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Canada And Spain

Submitted by iamthebest on November 24, 2006

Category: Social Issues
Words: 881 | Pages: 4
Views: 218
Popularity Rank: 47,523
Average Member Grade: N/A (Add a Comment / Grade this Paper)

Canada and Spain, allies who had never fought each other, found themselves in a diplomatic conflict in the spring of 1995 that ultimately resulted in the firing of shots. Nationals of both states were engaged in fishing in the Grand Banks, off Newfoundland, for halibut. Stocks of this fish species, also called turbot, had recently been in decline. Canada claimed that Spanish fisherman were catching and taking more fish than their quota stated and more than they needed. After an escalation of diplomatic actions over the course of nearly a month and a vessel chase that lasted four hours, a Canadian fisheries patrol vessel opened fire over the bow of a Spanish fishing trawler, the Estai, on the high seas just outside of Canada's Exclusive Economic Zone. The boat was boarded and seized. It was only the second time in history that Canada had fired on a foreign country.
On March 28, 1995, Spain filed an application with the International Court of Justice for proceedings against Canada relating to its amendment to the Coastal Fisheries Protection Act (CFPA), which entitled Canada to enforce regulations over NAFO (North Atlantic Treaty Organization). Spain legitimized its filing by saying that Canada lacked the legal authority to "act on the high seas against vessels flying the Spanish flag." Secondly, Canadian fisheries legislation could not be invoked against Spain. Along with all of this, it wanted an apology for the reparations it had done to the wrongful acts against its shipping vessels. And finally, Spain accused Canada of violating its own Charter of Rights and Freedom by using force against the Estai and harassing other Spanish vessels.
Canada's response to Spain's demands were simple, it wasn't in the court's jurisdiction to judge this case. In their view the dispute concerned the use of measures for conservation and management of fish regulations within the NAFO Regulatory Area, and the enforcement of those areas.
When the...

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