The Svalbard Continental Shelf Controversy: Legal Disputes and Political Rivalries

Abstract

Norway's claim to exclusive rights over the continental shelf surrounding the former terra nullius Arctic archipelago of Svalbard is controversial, with the unclear scope of the Svalbard Treaty recognized as “a main challenge” by Norway's parliament. This article explores the nature of this challenge by: (1) giving an account of the legal basis of the conflict; (2) analyzing its political context, and (3) discussing the contemporary judicial and political processes which may or may not resolve the conflict. This article concludes that the issue seems to escape judicial settlement, rendering the controversy a matter of international politics. With the world's eyes increasingly on the petroleum resources of the Arctic, a clarification over the legal status of the Svalbard shelf is not in sight.