On the recordJuly 23, 1997
today I voted against the resolution offered by Senator Murkowski condemning the Government of Canada for its failure to resolve the blockade of a United States vessel in Canadian waters. Canada's inaction clearly was wrong. The M/V Malaspina, a United Stats passenger vessel operated by the Alaska Marine Highway System, was blockaded in port by Canadian fishing boats for 3 days. The Canadian Government not only failed to condemn the blockage of the Ferry boat, it also took no action to enforce an injunction issued by a Canadian court requiring the M/V Malaspina to be allowed to continue its passage. The ferry was able to continue its passage only when the fishing boats voluntarily ended their blockade. There is no doubt that the M/V Malaspina has the right of innocent passage through the territorial sea of Canada. Article 17 of the United Nations Convention on the Law of the Sea guarantees that right to the ships of all states. There can also be no doubt that Canada failed to handle the illegal blockage of the United States vessel responsibly. The amendment introduced by Senator Murkowski, however, is overkill. It would grant broad authority to the President and instruct him to compel Canada to prevent any further harassment of United States shipping. The amendment hints at the use of military force to escort shipping through Canadian waters, and offers only vague guidance on how outstanding maritime disputes with Canada might ultimately be resolved.
Source
govinfo.gov




