Svalbard Treaty
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The Svalbard Treaty (originally the Spitsbergen Treaty) recognises the sovereignty of
Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
over the
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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 Demilitarisation or demilitarization may mean the reduction of state armed forces; it is the opposite of militarisation in many respects. For instance, the demilitarisation of Northern Ireland entailed the reduction of British security and militar ...
of the archipelago. The signatories were given equal rights to engage in commercial activities (mainly coal mining) on the islands. , Norway and
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make use of this right. Uniquely, the archipelago is an entirely visa-free zone under the terms of the Svalbard Treaty. The treaty was signed on 9 February 1920 and submitted for registration in the ''League of Nations Treaty Series'' on 21 October 1920. There were 14 original High Contracting Parties:
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
,
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,
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, Japan, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
, Norway, Sweden, the
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(including the
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s of Australia,
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,
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,
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,
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), and the
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. 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. Many additional nations acceded to the treaty after it was ratified by the original signatories, including several before it came into force. , there are 46 parties to the treaty.


Name of the treaty

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 , attested in the
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as early as 1194. The
exonym An endonym (from Greek: , 'inner' + , 'name'; also known as autonym) is a common, ''native'' name for a geographical place, group of people, individual person, language or dialect, meaning that it is used inside that particular place, group, ...
''Spitsbergen'' subsequently came to be applied to the main island in the archipelago. Accordingly, in modern
historiography Historiography is the study of the methods of historians in developing history as an academic discipline, and by extension is any body of historical work on a particular subject. The historiography of a specific topic covers how historians ha ...
the ''Treaty of Spitsbergen'' is commonly referred to anachronistically as the Svalbard Treaty to reflect the name change.


History

The archipelago was discovered by the Dutch explorer Willem Barentsz in 1596. It was named Spitsbergen, meaning 'sharp-peaked mountains' (literally 'spit-bergs'). 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 people from different countries participating in industries including fishing,
whaling Whaling is the process of hunting of whales for their usable products such as meat and blubber, which can be turned into a type of oil that became increasingly important in the Industrial Revolution. It was practiced as an organized industr ...
, 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
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, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
and Denmark–Norway in the first half of the 17th century. 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.


Contents

The Spitsbergen Treaty was signed in
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on 9 February 1920, during the
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negotiations after
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. In this treaty, international diplomacy recognized Norwegian sovereignty (the Norwegian administration went in effect by 1925) and 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


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. In 1977, Norway established a regulated fishery in a 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 The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potent ...
(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. 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 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 ( in the masthead; ; Norwegian for "The Evening Post") is Norway's largest printed newspaper by circulation. It is based in Oslo. It sold 211,769 copies in 2015 (172,029 printed copies according to University of Bergen) and estimated 1.2 milli ...
''. 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.


Parties

A list of parties is shown below; the dates below reflect when a nation deposited its instrument of ratification or accession. Some parties are
successor states Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th- ...
to the countries that joined the treaty, as noted below.
Yugoslavia Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
also acceded to the treaty on , but, as of 2018, none of its
successor states Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th- ...
have declared to continue application of the treaty.


See also

*
List of treaties This list of treaties contains known agreements, pacts, peaces, and major contracts between states, armies, governments, and tribal groups. Before 1200 CE 1200–1299 1300–1399 1400–1499 1500–1599 1600–1699 1700–1799 ...
* Antarctic Treaty System


References


Further reading

*


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.






– Speech by Norwegian Minister of Foreign Affairs, 15 April 2006. {{Authority control History of Svalbard 1920 in Norway Treaties of the Soviet Union Treaties of Norway Norway–Russia relations Norway–Soviet Union relations Treaties concluded in 1920 Treaties entered into force in 1925 Politics of Svalbard Treaties of the Emirate of Afghanistan Treaties of the Albanian Kingdom (1928–1939) Treaties of Argentina Treaties extended to Australia Treaties of the First Austrian Republic Treaties of Belgium Treaties of the Kingdom of Bulgaria Treaties extended to Canada Treaties of Chile Treaties of the Republic of China (1912–1949) Treaties of the Czech Republic Treaties of Denmark Treaties of the Dominican Republic Treaties of the Kingdom of Egypt Treaties of Estonia Treaties of Finland Treaties of the French Third Republic Treaties of the Weimar Republic Treaties of the Second Hellenic Republic Treaties of the Kingdom of Hungary (1920–1946) Treaties of Iceland Treaties extended to British India Treaties of the Empire of Japan Treaties of the Kingdom of Italy (1861–1946) Treaties of North Korea Treaties of Latvia Treaties of Lithuania Treaties of Monaco Treaties of the Netherlands Treaties extended to New Zealand Treaties of the Second Polish Republic Treaties of the Ditadura Nacional Treaties of the Kingdom of Romania Treaties of the Kingdom of Hejaz and Nejd Treaties extended to the Union of South Africa Treaties of Spain under the Restoration Treaties of Sweden Treaties of Switzerland Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Kingdom Treaties of the United States Treaties of Venezuela Treaties extended to Curaçao and Dependencies Treaties extended to the Faroe Islands Treaties extended to Greenland Concession territories Government of the Arctic February 1920 events