The disputed maritime zones around Svalbard

Robin Churchill, Geir Ulfstein

    Research output: Chapter in Book/Report/Conference proceedingChapter

    9 Citations (Scopus)

    Abstract

    Before the First World War the Arctic archipelago of Svalbard was a terra nullius. Under a treaty of 1920 Norway’s sovereignty over Svalbard was recognised, while the other States parties to the Treaty were accorded equal rights to carry on certain economic activities, including fishing and mining, in Svalbard’s territorial waters. By virtue of its sovereignty, Norway is entitled to establish the full range of maritime zones in respect of Svalbard. It has established a 12-mile territorial sea and a 200-mile fishery protection zone (rather than an Exclusive Economic Zone) around Svalbard. Svalbard also has a continental shelf, extending beyond 200 miles in places. The Norwegian government argues that the equal rights of fishing and mining do not apply beyond the territorial sea, whereas a number of other States parties take the opposite view. This paper examines both sets of arguments, and reaches the conclusion that there is no clear-cut answer to the question. The final part of the paper suggests various ways in which the dispute between Norway and other States parties over the geographical application of the Treaty could be resolved.
    Original languageEnglish
    Title of host publicationChanges in the Arctic environment and the law of the sea
    PublisherBrill Academic Publishers
    Pages551-593
    Number of pages43
    ISBN (Print)9789004177567
    Publication statusPublished - 2010

    Publication series

    NameChanges in the Arctic environment and the law of the sea
    PublisherBrill/Martinus Nijhoff

    Fingerprint

    party state
    treaty
    Norway
    sovereignty
    First World War
    Arctic
    fishery
    economics
    water

    Keywords

    • Maritime zones
    • Jurisdiction
    • Norway
    • Svalbard

    Cite this

    Churchill, R., & Ulfstein, G. (2010). The disputed maritime zones around Svalbard. In Changes in the Arctic environment and the law of the sea (pp. 551-593). (Changes in the Arctic environment and the law of the sea). Brill Academic Publishers.
    Churchill, Robin ; Ulfstein, Geir. / The disputed maritime zones around Svalbard. Changes in the Arctic environment and the law of the sea. Brill Academic Publishers, 2010. pp. 551-593 (Changes in the Arctic environment and the law of the sea).
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    keywords = "Maritime zones, Jurisdiction, Norway, Svalbard",
    author = "Robin Churchill and Geir Ulfstein",
    note = "Based on papers presented at the 33rd Annual Conference of the Center for Oceans Law and Policy, May 20-23, 2009, Seward, Alaska. The PowerPoint presentations by both authors on Svalbard can be viewed at http://www.virginia.edu/colp/pdf/Churchill-Svalbard.pdf and http://www.virginia.edu/colp/pdf/Ulfstein-Svalbard.pdf The authors graciously elected to provide a comprehensive joint publication for these proceedings. dc.ispartof: Center for Oceans Law and Policy;14",
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    Churchill, R & Ulfstein, G 2010, The disputed maritime zones around Svalbard. in Changes in the Arctic environment and the law of the sea. Changes in the Arctic environment and the law of the sea, Brill Academic Publishers, pp. 551-593.

    The disputed maritime zones around Svalbard. / Churchill, Robin; Ulfstein, Geir.

    Changes in the Arctic environment and the law of the sea. Brill Academic Publishers, 2010. p. 551-593 (Changes in the Arctic environment and the law of the sea).

    Research output: Chapter in Book/Report/Conference proceedingChapter

    TY - CHAP

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    AU - Ulfstein, Geir

    N1 - Based on papers presented at the 33rd Annual Conference of the Center for Oceans Law and Policy, May 20-23, 2009, Seward, Alaska. The PowerPoint presentations by both authors on Svalbard can be viewed at http://www.virginia.edu/colp/pdf/Churchill-Svalbard.pdf and http://www.virginia.edu/colp/pdf/Ulfstein-Svalbard.pdf The authors graciously elected to provide a comprehensive joint publication for these proceedings. dc.ispartof: Center for Oceans Law and Policy;14

    PY - 2010

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    N2 - Before the First World War the Arctic archipelago of Svalbard was a terra nullius. Under a treaty of 1920 Norway’s sovereignty over Svalbard was recognised, while the other States parties to the Treaty were accorded equal rights to carry on certain economic activities, including fishing and mining, in Svalbard’s territorial waters. By virtue of its sovereignty, Norway is entitled to establish the full range of maritime zones in respect of Svalbard. It has established a 12-mile territorial sea and a 200-mile fishery protection zone (rather than an Exclusive Economic Zone) around Svalbard. Svalbard also has a continental shelf, extending beyond 200 miles in places. The Norwegian government argues that the equal rights of fishing and mining do not apply beyond the territorial sea, whereas a number of other States parties take the opposite view. This paper examines both sets of arguments, and reaches the conclusion that there is no clear-cut answer to the question. The final part of the paper suggests various ways in which the dispute between Norway and other States parties over the geographical application of the Treaty could be resolved.

    AB - Before the First World War the Arctic archipelago of Svalbard was a terra nullius. Under a treaty of 1920 Norway’s sovereignty over Svalbard was recognised, while the other States parties to the Treaty were accorded equal rights to carry on certain economic activities, including fishing and mining, in Svalbard’s territorial waters. By virtue of its sovereignty, Norway is entitled to establish the full range of maritime zones in respect of Svalbard. It has established a 12-mile territorial sea and a 200-mile fishery protection zone (rather than an Exclusive Economic Zone) around Svalbard. Svalbard also has a continental shelf, extending beyond 200 miles in places. The Norwegian government argues that the equal rights of fishing and mining do not apply beyond the territorial sea, whereas a number of other States parties take the opposite view. This paper examines both sets of arguments, and reaches the conclusion that there is no clear-cut answer to the question. The final part of the paper suggests various ways in which the dispute between Norway and other States parties over the geographical application of the Treaty could be resolved.

    KW - Maritime zones

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    SP - 551

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    BT - Changes in the Arctic environment and the law of the sea

    PB - Brill Academic Publishers

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    Churchill R, Ulfstein G. The disputed maritime zones around Svalbard. In Changes in the Arctic environment and the law of the sea. Brill Academic Publishers. 2010. p. 551-593. (Changes in the Arctic environment and the law of the sea).