The Law of the Sea and LNG: Cross-Border Law and Politics over Head Harbor Passage

Abstract

The United States and Canada are at an impasse over plans by American developers to introduce a new supply of liquefied natural gas (“LNG”) into the United States through proposed port terminals along the Saint Croix River, which runs between the Province of New Brunswick and the State of Maine. The disagreement implicates the law and politics surrounding a new source of clean energy for the region, maritime security, Native American tribal sovereignty, marine environmental protection in the unique Bay of Fundy, bilateral economic relations, and high-level diplomacy between Ottawa and Washington. Ships, including LNG tankers, bound for United States ports on the Maine side of the river may reach port only via transit through Canadian waters. Thus, without the cooperation or at least acquiescence of Canada, the terminals and ports of Maine along Passamaquoddy Bay, are entirely zone-locked — meaning that without access to the Canadian territorial sea of Passamaquoddy Bay, the ports are locked to maritime traffic.

Keywords: law of the sea, marine environmental protection, Canada, straits, natural gas, UNCLOS, navigation, maritime law