1 See, eg, Davies, Peter and Redgwell, Catherine ‘The international legal regulation of straddling fish stocks’ (1996) 67 British Yearbook of International Law 199–274 Google Scholar; ‘Ebb tide in the Grand Banks’ (1994) Business Week 4 July, p 63; ‘The ones that got away’ (1994) Economist 12 November, p 82. Also, Fairley, Brian, Leys, Colin, Sacouman, James (eds) Restructuring and resistance from Atlantic Canada (Toronto: Garamond, 1990)Google Scholar.

2 See, generally, ‘Special issue: Sustainable fisheries?’ (1996) 36 Sociologia Ruralis; Burke, William T The new international law of fisheries (Oxford: Clarendon, 1994)Google Scholar; Pontecorvo, Giulio (ed) Fisheries conflicts in the North Atlantic: Problems of management and jurisdiction (Cambridge, MA: Ballinger, 1978)Google Scholar. See also debates around drafting a UN treaty on migratory and straddling fish stocks, eg D Hargreaves, ‘UN angles for a deal with fishing countries’ (1995) Financial Times 13 April, p 2; ‘The economics of the sea’ (1995) Economist18 March, p 74. On the details of the agreement, see D H Anderson ‘The straddling stocks agreement of 1995 - an initial assessment’ (1996) 45 International and Comparative Law Quarterly 463–475; and David A Balton ‘Strengthening the law of the sea: The new agreement on straddling fish stocks and highly migratory fish stocks’ (1996) 27 Ocean Development and International Law 125–152.

3 See Davies, Peter ‘The EC/Canadian Fisheries Dispute in the Northwest Atlantic’ (1995) 44 International and Comparative Law Quarterly 927 Google Scholar.

4 Parliamentary discourse does not represent the sum of official discourse by any means. However, political debates encapsulate both state and civilian perspectives and offer an important condensation of ideas. A study of the media reporting of the fish war would also provide fruitful ground for analysis. Our selection of quotations is based upon a close reading of all the Commons and Lords debates in this conflict. We have endeavoured to base our thematic discussion in the substance of the parliamentary discourse, rather than select quotes and citations to illustrate preordained themes.

5 See, for example, Brah, Avtar ‘Re-framing Europe: En-gendered racisms, ethnicities and nationalisms in contemporary western Europe’ (1993) 45 Feminist Review 9–28; Nira Yural-Davis Gener and Nation (London: Sage, 1997)Google Scholar.

6 Arguably, British nationhood, in these debates, really meant ‘Englishness’. However, as we discuss both Britain's ethnic identity and political role in the world, we use the term ‘British’.

7 For a discussion of the context of British policy towards the EU, see Wallace, Helen ‘Relations between the European Union and the British administration’ in Meny, Yves, Muller, Pierre, and Quermonne, Jean-Louis (eds) Adjusting to Europe: The impact of the European Union on national institutions and policies (London: Routledge, 1996) pp 61–72 Google Scholar.

8 Bauman, Zygmunt ‘Soil, blood and identity’ (1992) 40 Sociological Review 675–701 CrossRefGoogle Scholar. See also, Femenia, Nora A The Falklands War (Commack, NY: Nova, 1996)Google Scholar.

9 See, generally, Balakrishnan, Gopal (ed) Mapping the nation (London: Verso, 1996)Google Scholar; Bauman op cit. On Europe, see, eg Garcia, Soledad (ed) European identity and the search for legitimacy (London: Pinter, 1993)Google Scholar. On Britain. see Darian-Smith, Eve ‘Law in place: Legal mediations of national identity and state territory in Europe’ in Fitzpatrick, Peter (ed) Nationalism, racism and the rule of law (Aldershot: Dartmouth, 1995) pp 27–43 Google Scholar. It is not our intention in this paper to explore the contentious question of whether nation-states are, in fact, disappearing into postmodern globalisation. For a range of opinion, see Balakrishnan, ed., above.

10 We use ‘Britain’, rather than United Kingdom, because the territory ‘imagined’ is that of a single geographical unit. It should also be kept in mind that when ‘Britain’ is used in these debates, ‘England’ is often meant.

