Part 1 - The Waters of the Canadian Arctic Archipelago and the Sector Theory

Summary

The sector theory has been invoked by a number of politicians and officials in Canada as a legal basis for claiming jurisdiction not only over the islands of the Canadian Arctic Archipelago, but also over the waters within and north of the islands right up to the Pole. However, the government itself has never taken a very clear and consistent position on this theory. It would seem that present government policy is to hold the theory in reserve as possible support for its claim that the waters of the Archipelago are internal.

The purpose of this first Part is to assess the validity of the sector theory in international law as a basis for claiming jurisdiction to Arctic waters. This will be done in four chapters, presenting: 1) a brief inquiry into the origins of the theory; 2) a study of the relevant boundary treaties; 3) an analysis of the related concept of contiguity; and 4) a review of State practice and its possible acceptance as customary law.