The Svalbard Treaty (originally the Spitsbergen Treaty) recognises the 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. As of 2012[update], Norway and Russia make use of this right.
Svalbard Treaty
Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen, including Bear Island Traité reconnaissant la souveraineté de la Norvège sur l’archipel du Spitsberg, y compris l’île aux Ours
Many additional nations acceded to the treaty after it was ratified by the original signatories, including several before it came into force. As of 2018[update], there are 46 parties to the treaty.[1]
The original treaty is titled the Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen. It refers to the entire archipelago as Spitsbergen, which had been the only name in common usage since 1596 (with minor variations in spelling). In 1925, five years after the conclusion of the treaty, the Norwegian authorities proceeded to officially rename the islands "Svalbard". This new name was a modern adaptation of the ancient toponym Svalbarði, attested in the Norse sagas as early as 1194. The exonymSpitsbergen subsequently came to be applied to the main island in the archipelago.[7][8] Accordingly, in modern historiography the Treaty of Spitsbergen is commonly referred to anachronistically as the Svalbard Treaty to reflect the name change.[citation needed]
History
The archipelago was discovered by the Dutch explorer Willem Barentsz in 1596.[9] It was named Spitsbergen, meaning 'sharp-peaked mountains' (literally 'spit-bergs'). It was uninhabited.[10] The islands were renamed in the 1920s by Norway as Svalbard.[11]
Spitsbergen/Svalbard began as a territory free of a nation, with people from different countries participating in industries including fishing, whaling, mining, research and later, tourism. Not belonging to any nation left Svalbard largely free of regulations or laws, though there were conflicts over the area due to whaling rights and sovereignty disputes between England, the Netherlands and Denmark–Norway in the first half of the 17th century.[12] By the 20th century mineral deposits were found on the main island and continual conflicts between miners and owners created the need for a government.[13]
Contents
The Spitsbergen Treaty was signed in Paris on 9 February 1920, during the Versailles negotiations after World War I. In this treaty, international diplomacy recognized Norwegian sovereignty (the Norwegian administration went in effect by 1925) and other principles relating to Svalbard. This includes:[5]
Svalbard is part of Norway: Svalbard is completely controlled by and forms part of the Kingdom of Norway. However, Norway's power over Svalbard is restricted by the 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 fish, hunt or undertake any kind of maritime, industrial, mining or trade activity. The residents of Svalbard must follow Norwegian law, though Norwegian authority cannot discriminate against or favor any residents of any given 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 demilitarized.[citation needed]
Disputes regarding natural resources
Two hundred nautical mile zone around Svalbard
There has been a long-running dispute, primarily between Norway and Russia (and before it, the Soviet Union) over fishing rights in the region.[14][15] In 1977, Norway established a regulated fishery in a 200 nautical miles (370 km) zone around Svalbard (though it did not close the zone to foreign access).[14] Norway argues that the treaty's provisions of equal economic access apply only to the islands and their territorial waters (four 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.[15] The Soviet Union/Russia disputed and continues to 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.[14] Finland and Canada support Norway's position, while most of the other treaty signatories have expressed no official position.[14] The relevant parts of the treaty are 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 zone
"Mainly the dispute is about whether the Svalbard Treaty also is in effect outside the 12 nautical mile territorial sea," according to Norway's largest newspaper, Aftenposten. 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.[16]
Parties
A list of parties[17] is shown below; the dates below reflect when a nation deposited its instrument of ratification or accession.[1][18] Some parties are successor states to the countries that joined the treaty, as noted below.
Czechoslovakia acceded to the treaty on 9 July 1930. On 21 June 2006, the Czech Republic stated that it considered itself bound to the treaty since its independence on 1 January 1993, as a successor state.
Acceded as the Weimar Republic. On 21 October 1974, East Germany stated that it also reapplied the treaty since 7 August 1974. East Germany reunited with West Germany in 1990.
