The Status Under International Law of the Maritime Areas Around Svalbard

The Spitsbergen Treaty of 1920 conferred sovereignty on Norway regarding Svalbard subject to the stipulations of the Treaty. By its terms, the Treaty refers to the Svalbard archipelago and the territorial sea. This article examines the controversy over the question of the present-day extent of the applicability of the Treaty, including the continental shelf and exclusive economic zone.     

Deciphering the Nnorth Korean‐Soviet (Russian) maritime boundary agreements

Abstract

North Korea and the Soviet Union delimited their land and sea boundaries in two treaties, signed in 1985 and 1986. A warming bilateral relationship, joint plans to develop an economic zone near the Tumen River land boundary, and the desire to exploit marine resources, especially offshore oil, probably accelerated the negotiations. The two countries’ straight baseline claims affected the bearing of the negotiated boundaries. The territorial sea boundary may have given half‐effect to the natural coastline, and inexplicably, its terminus falls short of extending a full 12 nautical miles from the respective straight baseline claims. The 1986 continental shelf/exclusive economic zone boundary reflects the baselines and appears to delimit the South Korea—Soviet Union continental shelf, as well as the tri‐point with Japan. It ignores the presence of Liancourt Rocks (Takeshima/Tok‐do), islets disputed between Japan and South Korea. Neither South Korea nor Japan has publicly commented on the treaties.     

Defining Seaward Boundaries in a Domestic Context: Norway and the Svalbard Archipelago

Abstract

This article analyzes a little-noticed aspect of the international legal controversy pertaining to Svalbard’s maritime zones. It concerns where and by which method Norway should draw the boundaries between Svalbard’s continental shelf and the 200-mile zone, on the one hand, and other maritime zones subject to Norwegian jurisdiction, on the other. The assumption upon which the discussion rests is that the Spitsbergen Treaty signatories enjoy treaty rights in the maritime zones beyond Svalbard’s territorial waters. The law of the sea does not contain rules on the drawing of maritime boundaries between different parts of a state’s territory, but the rules on delimitation between states offer a strong analogy. In the search for an equitable solution, primacy should be given to geographical factors. The article argues that Norway could do more to enhance the openness regarding the Svalbard delimitation question since its outcome will be of significant interest to other states.     

The Svalbard Continental Shelf Controversy: Legal Disputes and Political Rivalries

Norway's claim to exclusive rights over the continental shelf surrounding the former terra nullius Arctic archipelago of Svalbard is controversial, with the unclear scope of the Svalbard Treaty recognized as “a main challenge” by Norway's parliament. This article explores the nature of this challenge by: (1) giving an account of the legal basis of the conflict; (2) analyzing its political context, and (3) discussing the contemporary judicial and political processes which may or may not resolve the conflict. This article concludes that the issue seems to escape judicial settlement, rendering the controversy a matter of international politics. With the world's eyes increasingly on the petroleum resources of the Arctic, a clarification over the legal status of the Svalbard shelf is not in sight.     

Why Is the European Union Challenging Norway Over Snow Crab? Svalbard,Special Interests,and Arctic Governance

Abstract

Why is the European Union (EU) pursuing a relatively minor issue over the right to catch snow crab in the Barents Sea? The issue has highlighted an underlying disagreement between Norway and the EU over the status of the maritime zones around the archipelago of Svalbard, stemming from the 1920 Spitsbergen Treaty. Is the EU using the snow crab to challenge Norway’s Svalbard regime? The answer is that the EU is a multifaceted animal, where special interests can hijack the machinery and bring issues to the table, given the right circumstances. This article outlines these circumstances, as well as the evolution and the sources of the dispute over the snow crab, as it relates to not only economic interests, but international politics as well as law.     

Jurisdiction Over Underwater Cultural Heritage in the EEZ and on the Continental Shelf: A Perspective From the Practice of States Bordering the South China Sea

Abstract

The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.     

