Particularly Sensitive Sea Areas and Transboundary Waters: An Examination of Bilateral Management of the Salish Sea

Abstract

Abstract The Salish Sea experiences substantial vessel traffic and is vulnerable to impacts from vessel-source pollution. In response to anticipated increases in vessel traffic and risk of oil spills, the non-profit organization Friends of the San Juans advocated for the United States and Canada to adopt a transboundary Particularly Sensitive Sea Area (PSSA) through the Interna-tional Maritime Organization. However, neither State ultimately supported a PSSA proposal. This article examines the unsuccessful PSSA proposal for the Salish Sea within the broader context of the PSSA mechanism to under-stand the limitations of PSSAs and provide insight into why and how PSSA designations have changed over time. Here, the Salish Sea case presents an opportunity to examine the factors that States weigh when deciding whether to propose a PSSA, and how these factors relate to potential limita-tions of the PSSA mechanism. States with a history of transnational cooper-ation, such as the United States and Canada, may be more averse to using a PSSA mechanism when more familiar and trusted systems for bilateral co-operation exist. In this way, States may rely on existing institutions, prece-dents, and agreements for transboundary collaboration between one an-other and with indigenous communities impacted by an environmental issue.