11 By governance, we mean the political control, regulation or structuring of populations, territory and resources. For further discussion see Rose, Nikolas ‘Governing advanced liberal democracies’ in Barry, Andrew, Osborne, Thomas, and Rose, Nikolas (eds) Foucault and political reason (London: UCL Press, 1996), pp 37–64 Google Scholar; see also Cooper, Davina Governing out of order: Space, law and the politics of belonging (London: Rivers Oram Press, 1998)Google Scholar.

12 Anderson, Benedict Imagined communities (London: Verso, 1983)Google Scholar.

13 See, generally, Abrams, Jason ‘European economic community: Entry of Spain and Portugal’ (1986) 27 Harvard International Law Journal 250–258 Google Scholar.

14 See Churchill, Robin Rolf EC fisheries law (Dordecht, ND: Martinus Nijoff, 1987)Google Scholar; Karagiannakos, Apostolos Fisheries management in the European Union (Aldershot: Avebury, 1995)Google Scholar. For an early history of the CFP, see Farnell, John and Elles, James In search of a common fisheries policy (Aldershot: Gower, 1984)Google Scholar.

15 Abrams op cit 252–253; Churchill op cit 16.

16 Abrams op cit 256–257; Karagiannakos op cit 116–117.

17 There is a European delegation at NAFO comprising representatives from member states; the European Commission is the official voice of the delegation.

18 See Davies and Redgwell op cit.

19 For a brief history of Canadian battles with the EC during this period, see ‘Had bargaining ahead for Canada and the EEC in NAFO’ (1990) European Report 8 September; ‘Canada repeats warning to EEC on overifishing’ (1992) European Report 26 March; ‘Ministers trim Commission's 1994 TAC and quota cuts’ (1993) European Report 22 December.

20 See ‘Canada repeats warning to EEC on overfishing’ (1992) European Report 26 March.

21 See Davies and Redgwell op cit.

22 See Freestone, David ‘Canada/European Union’ (1996) International Journal of Marine and Coastal Law 397–411 Google Scholar, and discussion in Davies and Redgwell op cit.

23 See discussion of Factortame, below.

24 See eg Harding, J and Hargreaves, D ‘Fish knives out in defence of Canada's turbot’ (1995) Financial Times 11 March, p 2 Google Scholar; also S. Helm ‘Spanish armada sails as peace talks flounder’ (1995) Independent 15 March.

25 See ‘Canada seizes Spanish fishing ship on high seas’ (1995) Reuters European Community Reports 10 March.

26 See ‘Europe suspends dialogue in fish wars with Canada’ (1995) The Times 13 March, p 12; Simon, B and White, D ‘Brussels condemns Canada for seizing trawler in fishing row’ (1995) Financial Times 11 March, pp 1, 22Google Scholar; Southey, C and Barber, L ‘EU considers retaliation for seizure of boat’ (1995) Financial Times 11 March, p 2 Google Scholar; Palmer, J and Bates, S ‘EU severs contacts with Canada in fishing dispute’ (1995) Guardian 14 March, p 22 Google Scholar.

27 Palmer, J ‘EU steps up fish dispute with Canada’ (1995) Guardian 11 March, p 12 Google Scholar.

28 Simon, B ‘Canada braced for further fish conflict’ (1995) Financial Times 27 March, p 6 Google Scholar. Carvel, J and Tran, M ‘Spanish trawlers return to disputed waters’ (1995) Guardian 28 March, p 12 Google Scholar.

29 ‘Fish wars: Britain rejects sanctions on Ottawa’, (1995) Independent 29 March; ‘Britain rejects call for sanctions in fish war’ (1995) Times 30 March, p 14; ‘Major backs Canada in fishing dispute’ (1995) The Times 31 March, p 1.

30 The letter was then issued from the desk of the French Presidency of the EU Council of Ministers, rather than from the European Commission itself. See ‘Both sides declare progress in fish talks’ (1995) European Reports 1 April.

31 See discussion in Davies and Redgwell op cit.

32 See Southey, C and White, D ‘Spain rejects draft plan to end fishing rights row’ (1995) Financial Times 5 April, p 24 Google Scholar; ‘Spain rejects EU draft fisheries deal with Canada’ (1995) European Reports 4 April.

33 ‘EU divided over how to tackle fish row with Canada’ (1995) European Reports 8 April.

