THE CANADA-EUROPEAN-UNION TURBOT DISPUTE IN THE NORTHWEST ATLANTIC - AN APPLICATION OF THE INCIDENT APPROACH

Fisheries disputes, such as the recent one between Canada and the Euro pean Union (EU) over the right to fish on the high seas of the Northwe st Atlantic, if handled badly, can escalate into armed conflict. The C anada-EU turbot dispute has shown that there is an urgent need to reso lve the conflicts between distant water fishing states' right to fish under the traditional freedom of the high seas and the coastal state's interest in the conservation and management of fishery resources beyo nd and adjacent to its exclusive economic zone under customary and con ventional international law. The incident approach is used to examine the dispute. The problems and facts relating to the dispute are provid ed, the conflicting claims and the legal norms cited by the concerned parties to support respective claims are identified and the internatio nal reactions to the dispute are described and analysed. The author su ggests that the incident was a part of Canada's overall strategy for e nhancing its interest in protecting fish stocks beyond its 200-mile ex clusive fishing zone.