the area to be an international strait,
which means that foreign vessels have the right of "transit passage".[7][12][13] In such a
régime (i.e., mode of management), Canada would have the right to enact fishing and environmental regulation,
fiscal and smuggling laws, and laws intended for the safety of shipping, but not the right to close the passage.[14][15][16]