34 ‘Foreign ministers fail to resolve fish row’ (1995) European Reports 12 April.

35 ‘EU and Canada optimistic about resolving fish dispute’ (1995) European Reports 14 April.

36 It was formally adopted by the EU Council of Ministers (Portugal voting against) on 17 April, and confirmed by Agreed Minute on 20 April. See (1995) European Insight 21 April. For text of agreement, see Freestone op cit.

37 ‘EU and Canada celebrate Easter deal on fishing rights’ (1995) European Reports 19 April.

38 White, D ‘Madrid dismayed by “smears”’ (1995) Financial Times 18 April, p 3 Google Scholar.

39 See Davies and Redgwell op cit.

40 ‘Fish dispute becomes political issue in Spain’ (1995) Reuter European Community Report 18 April.

41 ‘EU and Canada celebrate Easter deal on fishing rights’ (1995) European Insight 21 April.

42 ‘Fisheries: Illegal Spanish trawler sent home from waters off Canada’ (1995) European Report 13 May.

43 ‘EU dismayed by Canada's approach to fish talks’ (1995) European Reports 5 July.

44 Billig, Michael Banal Nationalism (London: Sage, 1995) p 38 Google Scholar.

45 McDonald, Maryon ‘The construction of difference: An anthropolitical approach to stereotypes’ in MacDonald, Sharon (ed) Inside European identifies (Oxford: Berg, 1993) D 231 Google Scholar.

46 Note that piracy discourse was also used by Canada and Spain, about each other. However, these deployments are not our concern in this paper. See eg White, D ‘Media join forces to repel boarders’ (1995) Financial Times 13 April, p 2 Google Scholar; B Simon ‘Divided nation finds common enemy’ ibid.

47 See Lord Stoddart, Hansard, Lords, 30 March 1995, 1764, 22 March 1995, 1224, 7 February 1995, 103; Austin Mitchell MP, Commons, 13 March 1995, 564; Lord Clanwilliam, Lords, 22 March 1995, 1767; Michael Lord MP, Commons, 13 March 1995, 569; Lord Mountgarret, Lords, 22 March 1995,1770, also 7 February 1995, 104; Michael Colvin MP, Commons, 13 March 1995, 564; Graham Riddick, ibid, 568; Lord Dean, Lords, 3 April 1995, 4; Theresa Gorman MP, Commons, 29 March 1995, 1014.

48 Earl of Clanwilliam, Hansard, Lords, 30 March 1995, 1767 (italics added). See also, Lord Stoddart, ibid, 1764 and 22 March 1995, 1224; Austin Mitchell MP, Commons, 13 March 1995,564.

49 Lord Stoddart, Hansard, Lords, 30 March 1995, 1764.

50 Michael Colvin MP, Hansard, Commons, 13 March 1995, 564.

51 The Earl of Kinnoull, Hansard, Lords, 30 March 1995, 1761.

52 See eg William Cash MP, Hansard, Commons, 13 March 1995, 565.

53 Lord Morris, Hansard, Lords, 30 March 1995, 1771.

54 Margaret Ewing MP, Hansard, Commons, 13 March 1995, 565; also Gwyneth Dunwoody MP, ibid. See also discussion of Factortame, below.

55 See generally, Mosse, George Nationalism and sexuality (Madison: University of Wisconsin Press, 1985)Google Scholar.

56 Willoughby de Broke, Hansard, Lords, 30 March 1995, 1769.

57 See Brah op cit.

58 See generally Yuval-Davis op cit. In relation to nations and sexuality, see Mosse op cit; Cooper, Davina Power in Struggle (Buckingham: Open University Press, 1995) ch 4Google Scholar; Stychin, Carl ‘Queer nations: Nationalism, sexuality, and the discourse of rights in Quebec’ (1997) 5 Feminist Legal Studies 3–34 CrossRefGoogle Scholar.

59 Hansard, Commons, 13 March 1995, 561.

60 Hansard, Commons, 13 March 1995, 568.

61 Lord Stoddart, Hansard, Lords, 30 March 1995, 1763.

62 See William Waldegrave MP, Hansard, Commons, 28 March 1995, 829; Theresa Gorman MP, ibid, 29 March 1995, 1014. David Harris MP, ibid, 28 March 1995, 828 describes Bonino as having ‘gone completely over the top’.

