Московский журнал международного права (Sep 2016)
Norwegian State Practice and the Treaty Relating to Spitsbergen (Current International Law Issues)
Abstract
The author reviews the key international legal actions undertaken by Norway since 1977 in avoidance of the Treaty of 9 February 1920 relating to Spitsbergen (hereinafter - “Spitsbergen Treaty”), as well as their significance in terms of spatial extension of the sovereign rights of Norway in the Arctic. It is highlighted that Norway’s policy is based on restrictive interpretation of the Spitsbergen Treaty and replacement of its specifically created status of Spitsbergen by UN Convention on the Law of the Sea. In this connection the author analyses foreign doctrine, legal precedents, which all deny unequivocal application of restrictive approach to interpretation of a treaty, in disregard of its object and purpose. The article considers an “alternative” legal argument of Norway which asserts that Norway’s sovereignty over Spitsbergen has arisen and is currently effective by virtue of the customary law; the above argument is also set aside with reference to legal and factual counterarguments. The author concludes that applicable sources of international law challenge legality of actions that Norway is undertaking, as a result of which Norway’s legal position requires substantive improvement and affirmation.
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