Svalbard Treaty

Svalbard 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. Traité entre la Norvège, les États-Unis d'Amérique, du Danemark, France, Italie, Japon, Pays-Bas, la Grande-Bretagne et d'Irlande et des Territoires britanniques d'outre-mer et la Suède concernant le Spitzberg.
Ratifications of the Convention
Signed	9 February 1920
Location	Paris, France
Effective	14 August 1925
Condition	ratification by all the signatory Powers
Parties	42
Depositary	Government of the French Republic
Languages	French and English
Spitsbergen Treaty at Wikisource

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 9 February 1920, commonly called the Svalbard Treaty or 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, Norway and Russia are making use of 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 21 October 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.

History

The archipelago was discovered by the Dutch explorer Willem Barentsz in 1596 and was originally called Spitsbergen, meaning "sharp-peaked mountains". It was uninhabited. The islands were renamed in the 1920s by Norway as Svalbard.

Spitsbergen/Svalbard began as a territory free of a nation, with multiple 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 issues of sovereignty between England, the Netherlands, and Denmark–Norway in the first half of the 17th century. However, by the 20th century mineral deposits were found on the main island 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 Paris 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:

• 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.

Disputes regarding natural resources

200-nautical-mile (370 km) zone around Svalbard

There has been a long-running dispute, primarily between Norway and Russia (historically the Soviet Union) over fishing rights in the region. In 1977, Norway established a regulated fishery in a 200-nautical-mile (370 km) zone around Svalbard (though it did not close the zone to foreign access). Norway argues that the treaty's provisions of equal economic access apply only to the islands and their territorial waters (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/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. 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 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 (370 km) 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.

Signatories

Svalbard Treaty signatories

A list of parties (sorted alphabetically) is shown below; the dates below reflect when the signatory nation ratified the treaty. For states that no longer exist, the successor state for which the treaty remains in force is noted.

Country	Date of ratification	Successor state
Afghanistan	November 23, 1925	Afghanistan
Albania	April 29, 1930
Argentina	May 6, 1927
Australia	December 29, 1923 (extension by UK)
Austria	March 12, 1930
Belgium	May 27, 1925
Bulgaria	October 20, 1925
Canada	December 29, 1923 (extension by UK)	Canada
Chile	December 17, 1928
Republic of China	July 1, 1925	People's Republic of China
Czech Republic	June 21, 2006
Denmark	January 24, 1924	Denmark Iceland
Dominican Republic	February 3, 1927
Egypt	September 13, 1925
Estonia	April 7, 1930
Finland	August 12, 1925
France	September 6, 1924
Germany	November 16, 1925
Greece	October 21, 1925
Hungary	October 29, 1927
Iceland	May 31, 1994
India	December 29, 1923 (extension by UK)	India
Italy	August 6, 1924	Italy
Japan	April 2, 1925
Lithuania	January 13, 2013
Monaco	June 22, 1925
Netherlands	September 3, 1920
New Zealand	December 29, 1923 (extension by UK)
Norway	October 8, 1924
Poland	September 2, 1931
Portugal	October 24, 1927
Romania	July 10, 1925
Soviet Union	May 7, 1935	Russia
22x20px Kingdom of Nejd and Hejaz	August 14, 1925	Saudi Arabia
South Africa	December 29, 1923 (extension by UK)	South Africa
Spain	November 12, 1925
Sweden	September 15, 1924
Switzerland	June 30, 1925
Ukrainian SSR	May 7, 1935	Ukraine
United Kingdom	December 29, 1923
United States	April 2, 1924
Venezuela	February 8, 1928

See also

• List of treaties

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 Archipelago of Spitsbergen
• Svalbard Treaty and Ratification (Norwegian)
• Svalbard – an important arena - Speech by Norwegian Minister of Foreign Affairs, 15 April 2006.