The exclusive economic zone and antarctica: The dilemmas of non‐sovereign jurisdiction

Abstract

Antarctica is the only continent from which no exclusive economic zones extend. This article examines the EEZ as a legal concept, particularly its relevance for enhancing maritime jurisdiction offshore Antarctica. The study analyzes the political setting in the Antarctic which would affect creation of EEZs in the region, especially the division of the continent into sector claims by certain states and the implications presented by various island groups in the area. An appraisal is made of the legal situation and the jurisdictional opportunities afforded by the Antarctic Treaty System. The author concludes that a recognized political authority, with demonstrated legal competence and capabilities, is administering jurisdictional considerations in the Antarctic area. In its operation, this Antarctic Treaty regime fulfills management and conservation functions analogous to those of EEZs in waters offshore the continent.     

The 1987 law of yugoslavia on the coastal sea and the continental shelf

Abstract

This article analyzes the recent Yugoslav legislation on the regime of internal waters, the territorial sea, and the continental shelf which was initiated by the ratification of the Law of the Sea (LOS) Convention on behalf of Yugoslavia on November 27, 1985. The highlights of the 1987 law are the clauses strengthening the national security interests in the internal waters of Yugoslavia, the repair of foreign ships in domestic shipyards, the introduction of the system of prior notification of foreign warships entering the territorial waters, and the extension on the continental shelf of sovereign rights over archeological and historical objects. It is maintained that the law has failed to incorporate the novelties of the LOS Convention such as the proclamation of the Yugoslav exclusive economic zone (EEZ) in the Adriatic Sea and the reestablishment of its contiguous zone.     

Some problems concerning the delimitation of the maritime boundary between the republic of china (Taiwan) and the Philippines

Abstract

This paper analyzes the issue of how the relevant provisions of the 1982 United Nations Convention on the Law of the Sea can be applied to the delimitation of the maritime boundary in the Bashi Channel between Taiwan and the Philippine island of Luzon and in the South China Sea area. It concludes that the Philippines’ extensive territorial sea claim based on the 1898 U.S.‐Spanish Peace Treaty can hardly find any basis in customary rules of international law and the U.N. Convention and, therefore, should be disregarded in such delimitation. On the other hand, the archipelagic principle provided in the Convention can be applied here. With respect to rules of delimitation, it suggests that the equitable principle of the delimitation of the continental shelf, enunciated in the Anglo‐French Continental Shelf Arbitration (1977) and the Tunisian‐Libyan Continental Shelf Case (1982), can mutatis mutandis be applied to the delimitation of the maritime boundary. As an interim solution, the maritime boundary of certain disputed islands in the South China Sea should be declared neutral zones open to nationals of both countries.     

Marine scientific research and the new law of the sea

U.S. policy is to encourage freedom of marine scientific research (MSR). This article compares the legal regimes governing the conduct of MSR under the 1958 Geneva Conventions on the Law of the Sea and the 1982 UN Convention on the’ Law of the Sea, which is approaching universal acceptance, and distinguishes MSR from survey activities. It argues that, notwithstanding the erosion of the physical areas of the ocean in which there is freedom of MSR under the Law of the Sea Convention, it provides mechanisms for states’ parties to obtain compliance by coastal states with their duties to grant consent, in normal circumstances, for MSR projects in the exclusive economic zone (EEZ) or on the continental shelf, and to establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. It also suggests establishment of a national marine scientific research program analogous to the U.S. Freedom of Navigation Program.     

Norway's law of the sea policy in the 1970s

Abstract

The Norwegian government has stated that creating a new international law of the sea is a foreign policy matter of the highest political priority in the period 1978–1981. A reasonable explanation might be the close correlation that normally exists between the political significance and the economic importance of issues and the area on which they impinge. As to Norway, it should suffice to point to the fact that the country ranks fifth among the merchant marine nations of the world, takes the fifth largest fish catch, and has sovereignty over the biggest continental shelf in Europe. Against this background, the author discusses the hypothesis that economic factors are the guiding hand in Norwegian ocean policy. However, the conclusion reached is that economic factors play a rather modest role in explaining this policy and that the reasons behind it are to be found at the intersection between economic interests, security policies, jurisdiction, the protection of resources and the environment as they are reflected in the rather peculiar situation of the North.     