63 Hansard, Lords, 30 March 1995, 1775.

64 While common-sense said that the Spanish lie, it was inconceivable Canadians could do the same: Lord Morris, Hansard, Lords, 30 March 1995, 1771: ‘I cannot believe that the Canadian Minister of Fisheries and Oceans is about lying in public.’.

65 See Mosse op cit p 20.

66 Austin Mitchell MP, Hansard, Commons, 13 March 1995, 563.

67 See Margaret Ewing MP, Hansard, Commons, 13 March 1995, 565–6. See also, for an account of how British constructions of Germany moved from being feminised to masculinised in the late nineteenth century, McDonald op cit p 230.

68 See Burg, Barry Richard Sodomy and the Pirate Tradition (New York: New York University Press, 1983)Google Scholar.

69 Herman, Didi The Antigay Agenda: Orthodox vision and the Christian Right (Chicago: University of Chicago Press, 1997)CrossRefGoogle Scholar.

70 See Wood, C ‘Who owns the sea?’ (1995) Macleans 27 March, pp 14–16 Google Scholar; Graham Riddick MP, Hansard, Commons, 13 March 1995, 567–8.

71 See Earl of Kinnoll, Hansard, Lords, 30 March 1995, 1761–2. See also Canadian Ministers comments about ‘baby’ and ‘immature’ fish in C Ward ‘Who owns the sea?’ (1995) Macleans 27 March, p 15.

72 Roger Knapman, Hansard, Commons, 13 March 1995, 568.

73 See Gill Seidel and Renate Gunther “‘Nation” and “family” in the British media reporting of the “Falklands conflict”’ in Seidel, G (ed) The nature of the right (Amsterdam: John Benjamins, 1988)CrossRefGoogle Scholar.

74 Hansard, Lords, 30 March 1995, 1772

75 As forms of ‘banal nationalism’, see Billig op cit.

76 Bauman op cit 678.

77 Theresa Gorman MP, Hansard, Commons, 29 March 1995, 1014; also Teddy Taylor MP, ibid., 28 March 1995, 829, and 13 March 1995, 562.

78 Lord Stoddart, Hansard, Lords, 22 March 1995, 1224. On the parallel construction of Argentinean fascism during the Falklands war, see Femenia op cit. On the Falklands war and political discourse generally, see Aulich, James (ed) Framing the Falklands war: Nationhood, culture and identity (Milton Keynes: Open University Press, 1992)Google Scholar.

79 Earl of Onslow, Hansard, Lords, 22 March 1995, 1225.

80 Austin Mitchell MP, Hansard, Commons, 13 March 1995, 563.

81 Peter Hardy MP, Hansard, Commons, 13 March 1995, 568.

82 There is, of course, also the erasure of indigenous peoples, immigrant communities, and non-Anglo ethnic groups.

83 See eg, Jenson, Jane ‘What's in a name? Nationalist movements and public discourse’ in Johnstone, Hank and Klandermans, Bert (eds) Social movements and culture (London: UCL Press, 1995)Google Scholar; Taylor, Charles in LaForest, G (ed) Reconciling solitudes: Essays on Canadian feder5ism and nationalism (Montrea/Kingston: McGill—Queens University Press, 1993)Google Scholar.

84 See eg Lord Morris, Hansard, Lords, 30 March 1995, 1771; also John Wilkinson MP, Commons, 18 April 1995, 23.

85 See eg several contributors in Fitzpatrick (ed) op cit.

86 Hansard, Commons, 18 April 1995, 26. See also Earl of Onslow, Hansard, Lords, 22 March 1995, 1225.

87 See generally Mosse op cit p 13.

88 In Canada, during the crisis, Brian Tobin, the Fisheries Minister, was referred to as ‘Captain Canada’. Thanks to René Provost for bringing this to our attention.

89 See John Wilkinson MP, Hansard, Commons, 18 April 1995, 23; Graham Riddick MP, ibid, 23 March 1995, 567; Lord Willoughby de Broke, Hansard, Lords, 22 March 1995, 1223; Lord Shaughnessy, ibid, 22 March 1995, 1224.

