Norway Has Exclusive Rights To Continental Shelf Off Svalbard

In a judgment handed down on 20 March 2023, the Supreme Court of Norway ruled that the Norwegian continental shelf off Svalbard is not within the geographical scope of the Svalbard Treaty. This means that Norway has sovereign rights on the continental shelf off Svalbard.

The case involved a Latvian fishing company that was not permitted to fish for snow crab on the continental shelf off Svalbard. Only Norwegian nationals and vessels are permitted according to Norwegian regulations.

In the Svalbard Treaty, the full and absolute sovereignty of Norway is recognised by the contracting parties, on the condition that Norway respects the rights set forth in the provisions of the Treaty. One of these rights is set out in Article 2 of the Treaty, which provides that "Ships and nationals of all the High Contracting Parties shall enjoy equally the rights of fishing and hunting in the territories specified in Article 1 and in their territorial waters". The Svalbard Treaty