Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement between the Government of Canada and the Government of the United States of America on the Establishment of a Mediation Procedure Regarding the Pacific Salmon Treaty [1995] CATSer 21 (11 September 1995)

E101431 - CTS 1995 No. 13

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON THE ESTABLISHMENT OF A MEDIATION PROCEDURE REGARDING THE PACIFIC SALMON TREATY

The Government of Canada and the Government of the United States of America (hereinafter, "the Parties"), being parties to the Treaty Between the Government of Canada and the Government of the United States of America Concerning Pacific Salmon, done at Ottawa on January 28, 1985 (hereinafter, "the Treaty") and to the Memorandum of Understanding of the same date (hereinafter, the "MOU");

Aware that their disagreement over the Interpretation of paragraph 1 (b) of Article III of the Treaty has hampered the implementation of the Treaty as a whole;

Aware also that their disagreement over the relationship of paragraph 1 (b) of Article III of the Treaty to the other paragraphs of Article III and to the other provisions of the Treaty, and over the application of paragraph A of the MOU, has hampered the negotiation, adoption and implementation of fishery regimes in accordance with the Treaty;

Wishing to find a solution to their dispute without delay;

Have agreed to the following, which shall enter into force upon the signing of this agreement:

ARTICLE I

Appointment of Mediator

1. The Parties shall jointly appoint a Mediator before August 22, 1995.

2. Should the Parties be unable to appoint a Mediator before the aforesaid date, they shall approach the Secretary General of the United Nations and call upon his good offices to assist them. If possible before September 20, 1995, in their search for a Mediator acceptable to them.

3. The Mediator shall assume his or her duties within 21 days of his or her appointment, unless otherwise agreed by the Parties.

ARTICLE II

Mission of the Mediator

1. The mission of the Mediator shall be to assist the Parties to find a solution to the problem of the implementation of the Treaty as a whole, having regard in particular to paragraph 1 (b) of Article III of the Treaty, the relationship of that paragraph to the other paragraphs of Article III and to the other provisions of the Treaty, and the application of paragraph A of the MOU, in the negotiation, adoption and implementation of fishery regimes in accordance with the Treaty.

2. In the exercise of his or her functions, the Mediator shall facilitate the adoption by the Parties of a mutually acceptable solution, which shall be in accordance with the applicable rules of international law. To this effect, the Mediator shall meet with the representatives designated by each Party, including, if a Party so chooses, representatives of its Section of the Pacific Salmon Commission, and may request such documents from a Party as he or she believes would be useful in the fulfilment of his or her mission. During the course of the mediation, the Mediator shall make such proposals and recommendations to the Parties as he or she deems appropriate, designed to assist the Parties to resolve the dispute.

ARTICLE III

Confidentiality

The activities of the Mediator, the Information gathered by him or her, the interventions, representations, suggestions, proposals and recommendations made by the Mediator to the Parties, or made by the Parties to the Mediator, and the contents of documents received or produced by the Mediator shall be treated as confidential in nature, and shall not be made public, in whole or in part, except by written consent of both Parties.

ARTICLE IV

Non-Binding Effect of Mediation

The mediation shall have no binding effect.

ARTICLE V

Legal Position of the Parties

None of the activities of the Mediator, or the representations or proposals made by the Parties, shall prejudice the respective legal positions of the Parties. Each Party reserves the right, should the mediation fail, to revert to its previous claims or positions.

ARTICLE VI

Termination of Mediation

It is the intent of the Parties that the mediation be completed as soon as practicable and that any understandings reached as a result of the mediation be available prior to the negotiation of fishing regimes for 1996. The tentative target date for concluding the mediation is November 30, 1995. Upon selecting a mediator, the Parties will review the target date with the mediator and make such adjustment as may be warranted. The Parties also agree that the target date may at any time be extended by agreement.

ARTICLE VII

Costs

Each Party shall bear one-half the costs of the Mediator as well as all of its own costs associated with the mediation.

ARTICLE VIII

Best Efforts

The Parties shall make their best efforts to resolve the dispute fairly. To that end, they shall engage in good faith in the mediation procedure, cooperate with and assist the Mediator fully in the fulfilment of his or her mission, and consider seriously the proposals and recommendations made by the Mediator.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate, at Montreal, this 11^th day of September, 1995, in the English and French languages, each version being equally authentic.

Yves Fortier

FOR THE GOVERNMENT OF CANADA

James Pipkin

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA