The Gulf of Maine Agreement and Action Plan: A novel but nascent approach to transboundary marine environmental protection

Following the World Court's settlement of the Gulf of Maine boundary dispute in 1984, oceans cooperation between Canada and the US in the Bay of Fundy/Gulf of Maine region has re-emerged primarily at the provincial/state, rather than the federal levels of government. The Gulf of Maine Action Plan 1991-2000 and the Agreement on Conservation of the Marine Environment of the Gulf of Maine 1989 form the basis of an emerging regional environmental regime in the shared Atlantic region. The provinces and states have shied away from addressing fisheries issues directly, but the collapse of various Atlantic stocks and consequent closures is providing a new rationale for regional cooperation, at least in habitat management. The Action Plan is currently undergoing a mid-term review process, which is considering the possible adoption of a series of Protocols to supplement the 1989 Agreement, with an emphasis on habitat protection. The authors conclude by identifying three main options for regime development at the state-provincial level: (1) maintenance of the status quo in regional cooperation; (2) adoption of an incremental approach to regional development; and (3) development of an Agenda 21 for the Gulf of Maine. As well, there is scope for greater federal involvement, for example, through the development of a Regional Seas Programme for North America.