Svalbard Treaty
Encyclopedia
The Treaty between Norway, The United States of America, Denmark, France, Italy, Japan, the Netherlands, Great Britain and Ireland and the British overseas Dominions and Sweden concerning Spitsbergen signed in Paris 9th February 1920, commonly called the Svalbard Treaty or the Spitsbergen Treaty for short, recognises the full and absolute sovereignty of Norway
over the Arctic
archipelago of Svalbard
, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and not all Norwegian law applies. The treaty regulates the demilitarisation
of the archipelago. The signatories were given equal rights to engage in commercial activities (mainly coal mining
) on the islands. , Norway and Russia
are utilising this right.
There were fourteen original High Contracting Parties, including: the United States
, Denmark
, France
, Italy
, Japan
, the Netherlands
, Norway
, Sweden
, and the United Kingdom of Great Britain and Ireland
and British overseas dominions of Canada
, Australia
, India
, South Africa
and New Zealand
. Several additional nations signed within the next five years before the treaty came into force, including the Soviet Union
in 1924 and Germany
and China
in 1925. There are now over 40 signatories. The treaty was submitted for registration in the League of Nations Treaty Series on October 21, 1920.
Of the original signatories Japan was the last to ratify the treaty on 2 August 1925. Subsequently, on 14 August 1925, the treaty came into force.
Norway then took over sovereign governorship and immediately enacted a series of environmental protection measures.
, whaling
, mining
, tourism
, and research
. Having no nation left Svalbard largely free of any regulations or laws, though there were conflicts over the area due to whaling rights and issues of sovereignty between The United Kingdom
, The Netherlands
, and Denmark–Norway
in the first half of the seventeenth century. However, by the twentieth century mine deposits were found in Svalbard and continual conflicts between miners and owners created a need for a government.
during the Versailles
negotiations after World War I. In this treaty, international diplomacy recognized Norwegian sovereignty (the Norwegian administration went in effect by 1925) as well as other principles relating to Svalbard. This includes:
(4 nautical miles at the time), but not to the wider Exclusive Economic Zone
; in addition, it argues that the continental shelf
is a part of mainland Norway's continental shelf, and should be governed by the 1958 Continental Shelf Convention
. The Soviet Union and now Russia dispute this position and consider the Spitsbergen Treaty to apply to the entire zone; talks were held in 1978 in Moscow, but did not resolve the issue. Finland and Canada support Norway's position, while most of the other treaty signatories have expressed no official position. The relevant parts of the treaty go as follows:
in 2011. If the treaty comes into effect outside the zone, then Norway will not be able to claim the full 78% of profits of oil- and gas harvesting, said Aftenposten in 2011.
According to this outdated list (sorted alphabetically); dates below reflect when the signatory nation ratified the treaty, which was often years after a national official actually first signed on:
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
over the Arctic
Arctic
The Arctic is a region located at the northern-most part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, Greenland, the United States, Norway, Sweden, Finland, and Iceland. The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost...
archipelago of Svalbard
Svalbard
Svalbard is an archipelago in the Arctic, constituting the northernmost part of Norway. It is located north of mainland Europe, midway between mainland Norway and the North Pole. The group of islands range from 74° to 81° north latitude , and from 10° to 35° east longitude. Spitsbergen is the...
, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and not all Norwegian law applies. The treaty regulates the demilitarisation
Demilitarized zone
In military terms, a demilitarized zone is an area, usually the frontier or boundary between two or more military powers , where military activity is not permitted, usually by peace treaty, armistice, or other bilateral or multilateral agreement...
of the archipelago. The signatories were given equal rights to engage in commercial activities (mainly coal mining
Coal mining
The goal of coal mining is to obtain coal from the ground. Coal is valued for its energy content, and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United States,...
) on the islands. , Norway and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
are utilising this right.
There were fourteen original High Contracting Parties, including: the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, and the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
and British overseas dominions of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. Several additional nations signed within the next five years before the treaty came into force, including the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
in 1924 and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
in 1925. There are now over 40 signatories. The treaty was submitted for registration in the League of Nations Treaty Series on October 21, 1920.
Of the original signatories Japan was the last to ratify the treaty on 2 August 1925. Subsequently, on 14 August 1925, the treaty came into force.
