Newfoundland’s Continental Shelf: The Jurisdictional Issue

Abstract

The matter of jurisdiction over the minerals of Newfoundland's continental shelf area raises an intriguing combination of constitutional and international law issues. Newfoundland’s unique historical position gives rise to some novel legal questions, the responses to which demand precise formulation of concepts which have not heretofore been definitively articulated.

An examination of decisions in Canada, Australia and the United States reveals that what is ostensibly a highly technical legal issue may be resolved on the basis of political considerations. While the conclusion that the matter is inherently political is inevitable, the legal issues are nevertheless challenging and worthy of exposition.