– We are very pleased with the Court of Appeal’s ruling, which provides solid support for the Norwegian authorities’ well-established view of the Svalbard Treaty’s geographical scope. This is what lawyer Marius Emberland at the Government Attorney says to Rett24. The statements come after the Court of Appeal upheld the Norwegian state in the case against the Latvian shipping company Sia North Star Ltd. The shipping company was convicted of illegally catching crabs, and went to civil proceedings against the Ministry of Fisheries. The company believes that the Svalbard Treaty applies to the entire shelf, and not just within the twelve-mile limit. According to the shipping company’s legal counsel, Hallvard Østgård, the case is being appealed to the Supreme Court. This is the Svalbard Treaty International Agreement, entered into on 9 February 1920 and entered into force on 14 August 1925. Establishes Norway’s “full and unrestricted sovereignty” over Svalbard, including Bjørnøya, and that Norwegian laws and regulations apply to the area. Citizens and companies from all treaty countries have an equal right of access and residence. They must be able to conduct fishing, trapping and all kinds of business on equal terms. All activities are subject to the legislation adopted by the Norwegian authorities, but no one can be treated differently on the basis of nationality. Taxes, fees and charges collected shall not exceed what is required to cover the costs of administering Svalbard. Svalbard is Norwegian territory, the Atlantic Pact therefore applies to the archipelago. In peacetime, there are no permanent military bases here. During World War II, there was for a period a Norwegian garrison on Svalbard. The treaty is currently ratified by 43 countries: Afghanistan, Albania, Argentina, Australia, Belgium, Bulgaria, Canada, Chile, Denmark, Dominican Republic, Egypt, Estonia, Finland, France, Greece, India, Iceland, Italy, Japan, China , Lithuania, Monaco, Netherlands, New Zealand, North Korea, Norway, Poland, Portugal, Romania, Russia, Saudi Arabia, Spain, United Kingdom, Switzerland, Sweden, South Africa, South Korea, Czech Republic, Germany, Hungary, United States, Venezuela and Austria. Source: NTB The backdrop is the “snow crab case” The case has been up in the Norwegian court system before. At the time, the issue revolved around the Treaty’s principle of equality. This time, the court also addresses the geographical scope of the treaty. The backdrop is the so-called “snow crab case”. The immigrant crab from the east has created an ice front between the EU and Norway. The dispute over the snow crab has led to a heated relationship between Norway and the EU, and has previously also been a topic in the Supreme Court. In November 2017, the Supreme Court ruled that Norway has control over the continental shelf and can punish fishing in the so-called Smutthullet, an area east of the protection zone off Svalbard. The loophole The loophole in the Barents Sea is a triangular sea area in the northern Barents Sea. The area is outside the jurisdiction of any state. The loophole in the Barents Sea is considered international waters. The sea area is more than 200 nautical miles outside the mainland borders of Norway and Russia. The loophole is therefore outside both countries’ fisheries protection zone and economic zone. The same situation occurs in the Smutthavet, which lies between mainland Norway, Jan Mayen, Svalbard, Iceland and the Faroe Islands. As a result of several years of extensive poaching, the fish stock has decreased. The Norwegian state believes that under the Svalbard Treaty they have the right to punish both Norwegian and foreign crab fishermen, who without permission have posted signs on the Norwegian shelf in the area around Svalbard. Such an understanding based on the Latvian shipping company could potentially open the door for other countries to start exploring for oil, gas and minerals in the area, writes Rett24. The company’s legal counsel Hallvard Østgård announces the case will be appealed to the Supreme Court.
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The Court of Appeal supports Norway’s view of the Svalbard Treaty – news Troms and Finnmark