Norway then took over sovereign governorship and immediately enacted a series of environmental protection measures.
History
Svalbard began as a territory free of a nation, with multiple people from different countries participating in industries including fishingFishing
Fishing is the activity of trying to catch wild fish. Fish are normally caught in the wild. Techniques for catching fish include hand gathering, spearing, netting, angling and trapping....
, whaling
Whaling
Whaling is the hunting of whales mainly for meat and oil. Its earliest forms date to at least 3000 BC. Various coastal communities have long histories of sustenance whaling and harvesting beached whales...
, mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
, tourism
Tourism
Tourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes".Tourism has become a...
, and research
Research
Research can be defined as the scientific search for knowledge, or as any systematic investigation, to establish novel facts, solve new or existing problems, prove new ideas, or develop new theories, usually using a scientific method...
. Having no nation left Svalbard largely free of any regulations or laws, though there were conflicts over the area due to whaling rights and issues of sovereignty between The United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, The Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, and Denmark–Norway
Denmark–Norway
Denmark–Norway is the historiographical name for a former political entity consisting of the kingdoms of Denmark and Norway, including the originally Norwegian dependencies of Iceland, Greenland and the Faroe Islands...
in the first half of the seventeenth century. However, by the twentieth century mine deposits were found in Svalbard and continual conflicts between miners and owners created a need for a government.
The Treaty
By 9 February 1920 the Spitsbergen Treaty was signed in ParisParis
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
during the Versailles
Versailles
Versailles , a city renowned for its château, the Palace of Versailles, was the de facto capital of the kingdom of France for over a century, from 1682 to 1789. It is now a wealthy suburb of Paris and remains an important administrative and judicial centre...
negotiations after World War I. In this treaty, international diplomacy recognized Norwegian sovereignty (the Norwegian administration went in effect by 1925) as well as other principles relating to Svalbard. This includes:
- Svalbard is part of Norway: Svalbard is completely controlled and part of the Kingdom of Norway. However, Norway's power over Svalbard is restricted to limitations listed below
- Taxation: This allows taxes to be collected, but only enough to support Svalbard and the Svalbard government. This results in lower taxes than mainland Norway and the exclusion of any taxes on Svalbard supporting Norway directly. Also, Svalbard's revenues and expenses are separately budgeted from mainland Norway.
- Environmental conservation: Norway must respect and preserve the Svalbard environment
- Non-discrimination: All citizens and all companies of every nation under the treaty are allowed to become residents and to have access to Svalbard including the right to fishFishFish are a paraphyletic group of organisms that consist of all gill-bearing aquatic vertebrate animals that lack limbs with digits. Included in this definition are the living hagfish, lampreys, and cartilaginous and bony fish, as well as various extinct related groups...
, huntHuntingHunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
or undertake any kind of maritimeSeaA sea generally refers to a large body of salt water, but the term is used in other contexts as well. Most commonly, it means a large expanse of saline water connected with an ocean, and is commonly used as a synonym for ocean...
, industrialIndustryIndustry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...
, miningMiningMining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
or tradeTradeTrade is the transfer of ownership of goods and services from one person or entity to another. Trade is sometimes loosely called commerce or financial transaction or barter. A network that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and...
activity. The residents of Svalbard must follow Norwegian law though Norwegian authority cannot discriminate or favor any residents of a certain nationality.
- Military restrictions: Article 9 prohibits naval bases and fortifications and also the use of Svalbard for war-like purposes. It is not, however, entirely demilitarizedDemilitarized zoneIn military terms, a demilitarized zone is an area, usually the frontier or boundary between two or more military powers , where military activity is not permitted, usually by peace treaty, armistice, or other bilateral or multilateral agreement...
.