90 Michael Jack MP, Hansard, Commons, 13 March 1995, 564.

91 See Davies and Redgwell op cit.

92 For sympathetic coverage in the mainstream press, see Usborne, D ‘Bedeviled in the deep blue sea’ (1995) Independent 29 MarchGoogle Scholar; ‘Canada enjoys moral glow over “illegal” trawler arrest’ (1995) Independent 19 Marck ‘Canada champions the cause of the little fish (1995) Independent on Sunday 12 March; B Simon Turbot-charged …?’ (1995) Financial Times 18 March, p 9. See also White, D ‘Madrid dismayed by “smears”’ (1995) Financial Times 18 April, p 3 Google Scholar. Coverage in the tabloid press was rabidly anti-Spanish and pro-Canadian.

93 Hansard, Commons, 18 April 1995, 24.

94 See also, Carl F|Stychin ‘A postmodern constitutionalism: Equality rights, identity politics, and the Canadian national imagination’ (1994) 17 Dalhousie Law Journal 61–82 Google Scholar.

95 In this regard, science is a double-edged sword. While it makes possible actuarial calculations that quantify sustainable fishing, it is also responsible for the increased ‘efficiency’ of vessels and fishing techniques that have largely generated the problem. See Earl of Clanwilliam, Hansard, Lords, 30 March 1995, 1766; Lord Morris, ibid, 30 March 1995, 1771; also Wood, C, ‘Who owns the sea?’ (1995) Macleans 27 March, p 16 Google Scholar.

96 Kuehls, Thom ‘The nature of the state: An ecological (re)reading of sovereignty and territory’ in Ringrose, Marjorie and Lerner, Adam (eds) Reimagining the nation (Milton Keynes: Open University Press, 1993) pp 139–155 Google Scholar.

97 However, the correlation is not a direct one since Eurosceptics who supported Canadian demands for greater surveillance and enforcement procedures were not necessarily most in favour of intensified monitoring and regulation of migrating peoples.

98 See Owers, A ‘The age of internal controls?’ in Spencer, Sarah (ed) Strangers and Citizens (London: Rivers Oram, 1994)Google Scholar; Abdul Paliwala, ‘Law and the constitution of the “immigrant” in Europe: A UK policy perspective’ in Fitzpatrick (ed) op cit; also Brah op cit.

99 We use this word deliberately to mean both loss of power/sovereignty, and demasculinisation.

100 See also Cohen, Robin Frontiers of identity (Harlow: Longman, 1994) p 17 Google Scholar.

101 It should be noted that, for many Britons, the use of ‘family’ is more than rhetorical/ metaphorical as they actually have Canadian relatives.

102 Allan Rogers MP, Hansard, Commons, 13 March 1995, 568. See also, Nicholas Winterton MP, ibid, 18 April 1995, 25.

103 See eg Michael Jack MP, Hansard, Commons, 13 March 1995, 565, 568; John Wilkinson MP, ibid, 18 April 1995, 23, 28 March 1995, 832; Hartley Booth MP, ibid, 13 March 1995, 570; Baroness Elles, Lords, 30 March 1995, 1765. See, generally, Gary R Johnson ‘In the name of the fatherland An analysis of kin term usage in patriotic speech and literature’ (1987) 8 International Political Science Review 165–174.

104 Hansard, Commons, 28 March 1995, 829.

105 Gary Streeter MP, ibid.

106 Baroness Elles, Hansard, Lords, 30 March 1995, 1765.

107 Hansard, Commons, 13 March 1995, 568.

108 Allan Rogers MP, ibid.

109 See also Radice, Giles ‘Offshore: Britain and the European idea’ (London: IB Tauris and Co, 1992)Google Scholar.

110 See Habermas, Jurgen ‘The European nation state. Its achievements and its limitations. On the past and future of sovereignty and citizenship’ (1996) 9 Ratio Juris 125–137 Google Scholar; also, ‘Citizenship and national identity: Some reflections on the future of Europe’ (1992) 12 Praxis International 1, 11.

111 For instance, in relation to the US invasion of Grenada, and South African sanctions during the Thatcher years of the 1980s, Britain revealed a much more ambivalent relationship to the Commonwealth. Thanks to Carl Stychin for raising this point.