Security aspects of Danish and Norwegian law of the sea policies

Abstract

Denmark and Norway are strategically located near two of the major Soviet fleets stationed at Kaliningrad and Murmansk. In order for the Baltic Fleet stationed at Kaliningrad to gain access to the high seas of the North Atlantic Ocean, it must pass through the Belts, the Kattegat, the Skaggerak, and the North Sea or the Straits of Dover. In order for the Northern Fleet stationed at Murmansk to gain access to the high seas of the North Atlantic Ocean, it must pass through the Svalbard Passage between the North Cape of Norway and the Svalbard archipelago down through the Greenland‐Iceland‐United Kingdom (GIUK) gap. These strategic locations of Denmark and Norway give rise to several security issues that affect the law of the sea policies of both states.     

Crossed Lines: The Curious Case of the Beaufort Sea Maritime Boundary Dispute

The Beaufort Sea maritime boundary dispute has traditionally been understood as involving a wedge-shaped area of maritime space that extends to a distance of 200 nautical miles north of the terminus of the Canada-United States border between the Yukon Territory and Alaska. However, new data collected in pursuit of establishing the limits of the extended continental shelf in the region show that the two countries’ seabed resource rights may stretch far beyond the 200-nautical-mile limit of the exclusive economic zone. Significantly, at approximately 200 nautical miles from shore, the U.S.-claimed equidistance line crosses the line claimed by Canada, which follows the 141° W meridian, meaning that the legal positions of the two countries if simply extended beyond the EEZ would appear to favor the other party. This article explores how the United States and Canada might seek to reformulate their legal positions to resolve the dispute. Though these reformulated positions might not reduce the area in dispute, they will clarify it and potentially enable the parties to either delimit a single maritime boundary or choose to implement one of a number of creative solutions to the dispute that are outlined in the article.     

Troubles under the water: Sino‐japanese conflict of sovereignty on the continental shelf in the East China sea

Abstract

The discovery and production of offshore hydrocarbon resources are significant for both China (PRC) and Japan in meeting energy requirements for higher economic development. Because the claims of both countries to the continental shelf in the East China Sea overlap, there is a maritime conflict which hinders cooperation in the Asian region. The paper briefly describes the geographical characteristics of the East China Sea. It then dwells on the development of the legal criteria for delimiting continental shelf boundaries by examining major cases of international adjudication and both the 1958 Geneva Convention on the Continental Shelf and the 1982 Convention on the Law of the Sea. After presenting both countries’ positions the author attempts to review and analyze certain options which can be employed in resolving the sovereignty conflict.     

Creeping jurisdiction beyond 200 miles in the light of the 1982 law of the sea convention and state practice

Abstract

This article attempts a complex examination of problems pertaining to actual and potential extensions of coastal state rights and jurisdiction beyond the limit of 200 miles in the light of 1982 Law of the Sea Convention and state practice. Extension of the continental shelf regime, in the context of its outer limit beyond 200 miles, the entitlement of rocks to this limit, and the scope of coastal state rights and duties, is analyzed first. It is followed by discussion of the extension of the exclusive economic zone (EEZ) or fishery zone regime, which involves extension of certain coastal state fishery rights on the one hand, and the right of intervention in cases of maritime casualties and the liability regime for oil pollution damage on the other hand. Attention is also paid to presently speculative extensions of both regimes as a consequence of sea level rise. The author concludes that, if a continuing nontreaty situation deprives recourse to compulsory dispute settlement, the worst‐case scenario of spatial extension of the entire EEZ regime to the outer edge of the continental margin could not with certainty be excluded.     