200-nautical-mile (370 km) zone around Svalbard
There has been a long-running dispute, primarily between Norway and the Soviet Union (and now Russia) over fishing rights in the region. In 1977, Norway established a regulated fishery in a 200 nautical miles (370.4 km) zone around Svalbard (though it did not close the zone to foreign access). It argues that the treaty's provisions of equal economic access only apply to the islands and their territorial watersTerritorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
(4 nautical miles at the time), but not to the wider Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
; in addition, it argues that the continental shelf
Continental shelf
The continental shelf is the extended perimeter of each continent and associated coastal plain. Much of the shelf was exposed during glacial periods, but is now submerged under relatively shallow seas and gulfs, and was similarly submerged during other interglacial periods. The continental margin,...
is a part of mainland Norway's continental shelf, and should be governed by the 1958 Continental Shelf Convention
Convention on the Continental Shelf
The Convention on the Continental Shelf was an international treaty created to codify the rules of international law relating to continental shelves. The treaty, after entering into force 10 June 1964, established the rights of a sovereign state over the continental shelf surrounding it, if there...
. The Soviet Union and now Russia dispute this position and consider the Spitsbergen Treaty to apply to the entire zone; talks were held in 1978 in Moscow, but did not resolve the issue. Finland and Canada support Norway's position, while most of the other treaty signatories have expressed no official position. The relevant parts of the treaty go as follows:
Ships and nationals of all the High Contracting Parties shall enjoy equally the rights of fishing and hunting in the territories specified in Article 1 and in their territorial waters. (from Article 2)
They shall be admitted under the same conditions of equality to the exercise and practice of all maritime, industrial, mining or commercial enterprises both on land and in the territorial waters, and no monopoly shall be established on any account or for any enterprise whatever. (from Article 3)
Natural resources outside the 200-nautical-mile (370 km) zone
"Mainly the dispute is about whether the Svalbard Treaty also is in effect, outside the 200-nautical-mile (370 km) zone", according to AftenpostenAftenposten
Aftenposten is Norway's largest newspaper. It retook this position in 2010, taking it from the tabloid Verdens Gang which had been the largest newspaper for several decades. It is based in Oslo. The morning edition, which is distributed across all of Norway, had a circulation of 250,179 in 2007...
in 2011. If the treaty comes into effect outside the zone, then Norway will not be able to claim the full 78% of profits of oil- and gas harvesting, said Aftenposten in 2011.
Signatories
| Country | Date of ratification |
|---|---|
| Afghanistan | 1925-11-23 |
| Albania | 1930-04-29 |
| Argentina | 1927-05-06 |
| Australia | 1923-12-29 |
| Austria | 1930-03-12 |
| Belgium | 1925-05-27 |
| Bulgaria | 1925-10-20 |
| Canada | 1923-12-29 |
| Chile | 1928-12-17 |
| China | 1925-07-01 |
| Czech Republic | 2006-06-21 |
| Denmark | 1924-01-24 |
| Dominican Republic | 1927-02-03 |
| Egypt | 1925-09-13 |
| Estonia | 1930-04-07 |
| Finland | 1925-08-12 |
| France | 1924-09-06 |
| Germany | 1925-11-16 |
| Greece | 1925-10-21 |
| Hungary | 1927-10-29 |
| Iceland | 1994-05-31 |
| India | 1923-12-29 |
| Italy | 1924-08-06 |
| Japan | 1925-04-02 |
| Monaco | 1925-06-22 |
| Netherlands | 1920-09-03 |
| New Zealand | 1923-12-29 |
| Norway | 1924-10-08 |
| Poland | 1931-09-02 |
| Portugal | 1927-10-24 |
| Romania | 1925-07-10 |
| Russia | 1935-05-07 |
| Saudi Arabia | 1925-08-14 |
| South Africa | 1923-12-29 |
| Spain | 1925-11-12 |
| Sweden | 1924-09-15 |
| Switzerland | 1925-06-30 |
| Ukraine | 1935-05-07 |
| United Kingdom | 1923-12-29 |
| USA | 1924-04-02 |
| Venezuela | 1928-02-08 |
External links
- Treaty between Norway, The United States of America, Denmark, France, Italy, Japan, the Netherlands, Great Britain and Ireland and the British overseas Dominions and Sweden concerning Spitsbergen signed in Paris 9th February 1920. (In Norwegian, English and French, click "Original tekst".)
- Treaty Concerning the Archipalego of Spitsbergen
- Svalbard Treaty and Ratification (in Norwegian)
- Svalbard – an important arena - Speech by Norwegian Minister of Foreign Affairs, 15 April 2006.