Canada and Spain
Essay title: Canada and Spain
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 Canadas 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.
Canadas response to Spains demands were simple, it wasnt in the courts 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 court made its decision, it disagreed with Spains claim that the Estai incident fell outside the conditions made by Canada in its declaration and that its use of force was authorized by the Canadian legislature. In other words, in the opinion of the Court, Canadas actions were not punishable by the ICJ. On December 4, 1998, the ICJ ruled that it had no jurisdiction in the matter, and Spains application for settlement of the dispute was denied. This brought an ending to the Turbot War.
We have seen that the dispute between Canada and Spain had escalated to the point that both nations were sending armed vessels to the Grand Banks of Canada to protect their respective interests. The Canadian vessels had the authority to fire on the Spanish vessels at any sign of armed aggression. It seemed Canada and Spain were on the brink of war. Yet war never broke out. While this was undoubtedly due to factors such as the success of the diplomatic process, risk of economic sanctions, and international pressure, there is one factor that is generally overlooked. It would have violated certain international laws and agreements that both Canada and Spain shared. Both are members of the UN, and its members settle all disputes diplomatically.
The Turbot War shows us an interesting case to the application of international law and agreements