On Tuesday, a court case will start that could have enormous significance for the management of the sea areas at Svalbard. It is the Supreme Court which, in plenary session, will decide how far out into the sea the Svalbard Treaty actually applies. What lies at the bottom is whether Norway must share the resources in the sea areas near Svalbard with the other countries that have signed the treaty. – This is one of the major issues of state law that are still unresolved in Norwegian law, says Supreme Court lawyer Hallvard Østgård, who represents one of the parties in the trial. Illegal crab fishing The background to the case is this: In January 2017, a crab boat from Latvia was arrested by the Norwegian Coast Guard, charged with illegal fishing of snow crab on the Norwegian continental shelf outside Svalbard. The Latvian fishermen fished from the boat “Senator”. here it is docked in Kirkenes in 2017. Photo: Tarjei Abelsen / news Subsequently, both the captain and the shipping company were sentenced to fines for breaching the Marine Resources Act. The Latvians chose to appeal the case. They believed they had the right to catch crab, based on the Svalbard Treaty’s principle of equal treatment. The case went all the way to the Supreme Court, which ultimately chose to reject the appeal from the Latvian shipping company. But the matter did not stop there. Because how far out to sea does the treaty actually apply? Norway’s highest court has never ruled on that question. But now it will happen, as a result of a civil lawsuit from the Latvian crab fishermen. The Svalbard Treaty, which was signed in 1920, gives Norway full sovereignty over the archipelago. At the same time, the treaty implies equal treatment of all citizens from countries that have signed the treaty. – That principle must be followed in modern times when the national jurisdiction has moved out onto the Norwegian continental shelf and into waters out to 200 miles, says Hallvard Østgård. Supreme Court lawyer Hallvard Østgård says that the question of the Svalbard Treaty is still unresolved in Norwegian law. Photo: Tarjei Abelsen / news Big values at stake Øystein Jensen is an expert in maritime law and law professor at the Fridtjof Nansen Institute in Oslo. According to him, which areas apply in the Svalbard Treaty is a hot topic that has caused controversy several times, not least with Russia and the EU. – What is at stake is whether Norway must share the resources in the sea at Svalbard with citizens from other states. This applies to oil, gas, fish and minerals, says Jensen. He says Norway’s position is based on the wording of the treaty, which does not mention the continental shelf. According to the law of the sea, Norway can thus favor its own citizens. Both the District Court and the Court of Appeal have previously supported this view. – Should Norway lose, Norwegian management of the marine areas must be adjusted in accordance with the Svalbard Treaty, says Jensen. – Must follow the wording It is government lawyer Fredrik Sejersted who will prosecute the case on behalf of the Ministry of Trade and Fisheries. According to the final submission, which is already public, the state relies on the wording in the treaty. It only deals with land territory and in territorial waters. The appeal must therefore be rejected, the State believes. Maritime law expert Øystein Jensen believes the Supreme Court will rule in favor of the state, for precisely that reason. – The interpretation that Norway has settled on is supported by the wording of the treaty. It will be a “safe” result to arrive at purely legally, says Jensen. – The case is heard in plenary, i.e. with all the judges present. What does it say about the matter? – It is very rare that all judges are present in cases in the Supreme Court, and this means that this case is considered fundamentally important by the court, says Øystein Jensen, who believes that we have a historic judgment in store.
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fish, oil, gas and minerals are in the pot – news Troms and Finnmark
