Yoshinobu Takei: Thinking About Territorial Disputes from the Far North

Have you ever heard of Spitsbergen? Located in the Arctic Circle at about 78 degrees north latitude, 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 once in January; it was a strange feeling as the sun never rose during my entire 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 rights such as non-discriminatory access to the island and fishing rights in its territorial waters. Even today, many of the residents are foreigners.

At the time this treaty was concluded, it was generally accepted that all nations enjoyed the freedom of the high seas outside of territorial waters. However, the 1982 United Nations Convention on the Law of the Sea, often called the "Constitution of the Oceans," made it possible to establish an Exclusive Economic Zone of up to 200 nautical miles outside territorial waters. Furthermore, even beyond 200 nautical miles, if certain conditions are met, the development of seabed resources is permitted as part of the continental shelf, which is an extension of territory. Tensions temporarily rose between the Norwegian government, which 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, and some Spitsbergen Treaty parties who asserted equal access to resources in these waters. 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, because most territorial disputes involve areas where many people reside, they tend to be difficult to resolve, making the success of the Svalbard archipelago as an "internationalized area" an exceptional case.

Finally, 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 every year, leaving behind a bottle of their own country's liquor as part of their claim to sovereignty (the Canadian military leaves Canadian whisky along with a sign saying "Welcome to Canada"). If only all conflicts around the world could be as heartwarming as this.