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Svalbard Treaty

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Signed
  
9 February 1920

Effective
  
14 August 1925

Start date
  
1920

Location
  
Paris, France

Parties
  
45

Svalbard Treaty httpsuploadwikimediaorgwikipediacommonsthu

Condition
  
Ratification by all the signatory powers

Depositary
  
Government of the French Republic

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.

Contents

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, including: the United States, Denmark, France, Italy, Japan, the Netherlands, Norway, Sweden, and the United Kingdom of Great Britain and Ireland (including 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.

Of the original signatories, Japan was the last to ratify the treaty on 2 August 1925. On 14 August 1925, the treaty came into force. As of 2016, there are 45 parties to the treaty.

History

The archipelago was discovered by the Dutch explorer Willem Barentsz in 1596 and named 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

The Spitsbergen Treaty was signed in Paris on 9 February 1920, during the Versailles negotiations after World War I. 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.
  • Parties

    A list of parties (sorted alphabetically) is shown below; the dates below reflect when a nation deposited its instrument of ratification or accession. Some parties are successor states to the countries that joined the treaty, as noted below.

    Yugoslavia also acceded to the treaty on 6 July 1925, but as of 2016 none of its successor states have declared to continue application of the treaty.

    References

    Svalbard Treaty Wikipedia