Study On The Dispute Between Russia And Norway Over The Spitsbergen Islands

Located in the Arctic Ocean between Norway and Russia,the Spitsbergen Islands are rich in resources and of strategic value.Since the 16 th century,various disputes have arisen between Russia and Norway over sovereignty,resource exploitation and demilitarisation of the area.This article provides a comprehensive account of the dispute between the two countries over the Spitsbergen Islands through a review of the shifting positions and state practice of the two countries over the various periods,a reading of the text of the Treaty of Spitsbergen from the perspective of international law,and a combination of established theories and scholarly views,as well as a reasonable position on the expansion of China’s rights and interests in the islands in light of the existing issues.The first chapter introduces the general situation,history and legal system of the Spitsbergen Islands.By describing the geographical location,resource endowment,changing legal status and current legal system of the islands,it highlights the strategic value of the islands and explains the objective and historical reasons for the various disputes between Russia and Norway over the islands,providing the basis for the subsequent discussion of the disputes between the two countries.Chapter 2 provides an overview of the sovereignty dispute between Russia and Norway over the island.The historical sources and state practice of the two countries are examined from a historical perspective,and the most significant disputes between the two countries over the island prior to the conclusion of the Treaty of Spitsbergen are comprehensively analysed,providing an in-depth reading of the sovereignty struggle,early consensus and shifts in position between the two countries.The Treaty of Spitsbergen was an institutional arrangement made by the victors of the First World War to maintain a peaceful environment for the long-term development of the island,ending the sovereignty dispute by granting sovereignty to a neutral ’small state’ and fixing in writing the economic rights of all countries to develop on an equal footing,behind which was the exclusion and suppression of Russia and the new Soviet Union.Chapter 3 summarises the specific disputes between Russia and Norway concerning the Spitsbergen Islands in the context of the practice of the Spitsbergen Islands Treaty.There are three main categories: first,disputes over the legal status and legal regime of the waters surrounding the Spitsbergen Islands;second,disputes over the environmental protection and exploitation of resources in the Spitsbergen Islands;and third,disputes over the criteria and practice of the principle of demilitarisation of the Spitsbergen Islands area.At the heart of the three types of dispute is the conflict between Norway’s sovereignty and the equal rights of the parties to the Treaty of Spitsbergen to fish,etc.,in order to achieve the aim of establishing "an equitable system" as stated in the preamble to the Treaty of Spitsbergen.In practice,Norway has sought to expand its jurisdiction based on sovereignty and to squeeze the rights of the parties.Chapter 4 clarifies China’s rights and interests,challenges and due position in the Spitsbergen Islands,and makes reasonable recommendations based on the previous analysis.As a party to the Spits Treaty,China enjoys the same rights as other Arctic countries to fishing,resource development,scientific research,and passage,but its activities are currently limited to scientific research and tourism due to geographical and technological factors.In view of the existing disputes on the island,China should insist on the core of the treaty,which is the right to equality granted by the Treaty,and advocate the peaceful resolution of disputes on the island through political or legal solutions,so as to maintain peace and stability in the Arctic region,and at the same time,it should advocate all parties to improve the legal system of the island through international mechanisms.