112 Hansard, Commons, 13 March 1995, 562

113 For two alternative conceptions of European governance, arising out of an integration theory approach, see Marks, Gary, Hooghe, Liesbet, and Blank, Kermit ‘European integration from the 1980s: State-centric v. Multi-level governance’ (1996) 34 Journal of Common Market Studies 341–376 CrossRefGoogle Scholar.

114 Barry, Andrew ‘The European community and European government. Harmonization, mobility and space’ (1993) 22 Economy and Society Review 314–326 Google Scholar.

115 See eg Nigel Spearing MP, Hansard, Commons, 13 March 1995, 569. Elsewhere, the term ‘supra-state’ is used, see eg Schmitter, Phillippe C ‘Examining the present Europolity with the help of past theories’ in Marks, Gary, Scharpf, Fritz W, Schmitter, Philippe C, Wolfgang Streeck Governance in the European Union (London: Sage, 1996). pp 1–12 Google Scholar.

116 See Habermas op cit.

117 Wilson, Kevin and der Dussen, Jan Van (eds) The history of the idea of Europe (Milton Keynes: Open University Press, 1995), p 184 Google Scholar.

118 For a measured discussion of EU power, vis-àvis member states, see Marks et al, Journal of Common Market Studies op cit.

119 Lord Stoddart, Hansard, Lords, 30 March 1995, 1763.

120 Viscount Mountgarret, Hansard, Lords, 7 February 1995, 104.

121 Lord Stoddart, Hansard, ibid, 7 February 1995, 103–4.

122 Hansard, Lords, 30 March 1995, 1769–70.

123 ‘EU divided over how to tackle fish row with Canada’ (1995) European Report 8 April.

124 Hansard, Lords, 22 March 1995, 1225. See also, Lord McAvoy, ibid, 23 March 1995, 477.

125 See Peter Shore MP, Hansard, Commons, 13 March 1995, 562; Vicount Mountgarret, Lords, 30 March 1995, 1770; Lord Stoddart, ibid, 7 February 1995, 103.

126 See generally, Anderson op cit p 26.

127 Case C-221/89 R v Secretary of State for Transport, exp Factortame (No 2) [1991] ECR 1–3905.

128 See Scheff op cit.

129 Lord Stoddart, Hansard, Lords, 30 March 1995, 1763.

130 Note that this is in some contrast to the usual depiction of the EU as the mediator, see eg Marks et al, Journal of Common Market Studies op cit p 365.

131 Baroness Chalker, Hansard, Lords, 16 March 1995, 52; Earl Howe, ibid, 22 March 1995, 1223; William Waldegrave MP, Commons, 28 March 1995, 827. See also Douglas Hurd MP, quoted in, ‘EU claims victory over Canada in halibut war’ (1995) The Times 16 March, p 10.

132 Hansard, Commons, 18 April 1995, 25.

133 See eg Allan Rogers MP, Hansard, Commons, 13 March 1995, 568.

134 Earl Howe, Hansard, Lords, 22 March 1995, 1223.

135 ‘Both sides declare progress in fish talks’ (1995) European Report 1 April.

136 Despite a semblance of lack of self-interest, the episode had several economic benefits for Britain. It deflected attention from Spanish demands for more extensive fishing access in their own waters; while the focus on Spanish and Portuguese excesses also diverted notice away from Britain's own anti-conservationist practices, in particular, its use of drift-net fishing - see ‘Spain plans to end driftnets in EU waters’ (1995) European Report 5 July.

137 Hansard, Commons, 29 March 1995, 1014.

138 Michael Jack MP, Hansard, Commons, 13 March 1995, 477; William Waldegrave, ibid, 28 March 1995, 827, 829.

139 Michael Jack MP, Hansard, Commons, 13 March 1995, 477.

140 William Waldegrave MP, Hansard, Commons, 18 April 1995, 21–22.

141 See Barber, L ‘Spain faces pressure to soften stance in fish row’ (1995) Financial Times 11 April, p 18 Google Scholar.

142 See eg William Waldegrave MP, Hansard, Commons, 18 April 1995, 19–20.

143 Teddy Taylor MP, Hansard, 18 April 1995, 20.