[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Senate]
[Page S7948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              RESOLVING OUR MARITIME DISPUTES WITH CANADA

  Mr. BIDEN. Mr. President, 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.
  I believe that we should not jump to coercive methods to deal with 
maritime disputes--especially with one of our closest allies and 
largest trading partners--until all other diplomatic avenues have been 
tried and exhausted. Moreover, as a general rule, the Senate should 
avoid granting the President broad authority to accomplish vague 
objectives.
  Rather than escalating this dispute, the Senate should call on Canada 
to fulfill its international commitments and provide assurances that 
the M/V Malaspina episode will not be repeated. We deserve at least 
that mush consideration from our ally to the north.

                          ____________________