Ireland was part of the United Kingdom when the latter signed the treaty, but most of Ireland left the United Kingdom and formed the Irish Free State before the treaty was ratified. On 15 April 1976, Ireland stated that it also applied the treaty since its ratification by the United Kingdom.
Czechoslovakia acceded to the treaty on 9 July 1930. On 21 February 2017, Slovakia stated that it considered itself bound to the treaty since its independence on 1 January 1993, as a successor state.
Yugoslavia also acceded to the treaty on 6 July 1925, but, as of 2018, none of its successor states have declared to continue application of the treaty.
^Immigrants warmly welcomed, Al Jazeera, 4 July 2006.
^League of Nations Treaty Series, vol. 2, pp. 8–19
^On Dutch interest and historical claims see Muller, Hendrik, ‘Nederland's historische rechten op Spitsbergen’, Tijdschrift van het Koninklijk Nederlandsch Aardrijkskundig Genootschap 2e serie, deel 34 (1919) no. 1, 94–104.
^ ab. Archived from the original on 2 July 2017. Retrieved 8 August 2021.
^Spitsbergen Treaty and Ratification (in Norwegian)
^"Norwegian place names in polar regions". Norwegian Polar Institute.
^Grydehøj, Adam (2020), "Svalbard: International Relations in an Exceptionally International Territory", The Palgrave Handbook of Arctic Policy and Politics, Springer International Publishing, pp. 267–282, doi:10.1007/978-3-030-20557-7_17, ISBN978-3-030-20556-0, S2CID 211340284 Alt URL
^Torkildsen, Torbjørn; et al. (1984). Svalbard: vårt nordligste Norge (in Norwegian). Oslo: Forlaget Det Beste. p. 30. ISBN82-7010-167-2.
^Umbreit, Andreas (2005). Guide to Spitsbergen. Bucks: Bradt. pp. XI–XII. ISBN1-84162-092-0.
^Arlov, Thor B. (1996). Svalbards historie (in Norwegian). Oslo: Aschehoug. pp. 249, 261, 273. ISBN82-03-22171-8.
^ abcdAlex G. Oude Elferink (1994). The Law of Maritime Boundary Delimitation: A Case Study of the Russian Federation. Martinus Nijhoff. pp. 230–231.
^ abWilly Østreng (1986). "Norway in Northern Waters". In Clive Archer & David Scrivener (ed.). Northern Waters: Security and Resource Issues. Routledge. pp. 165–167.
^Aftenposten, "USA snuser på Svalbard-olje". Torbjørn Pedersen, p. 14
^Traktaten er tiltrådt av Afghanistan, Albania, Argentina, Australia, Belgia, Bulgaria, Canada, Chile, Danmark, Den Dominikanske Republikk, Egypt, Estland, Finland, Frankrike, Hellas, India, Island, Italia, Japan, Kina, Latvia, Litauen, Monaco, Nederland, New Zealand, Nord-Korea, Norge, Polen, Portugal, Romania, Russland, Saudi Arabia (Hedjaz), Spania, Storbritannia, Sveits, Sverige, Sør-Afrika, Sør-Korea, Tsjekkia, Tyskland, Ungarn, USA, Venezuela og Østerrike // Traktat mellem Norge, Amerikas Forente Stater, Danmark, Frankrike, Italia, Japan, Nederlandene, Storbritannia og Irland og de britiske oversjøiske besiddelser og Sverige angående Spitsbergen [Svalbardtraktaten], Rettet 28.04.2022 (tegnsetting i lister tilpasset universell utforming) (norw.)
^"Treaty concerning the Archipelago of Spitsbergen, including Bear Island". Government of the Netherlands. Retrieved 19 February 2019.
Further reading
Moe, Arild; Schei, Peter Johan (18 November 2005). (PDF). Prepared for French-Norwegian Seminar at IFRI, Paris, 24 November 2005. Fridtjof Nansen Institute (www.fni.no). Archived from the original (PDF) on 7 December 2008. Retrieved 11 August 2008. {{cite journal}}: Cite journal requires |journal= (help)
External links
Wikisource has original text related to this article:
Spitsbergen Treaty
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.
