La zona económica exclusiva: una perspectiva latinoamericana

CANADA'S 200-MILE FISHING ZONE: THE FIRST FIVE YEARS Terence C. Bacon As we move into the 80's a new era is emerging ''with new approaches, new concepts, and new regimes for the sea, the human environment and outer space. The 'roving sovereignity' of the flag state, the freedom to overflSh, the 'licence to polJute', the assertion of rights with no responsabi– Iities attached, the notion of fust come fust served and the devil take the hindmost -aH the trappings of the old laissez– faire system- are being gradually replaced with a new system of regulation and management by national or international authorities; a new idea of accountability; a new ideal ofequity; a new, more responsive law-rnaking process; and a new doctrine reserving such areas as the international seabed and outer space as part of the common heritage of mankind". These words come from ah article recently published in "Politique Internationale" 1981. In collaboration with ADan Gotlieb, the Canadian Under-Secretary of State for External Affairs, they were written by Len Legault, who needs no introduction to tbis distinguished audience and who, 1 can assure you, profoundly regrets missing tbis important seminar on a subject so close to his heart. As part of this new era and consistent with the emerging consensus at the l.aw of the Sea Conference on a new fisheries regime, almost all coastal states have extended their fisheries jurisdiction to 200 miles in one form or another. Canada unilaterally extended its fisheries jurisdiction to 200 miles on January 1, 1977. lt did not declare an exclusive econornic zone but through other legislation such as theCanada Shipping Act, the Coastal Fisheries Protection Act, the Fisheries Act, to mention a few, Canada has the legislation and legal authority inter alía to control fisheries scientific research and activities poten– tially dangerous to the marine environment out to the 200-mile limit. Such controls are recognized in the Draft L.aw of the Sea Convention as essential to the sound management and conservation of the living resources of the sea. Bilateral negotiations in 1975 with the countries accounting for 900/0 of the catch off Canada's coasts set the scene for a smooth transition to the 200-mile limit (the USSR, Norway, Poland, Portugal, and Spain), which in the event was accepted without conflict or confrontation. In addition to the recognition of Canada's extended jurisdiction, these agreements provided for 145