Yoshinobu Takei: Thinking About Territorial Disputes from the Far North

2022/06/21

Have you heard of Spitsbergen? Located at about 78 degrees north latitude in the Arctic Circle, this island is the center of the Svalbard archipelago. In winter, it experiences the polar night, where the sun does not rise all day. I remember visiting this island in January once; it felt strange as the sun never rose during my stay.

Originally an uninhabited island, its sovereignty has been disputed since the 19th century. Under the Spitsbergen Treaty adopted in 1920, Norway's sovereignty was recognized, but citizens of all contracting parties were granted non-discriminatory access to the island and fishing rights in its territorial waters. Even today, many of its residents are foreigners.

When this treaty was concluded, it was generally accepted that all nations enjoyed the freedom of the high seas outside territorial waters. However, the 1982 United Nations Convention on the Law of the Sea (UNCLOS), often called the "Constitution of the Oceans," allowed for the establishment of Exclusive Economic Zones (EEZ) up to 200 nautical miles outside territorial waters. Furthermore, even beyond 200 nautical miles, seabed resource development is permitted on the continental shelf as an extension of territory if certain conditions are met. Tensions temporarily rose with some contracting parties of the Spitsbergen Treaty who claimed equal access to resources in these waters after the Norwegian government established a Fishery Protection Zone of up to 200 nautical miles outside Svalbard's territorial waters and applied for a continental shelf beyond 200 nautical miles. Nevertheless, it is surprising that the unique legal system established under this treaty has lasted for over 100 years, despite the rapid changes in international law during the 20th century.

However, most territorial disputes involve areas where many people live, making them difficult to resolve. The success of the Svalbard archipelago as an "internationalized area" is an exception.

Now, let me introduce one more example of a "dispute" in the Arctic. Sovereignty over Hans Island, a small island located between Canada and Danish Greenland, has been contested by these two countries. In recent years, however, the militaries of both countries have reportedly taken turns landing on the island, leaving behind a bottle of their own liquor as part of their sovereignty claim (the Canadian military leaves Canadian whisky along with a "Welcome to Canada" sign). If only all conflicts around the world could be so heartwarming.