Treaty Concerning the Archipelago of Spitsbergen
Svalbard Treaty and Ratification (in Norwegian)
Svalbard – an important arena – Speech by Norwegian Minister of Foreign Affairs, 15 April 2006.
January 05, 2023
svalbard, treaty, originally, spitsbergen, treaty, recognises, sovereignty, norway, over, arctic, archipelago, svalbard, time, called, spitsbergen, exercise, sovereignty, however, subject, certain, stipulations, norwegian, applies, treaty, regulates, demilitar. The Svalbard Treaty originally the Spitsbergen Treaty recognises the 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 As of 2012 update Norway and Russia make use of this right Svalbard TreatyTreaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen including Bear IslandTraite reconnaissant la souverainete de la Norvege sur l archipel du Spitsberg y compris l ile aux OursRatifications of the treatySigned9 February 1920LocationParis FranceEffective14 August 1925ConditionRatification by all the signatory powersParties46 1 See listDepositaryGovernment of the French RepublicLanguagesFrench and EnglishFull textSpitsbergen Treaty at WikisourceUniquely the archipelago is an entirely visa free zone under the terms of the Svalbard Treaty 2 The treaty was signed on 9 February 1920 and submitted for registration in the League of Nations Treaty Series on 21 October 1920 3 There were 14 original High Contracting Parties Denmark France Italy Japan the Netherlands 4 Norway Sweden the United Kingdom including the dominions of Australia Canada New Zealand South Africa India and the United States 5 Of the original signatories Japan was the last to ratify the treaty on 2 April 1925 and the treaty came into force on 14 August 1925 6 Many additional nations acceded to the treaty after it was ratified by the original signatories including several before it came into force As of 2018 update there are 46 parties to the treaty 1 Contents 1 Name of the treaty 2 History 3 Contents 4 Disputes regarding natural resources 4 1 Two hundred nautical mile zone around Svalbard 4 2 Natural resources outside the 200 nautical mile zone 5 Parties 6 See also 7 References 8 Further reading 9 External linksName of the treaty EditThe original treaty is titled the Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen It refers to the entire archipelago as Spitsbergen which had been the only name in common usage since 1596 with minor variations in spelling In 1925 five years after the conclusion of the treaty the Norwegian authorities proceeded to officially rename the islands Svalbard This new name was a modern adaptation of the ancient toponym Svalbardi attested in the Norse sagas as early as 1194 The exonym Spitsbergen subsequently came to be applied to the main island in the archipelago 7 8 Accordingly in modern historiography the Treaty of Spitsbergen is commonly referred to anachronistically as the Svalbard Treaty to reflect the name change citation needed History EditThe archipelago was discovered by the Dutch explorer Willem Barentsz in 1596 9 It was named Spitsbergen meaning sharp peaked mountains literally spit bergs It was uninhabited 10 The islands were renamed in the 1920s by Norway as Svalbard 11 Spitsbergen Svalbard began as a territory free of a nation with people from different countries participating in industries including fishing whaling mining research and later tourism Not belonging to any nation left Svalbard largely free of regulations or laws though there were conflicts over the area due to whaling rights and sovereignty disputes between England the Netherlands and Denmark Norway in the first half of the 17th century 12 By the 20th century mineral deposits were found on the main island and continual conflicts between miners and owners created the need for a government 13 Contents EditThe Spitsbergen Treaty was signed in Paris on 9 February 1920 during the Versailles negotiations after World War I In this treaty international diplomacy recognized Norwegian sovereignty the Norwegian administration went in effect by 1925 and other principles relating to Svalbard This includes 