CONFERENCE RECAP One Waterway, Two Legal Systems Navigating the legal complexities of North American ports What emerged was a detailed portrait of similarities, divergences, and the delicate balance between commerce, law, and national security. T he West Coast of North America is more than just a scenic stretch of ocean and
coastline — it is a hub of economic activity, a conduit for trade, and a shared space where the maritime inter- ests of Canada and the United States intersect. During their presentation – “One Waterway, Two Legal Systems,” — maritime law experts Alan Goldstein and Peter Swanson took the stage for a panel aptly titled “One Waterway, Two Legal Systems.” The lively, good- humored exchange between the San Francisco-based Goldstein, a lead- ing American admiralty lawyer, and Swanson, a founding partner of Bernard Barristers in Vancouver, explored how two neighboring nations, sharing a single ocean and a common maritime heritage, approach the creation, regu- lation, and operation of ports. What emerged was a detailed portrait of simi- larities, divergences, and the delicate balance between commerce, law, and national security. Shared waters, divergent laws Goldstein opened with a nod to for- mer U.S. President Lyndon Johnson’s tribute to the “gift of Providence” that
create a Port Authority in the U.S., you go to your state legislature,” he said. “Each state has its own system.” In Washington State, for instance, cit- izens can form a port district by public vote under the Port District Act of 1911, electing commissioners to manage it. In California, there is no single act — each port has its own legislative frame- work. Once created, ports are governed by boards of commissioners who act as trustees, promoting commerce and development “in the public interest”. Swanson contrasted that with Canada’s federally centralized model, which stems from constitutional law. “In Canada, port creation and port regulation are federal responsibil- ities,” he said. “The Constitution gives Ottawa exclusive jurisdiction over ‘navigation and shipping’, which means provinces cannot enact laws that materially affect ports.” All Canadian ports operate under the Canada Marine Act , which empow- ers the federal Minister of Transport
placed Canada and the United States side by side on a shared continent. “We Americans and Canadians share much here on the West Coast,” he said. “A common border, a single waterway — the Pacific Ocean — and as seafaring peoples, a common interest in vital and well-run ports. But how we create and operate those ports from a legal stand- point reflects some shared approaches — and some very different ones too.” Swanson responded by citing Prime Minister Justin Trudeau’s 2016 com- ment that the two nations are “more like siblings,” with Canada as the “stay-at-home type” and the U.S. the “more rebellious” brother. “That’s true even in maritime law,” Swanson said. “We have shared core values, but we definitely do things differently.” Creating ports: State vs. federal jurisdiction Goldstein began by explaining how ports in the U.S. are largely creatures of state and local law. “If you want to
Peter Swanson and Alan Goldstein to discuss differences between the two countries’ maritime law.
22 — PACIFIC PORTS — October/November 2025
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