TREATIES AND RIGHTS OF TRANSIT ON THE ST. LAWRENCE

Abstract

In this article the author examines Canadian treaties and their effect on rights of transit on the St. Lawrence. First, the author thoroughly examines the American position concerning freedom of transit on the St. Lawrence based upon bilateral agreements with Canada. The author then discusses some of Canada’s additional commercial treaties through an examination of various forms of “national treatment” and “most-favoured nation” clauses, as well as through an examination of clauses that have acted as direct grants of freedom. In an effort to illustrate the complexities of Canadian treaties the author examines of the General Agreement on Tariffs and Trade, as well as the British Commonwealth Merchant Shipping Agreement of 1931. The author concludes with a brief discussion of possible difficulties arising from treaty provisions granting freedom of transit or freedom of navigation, and suggests that proposals to restrict rights of transit on the St. Lawrence should not be adopted lightly.