5 Svalbard is part of Norway Svalbard is completely controlled by and forms part of the Kingdom of Norway However Norway s power over Svalbard is restricted by the 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 fish hunt or undertake any kind of maritime industrial mining or trade activity The residents of Svalbard must follow Norwegian law though Norwegian authority cannot discriminate against or favor any residents of any given 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 demilitarized citation needed Disputes regarding natural resources EditTwo hundred nautical mile zone around Svalbard Edit There has been a long running dispute primarily between Norway and Russia and before it the Soviet Union over fishing rights in the region 14 15 In 1977 Norway established a regulated fishery in a 200 nautical miles 370 km zone around Svalbard though it did not close the zone to foreign access 14 Norway argues that the treaty s provisions of equal economic access apply only to the islands and their territorial waters four 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 15 The Soviet Union Russia disputed and continues to 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 14 Finland and Canada support Norway s position while most of the other treaty signatories have expressed no official position 14 The relevant parts of the treaty are 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 zone Edit Mainly the dispute is about whether the Svalbard Treaty also is in effect outside the 12 nautical mile territorial sea according to Norway s largest newspaper Aftenposten 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 16 Parties EditA list of parties 17 is shown below the dates below reflect when a nation deposited its instrument of ratification or accession 1 18 Some parties are successor states to the countries that joined the treaty as noted below Country Date of ratification NotesAfghanistan 23 November 1929Albania 29 April 1930Argentina 6 May 1927Australia 29 December 1923 Extension by the United Kingdom Austria 12 March 1930Belgium 27 May 1925Bulgaria 20 October 1925Canada 29 December 1923 Extension by the United Kingdom Chile 17 December 1928China 1 July 1925 Acceded as the Republic of China Both the People s Republic of China and the Republic of China claim to be the successor or continuing state but as of 2018 all other parties to the treaty recognize only the People s Republic of China Czech Republic 21 June 2006 Czechoslovakia acceded to the treaty on 9 July 1930 On 21 June 2006 the Czech Republic stated that it considered itself bound to the treaty since its independence on 1 January 1993 as a successor state Denmark 24 January 1924 Extension to the entire Danish Realm Dominican Republic 3 February 1927Egypt 13 September 1925Estonia 7 April 1930Finland 12 August 1925France 6 September 1924Germany 16 November 1925 Acceded as the Weimar Republic On 21 October 1974 East Germany stated that it also reapplied the treaty since 7 August 1974 East Germany reunited with West Germany in 1990 Greece 21 October 1925Hungary 29 October 1927Iceland 31 May 1994India 29 December 1923 Extension by the United Kingdom Ireland 29 December 1923 Ireland was part of the United Kingdom when the latter signed the treaty but most of Ireland left the United Kingdom and formed the Irish Free State before the treaty was ratified On 15 April 1976 Ireland stated that it also applied the treaty since its ratification by the United Kingdom Italy 6 August 1924Japan 2 April 1925Latvia 13 June 2016Lithuania 22 January 2013Monaco 22 June 1925Netherlands 3 September 1920 Extension to the entire Kingdom of the Netherlands New Zealand 29 December 1923 Extension by the United Kingdom North Korea 16 March 2016Norway 8 October 1924Poland 2 September 1931Portugal 24 October 1927Romania 10 July 1925Russia 7 May 1935 Acceded as the Soviet Union On 27 January 1992 Russia declared that it continued to apply the treaties concluded by the Soviet Union Saudi Arabia 2 September 1925 Acceded as the Kingdom of Hejaz Slovakia 21 February 2017 Czechoslovakia