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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
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Ratifications of the treaty
Signed 9 February 1920
Location Paris, France
Effective 14 August 1925
Condition Ratification by all the signatory powers
Parties 46 - See list
Depositary Government of the French Republic
Languages French and English

The Svalbard Treaty is an important agreement about a group of islands in the Arctic called Svalbard. It was originally known as the Spitsbergen Treaty. This treaty says that Norway is in charge of Svalbard. However, Norway's power has some special rules and limits. Not all Norwegian laws apply there.

The treaty also makes Svalbard a demilitarized zone. This means it cannot be used for military bases or war. Countries that signed the treaty have equal rights to do business on the islands. This mainly includes coal mining. As of 2023, Norway and Russia are still using this right.

One unique thing about Svalbard is that it's a visa-free zone. This means people from any country can live and work there without needing a special visa.

The treaty was signed on February 9, 1920. It became official on August 14, 1925. Fourteen countries first signed it. These included Denmark, France, Italy, Japan, the Netherlands, Norway, Sweden, the United Kingdom (and its areas like Australia and Canada), and the United States. Many other countries have joined the treaty since then. As of 2018, 46 countries are part of this agreement.

Understanding the Treaty's Name

The original name of the treaty was "Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen." At that time, the whole group of islands was called Spitsbergen. This name had been used since 1596.

In 1925, Norway officially changed the name of the islands to "Svalbard." This new name came from an old Norse word, Svalbarði, which appeared in ancient stories from 1194. After this change, "Spitsbergen" became the name for just the main island. Because of this, people today often call the "Treaty of Spitsbergen" the "Svalbard Treaty."

A Brief History of Svalbard

A Dutch explorer named Willem Barentsz found these islands in 1596. He named them Spitsbergen, which means 'sharp-peaked mountains'. The islands were empty of people back then. Norway renamed them Svalbard in the 1920s.

For a long time, Svalbard didn't belong to any single country. People from different nations came there for fishing, whaling, mining, and research. Later, tourism also became popular. Because no country owned it, there were not many rules. But conflicts arose over whaling rights and who owned the land. By the 1900s, valuable minerals were found. This led to more arguments among miners and owners. It became clear that a government was needed to keep things fair.

What the Svalbard Treaty Says

The Svalbard Treaty was signed in Paris on February 9, 1920. This happened during the peace talks after World War I. The treaty officially gave Norway control over Svalbard, starting in 1925. It also set up other important rules for the islands:

  • Svalbard is part of Norway: The islands are fully controlled by Norway. But Norway's power is limited by the rules in the treaty.
  • Taxes: Taxes can be collected on Svalbard. However, the money from these taxes must only be used to support Svalbard itself and its government. This means taxes are lower than in mainland Norway. Also, Svalbard's taxes do not directly support mainland Norway. Svalbard's money is managed separately.
  • Protecting the Environment: Norway must work to protect and preserve Svalbard's natural environment.
  • Fair Treatment for Everyone: People and companies from all countries that signed the treaty can live and work in Svalbard. They have the right to fish, hunt, mine, or do any other business. Everyone must follow Norwegian law. However, Norway cannot treat people from different countries unfairly.
  • No Military Use: Article 9 of the treaty says that military bases and forts are not allowed on Svalbard. It also forbids using Svalbard for war. However, it is not completely demilitarized.

Debates Over Natural Resources

There has been a long-standing disagreement, mainly between Norway and Russia (and before that, the Soviet Union), about fishing rights around Svalbard. In 1977, Norway created a special fishing zone around Svalbard. This zone was about 200 nautical miles wide. Norway says that the treaty's rules about equal business rights only apply to the islands and their close territorial waters (which were four nautical miles at the time). Norway believes these rules do not apply to the larger fishing zone.

Norway also argues that the continental shelf (the underwater land extending from the coast) around Svalbard is part of mainland Norway's continental shelf. They say it should be governed by a different international agreement from 1958. Russia disagrees. They believe the Svalbard Treaty should apply to the entire zone, including the continental shelf.

Talks were held in 1978 but did not solve the problem. Finland and Canada support Norway's view. Most other countries that signed the treaty have not taken an official side.

Here are the parts of the treaty that are important for this debate:

  • "Ships and citizens of all the countries that signed the treaty shall have equal rights to fish and hunt in the areas mentioned in Article 1 and in their waters close to shore." (from Article 2)
  • "They shall be allowed, under the same fair conditions, to do all kinds of sea-related, industrial, mining, or business activities both on land and in the waters close to shore. No single company or group can have a monopoly (total control) over any business." (from Article 3)

Norway's largest newspaper, Aftenposten, explained that the main debate is whether the Svalbard Treaty also applies outside the 12-nautical-mile territorial sea. If the treaty does apply to the wider area, Norway would not be able to claim all the profits from oil and gas found there.

Countries That Are Part of the Treaty

Below is a list of countries that are part of the Svalbard Treaty. The dates show when each country officially joined. Some countries are "successor states," meaning they took over from an older country that was part of the treaty.

Country Date of ratification Notes
Afghanistan 23 November 1929
Albania 29 April 1930
Argentina 6 May 1927
Australia 29 December 1923 Joined through the United Kingdom.
Austria 12 March 1930
Belgium 27 May 1925
Bulgaria 20 October 1925
Canada 29 December 1923 Joined through the United Kingdom.
Chile 17 December 1928
China 1 July 1925 Joined as the Republic of China. Today, most countries recognize the People's Republic of China as the continuing state.
Czech Republic 21 June 2006 Czechoslovakia joined on July 9, 1930. The Czech Republic considers itself bound since its independence on January 1, 1993.
Denmark 24 January 1924 Applies to the entire Danish Realm.
Dominican Republic 3 February 1927
Egypt 13 September 1925
Estonia 7 April 1930
Finland 12 August 1925
France 6 September 1924
Germany 16 November 1925 Joined as the Weimar Republic. East Germany also applied the treaty from August 7, 1974. East and West Germany reunited in 1990.
Greece 21 October 1925
Hungary 29 October 1927
Iceland 31 May 1994
India 29 December 1923 Joined through the United Kingdom.
Ireland 29 December 1923 Ireland was part of the United Kingdom when it signed. Ireland stated it applied the treaty from April 15, 1976.
Italy 6 August 1924
Japan 2 April 1925
Latvia 13 June 2016
Lithuania 22 January 2013
Monaco 22 June 1925
Netherlands 3 September 1920 Applies to the entire Kingdom of the Netherlands.
New Zealand 29 December 1923 Joined through the United Kingdom.
North Korea 16 March 2016
Norway 8 October 1924
Poland 2 September 1931
Portugal 24 October 1927
Romania 10 July 1925
Russia 7 May 1935 Joined as the Soviet Union. Russia declared it continues to apply treaties from the Soviet Union.
Saudi Arabia 2 September 1925 Joined as the Kingdom of Hejaz.
Slovakia 21 February 2017 Czechoslovakia joined on July 9, 1930. Slovakia considers itself bound since its independence on January 1, 1993.
South Africa 29 December 1923 Joined through the United Kingdom.
South Korea 11 September 2012
Spain 12 November 1925
Sweden 15 September 1924
Switzerland 30 June 1925
United Kingdom 29 December 1923 Applies to Australia, Canada, India, New Zealand and South Africa. Ireland also applied the treaty.
United States 2 April 1924
Venezuela 8 February 1928

Yugoslavia also joined the treaty on July 6, 1925. However, as of 2023, none of the countries that formed after Yugoslavia broke up have said they will continue to follow the treaty.

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