The “Grey Area” in the Northern Bay of Bengal: A Note on a Functional Cooperative Solution

The judgments in maritime delimitation cases involving Bangladesh and Myanmar (2012) and between Bangladesh and India (2014) have resulted in a “Grey Area” in the northern Bay of Bengal involving intersecting and overlapping rights and responsibilities in terms of the exclusive economic zone (EEZ) and continental shelf regimes. This article seeks to identify a functional solution for this Grey Area.     

Precautionary Coastal States’ Jurisdiction

Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has since developed through state practice and most importantly through the 1982 United Nations Convention on the Law of the Sea. Whatever the merits of examining the interaction between Antarctica and the law of the sea have been in the past, there is much to suggest that the general significance of such issues is growing, especially as states seek to determine the outer limits of their continental shelf claims and in doing so determine Antarctic baselines. This article examines these issues from a general law of the sea perspective, taking into account the impact of the Antarctic Treaty while reviewing Australian practice in particular.     

International Law and Politics in U.S. Policymaking: The United States and the Svalbard Dispute

This article explains the position(s) of the United States in the maritime dispute adjacent to Svalbard. While the United States has regarded Norway's exclusive claim to the natural resources outside Svalbard as everything from “wishful thinking” to legally plausible, Washington maintains that it may have rights under the 1920 Svalbard Treaty to exploit the maritime zones adjacent to the archipelago. The U.S. reservation is the result of assessments and reassessments of legal considerations as well as national interests.     

Chemical composition of reindeer forage plants in Svalbard and Norway

Several of the most important reindeer forage plants in Svalbard were analysed for content of minerals (Na, K, P, Ca, Mg, S, Cl, Fe, Cu, Mn, Zn, Mo and Co) and for content of ash, crude protein, crude fiber, ether extracts and nitrogen free extracts. Some forage plants were also examined in in vitro digestibility trials. The results were compared with results from similar analyses of alpine mountain plants from southern Norway. Also freshly voided fecal samples were analysed for the same components as the forage plants.
The Svalbard vegetation had a higher content of Na, Ca, Mg, Cl, Fe and Co, than similar plants from Southern Norway. The content of other elements examined seemed to be more equal in Norway and on Svalbard. Within the Svalbard area plants growing in limestone areas had the highest content of calcium and magnesium. Also plants growing on manured soil below bird cliffs appeared to have high nutritional value. It is furthermore concluded that the closeness to the sea as well as the occurrence of several plants with high mineral content, gave the Svalbard reindeer the possibility to further improve their mineral balance compared with continental reindeer. Also the dietary shift from lichens as a major dietary component in Norway, to mosses on Svalbard, may increase mineral intake, but may also have an inferior effect on digestibility.
Although balance experiments and carcass analyses of minerals in Svalbard reindeer are missing, it is concluded that Svalbard reindeer apparently had adequate intake of most mineral elements. In spite of low standing biomass of reindeer forage plants, the quality of the vegetation seemed to compare favourably with continental reindeer pasture.     

Chile's Presential sea proposal: Implications for straddling stocks and the international law of fisheries

Abstract

Despite rapid evolution in international fisheries law and establishment of the exclusive economic zone (EEZ), straddling stocks still remain susceptible to heavy harvesting in high seas areas by distant‐water fishing states there by undermining coastal state management. The notion mar presencial (presential sea) has recently been proposed by Chile as a solution for the problem of straddling stocks. The presential sea concept was nationally designed and promoted to curtail such foreign fishing in areas adjacent to Chile's EEZ. This article examines the presential sea as a geostrategic concept, its justification for being, and the question of its permissibility under contemporary international fisheries law. Attention is also given to recent international developments that challenge the legal viability of the presential sea concept. The authors conclude that if this concept were to be widely adopted by coastal states, the traditional freedom to fish on the high seas might be severely compromised. The preferable legal solution is to work within the parameters set out by the 1982 UN Convention on the Law of the Sea, more particularly through bilateral negotiations between coastal states and fishing states, as well as regional fishery commissions that could manage activities in the region.