acceded to the treaty on 9 July 1930 On 21 February 2017 Slovakia stated that it considered itself bound to the treaty since its independence on 1 January 1993 as a successor state South Africa 29 December 1923 Extension by the United Kingdom South Korea 11 September 2012Spain 12 November 1925Sweden 15 September 1924Switzerland 30 June 1925United Kingdom 29 December 1923 Extension to Australia Canada India New Zealand and South Africa Ireland also applied the treaty since its ratification by the United Kingdom United States 2 April 1924Venezuela 8 February 1928Yugoslavia also acceded to the treaty on 6 July 1925 but as of 2018 none of its successor states have declared to continue application of the treaty See also EditList of treaties Antarctic Treaty SystemReferences Edit a b c Treaties and agreements of France in French Ministry of Foreign Affairs of France depositary country Retrieved 19 February 2019 Immigrants warmly welcomed Al Jazeera 4 July 2006 League of Nations Treaty Series vol 2 pp 8 19 On Dutch interest and historical claims see Muller Hendrik Nederland s historische rechten op Spitsbergen Tijdschrift van het Koninklijk Nederlandsch Aardrijkskundig Genootschap 2e serie deel 34 1919 no 1 94 104 a b Original Spitsbergen Treaty Archived from the original on 2 July 2017 Retrieved 8 August 2021 Spitsbergen Treaty and Ratification in Norwegian Norwegian place names in polar regions Norwegian Polar Institute History Spitsbergen Svalbard spitsbergen svalbard com Grydehoj Adam 2020 Svalbard International Relations in an Exceptionally International Territory The Palgrave Handbook of Arctic Policy and Politics Springer International Publishing pp 267 282 doi 10 1007 978 3 030 20557 7 17 ISBN 978 3 030 20556 0 S2CID 211340284 Alt URL Torkildsen Torbjorn et al 1984 Svalbard vart nordligste Norge in Norwegian Oslo Forlaget Det Beste p 30 ISBN 82 7010 167 2 Umbreit Andreas 2005 Guide to Spitsbergen Bucks Bradt pp XI XII ISBN 1 84162 092 0 Torkildsen 1984 pp 34 36 Arlov Thor B 1996 Svalbards historie in Norwegian Oslo Aschehoug pp 249 261 273 ISBN 82 03 22171 8 a b c d Alex G Oude Elferink 1994 The Law of Maritime Boundary Delimitation A Case Study of the Russian Federation Martinus Nijhoff pp 230 231 a b Willy Ostreng 1986 Norway in Northern Waters In Clive Archer amp David Scrivener ed Northern Waters Security and Resource Issues Routledge pp 165 167 Aftenposten USA snuser pa Svalbard olje Torbjorn Pedersen p 14 Traktaten er tiltradt av Afghanistan Albania Argentina Australia Belgia Bulgaria Canada Chile Danmark Den Dominikanske Republikk Egypt Estland Finland Frankrike Hellas India Island Italia Japan Kina Latvia Litauen Monaco Nederland New Zealand Nord Korea Norge Polen Portugal Romania Russland Saudi Arabia Hedjaz Spania Storbritannia Sveits Sverige Sor Afrika Sor Korea Tsjekkia Tyskland Ungarn USA Venezuela og Osterrike Traktat mellem Norge Amerikas Forente Stater Danmark Frankrike Italia Japan Nederlandene Storbritannia og Irland og de britiske oversjoiske besiddelser og Sverige angaende Spitsbergen Svalbardtraktaten Rettet 28 04 2022 tegnsetting i lister tilpasset universell utforming norw Treaty concerning the Archipelago of Spitsbergen including Bear Island Government of the Netherlands Retrieved 19 February 2019 Further reading EditMoe Arild Schei Peter Johan 18 November 2005 The High North Challenges and Potentials PDF Prepared for French Norwegian Seminar at IFRI Paris 24 November 2005 Fridtjof Nansen Institute www fni no Archived from the original PDF on 7 December 2008 Retrieved 11 August 2008 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help External links Edit Wikisource has original text related to this article Spitsbergen Treaty 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 Treaty Concerning the Archipelago of Spitsbergen Svalbard Treaty and Ratification in Norwegian Svalbard an important arena Speech by Norwegian Minister of Foreign Affairs 15 April 2006 Retrieved from https en wikipedia org w index php title Svalbard Treaty amp oldid 1104758196, wikipedia, wiki, book, books, library,
