Svalbard Treaty
Syllabusbilateral, regional and global groupings and agreements involving India and/or affecting India's interests
The Svalbard Treaty recognizes Norway's full and absolute sovereignty over the Svalbard archipelago, but makes its exercise subject to specific treaty obligations. Signed in 1920 and effective from 1925, it combines Norwegian administration with equal economic access for nationals and companies of all contracting parties.
Sovereignty under treaty limitations
Norway may legislate, administer justice and enforce laws in Svalbard, subject to the treaty's requirements. The regime therefore does not create an international territory or shared sovereignty.
- Norwegian measures for conserving fauna and flora must apply equally to nationals of all contracting parties.
- Property and acquired rights are protected within the framework established by the treaty and Norwegian law.
Equal access and economic rights
Ships and nationals of contracting parties enjoy equal liberty of access and equal treatment in specified economic activities. These rights operate under Norwegian laws and regulations, provided they are applied without treaty-based discrimination.
- The equality principle covers fishing and hunting in the territories and territorial waters.
- Maritime, industrial, mining and commercial operations must be open on a footing of absolute equality.
- Taxes and duties levied in Svalbard must be used exclusively for the archipelago and must not exceed its local requirements.
- Mining is governed through non-discriminatory regulations, including the Svalbard Mining Code.
Restrictions on military use
Under Article 9, Norway must not establish or permit a naval base or construct fortifications in Svalbard, and the archipelago may never be used for warlike purposes. This gives Svalbard a special demilitarized status while leaving it under Norwegian sovereignty.
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