The Svalbard Treaty | Sovereignty, Access, and the Spirit of the Arctic

While many international agreements break apart within months, a 100-year-old Svalbard Treaty from the post-World War 1 period still holds strong. Even a century after it was signed, the treaty continues to play a significant role as the geopolitical importance of the Arctic keeps rising.

What is the Svalbard Treaty?

With the signing of the Svalbard Treaty in Paris on 9 February 1920, Svalbard became an integral part of Norway. Previously, Svalbard was always considered a no-man’s land or terra nullius. While it was originally signed by 14 states, presently, 48 countries are signatories to the Svalbard Treaty.

The purpose of the treaty was to ensure peace and stability in the region. Since it did not belong to a specific country, no particular code of law was followed in Svalbard. This made the settling of disputes of any kind extremely complicated. The need for a proper rule of law became necessary in the early phase of the 20th century, when various mining companies started operating in Svalbard.

The treaty came into force on 14 August 1925, granting Norway' full and absolute’ sovereign rights over the area of Svalbard - the land between 10° and 35°E and between 74° and 81°N, as well as its territorial seas extending out to 12 nautical miles. But in 1977, Norway established the Fisheries Protection Zone (FPZ) extending up to 200 nautical miles around Svalbard.

Additionally, there were other clauses in the Treaty that Norway needs to abide by. The treaty also gives Norway the right to take appropriate measures to preserve the Arctic environment of Svalbard. 

By the late 17th century, over 200 ships of French, Spanish, Danish companies, and also of the Hanseatic League, were involved in whaling activities in the archipelago. As the whale population reduced due to indiscriminate killing, whalers stepped back, and the fur trappers and sealers started arriving in Spitsbergen. 

Pomor trappers from Russia set up stations and started wintering in Spitsbergen. Apart from walruses and seals, the trappers also hunted polar bears, reindeer, and foxes. By the 1820s, the walrus herds had diminished due to intense hunting. In the 19th century, multiple Arctic expeditions visited Svalbard, many of which were driven by national and economic interests.

The next phase of Svalbard’s exploitation began with coal mining. While coal was discovered here in 1610, the first mining operations were started by the Arctic Coal Company of Boston, Massachusetts. It is this coal rush that resulted in the establishment of permanent settlements in the archipelago.

The Arctic Coal Company set up Longyear City in 1906 (renamed as Longyearbyen in 1926), and by 1912, they were extracting 40,000 tons annually. By 1920, the coal rush had intensified, and over 100 land claims were made by mining companies from various countries. With no rules governing these claims, land disputes were a common occurrence. 

How the Treaty came to be

The first proposal for the annexation of Spitsbergen to Norway came in 1871 from the Swedish government. But Russia objected to the proposal. Once the Sweden-Norway union dissolved in 1905, the independent Norwegian government focused on resolving the 'Spitsbergen issue’.

What the treaty guarantees and limits

Even though Norway gained sovereignty over Svalbard, the treaty specifies a few key reservations.

Equal economic access

Citizens from the states who are a part of the treaty have equal rights to conduct maritime, mining, industrial, and other commercial operations in Svalbard. No discrimination is allowed based on nationality. All the citizens will have to follow the environmental regulations that are active in the archipelago.

Military restrictions

Article 9 of the treaty does not allow Norway to establish military bases or fortifications on Svalbard. In line with the terms of the treaty, Svalbard remains a 'demilitarised' zone. Even during World War II, only a peacekeeping garrison was stationed in Svalbard to ensure that the terms of the treaty would not be violated.

So, Svalbard and its territorial seas are not to be used ‘for warlike purposes’. Beyond the presence of the coast guard patrols, the presence of the Norwegian military in Svalbard is minimal.

Taxation and environmental duties

As per Article 8 of the treaty, taxes and fees collected from commercial activities in Svalbard will be used only for the benefit of Svalbard. There are separate tax rates for Svalbard, and the collected amount is not used for mainland Norway. In addition, Norway has the right to take necessary steps for preserving the Arctic environment of Svalbard.

Who lives in Svalbard today?

Even with a vast area, Svalbard is home to just a handful of people. Longyearbyen is the largest Arctic community in Svalbard with around 2,100 residents. The Russian coal-mining town of Barentsburg has a community of 400-500 people. The research station of Ny-Ålesund hosts scientists from various countries, and the number of residents in summer can be around 150.

The entry requirement to Svalbard is different as it is not a part of the Schengen cooperation. Even so, you will need a Schengen area visa to visit Svalbard via the Norwegian mainland. 

Foreigners do not require a visa or a work or residence permit to reside in Svalbard. A passport or a national ID card is sufficient for identification. But adequate funds are needed to support any plans for a long-term stay in Svalbard, and the Governor of Svalbard has the right to reject people who do not meet requirements.

Who can visit Svalbard and when?

How to get there

The easiest way to reach Svalbard is to take a direct flight from Oslo to the airport in Longyearbyen. The other option is to take a cruise ship from a departure point in northern Norway for a journey to the archipelago.

When to go

Compared to some other remote Arctic destinations, Svalbard is more accessible year-round. This is due to more favourable ice conditions and better infrastructure.

The peak season for visiting Svalbard is in the polar summer, between May and September. The weather remains comfortable in this period, and the wildlife remains most active. The season of spring, between March and May, is best for viewing snowscapes and activities like snowmobiling and dog sledging. 

The number of visitors drops sharply as Svalbard descends into the long winter night. If you can bear the bitter cold, winter is the best time to observe the Northern Lights. 

What you might see

The prime attraction of Svalbard is the dramatic views of the Arctic wilderness with bare mountains, fjords, and glaciers. You can also view Arctic wildlife and species like the polar bears, bearded seals, harp seals, Arctic fox, Svalbard reindeer, and whales. The iconic bird species, like the little auk, kittiwake, and black guillemot, are another attraction.

Beyond that, there is the charm of the Arctic town of Longyearbyen, which has a surprisingly cosmopolitan vibe. The town also has the global seed vault, or the 'Doomsday Vault’ that acts as a safety net against the potential risks of extinction. You can also visit the Soviet-era mining towns like the abandoned Pyramiden and the still-active Barentsburg, which are under Russian control.

The Treaty’s impact on science and research

Ny-Ålesund: a global arctic laboratory

Ny-Ålesund is the northernmost research station on the planet and a key place for monitoring the environment and effects of climate change. Scientists from 10 countries stay on this station all year round, researching a variety of subjects related to space, atmosphere, planetary weather, Arctic wildlife, pollution levels, and more.

The geographical significance of Svalbard today 

Owing to their location, Norway’s Arctic areas have come under international focus. The region has strategic significance for Russia, as well as for Europe, resulting in serious geopolitical issues. 

One reason for that is the melting ice in the Arctic due to global warming and rising opportunities to access the wealth of natural resources like oil, gas, and critical minerals located here. This is closely related to the rise in the importance of the Northern Sea Route in the coming decades, especially for Russia.

With the Arctic becoming one of the most politically sensitive regions in Europe, other countries beyond the Arctic Circle are also expressing interest in Svalbard. Despite these ongoing tensions, the Svalbard Treaty plays a crucial role in preventing Svalbard from becoming a military frontier in the Arctic. 

Why the Svalbard Treaty still sparks debate

Some experts suggest that, being a ‘shared space’, the legal status of Svalbard remains ambiguous. While it is fully Norwegian territory, Svalbard remains open to support the interests of the nations that are signatories to the treaty. This makes it vulnerable to concealed aggression from various states.

Even though Norway’s sovereignty over the archipelago remains undisputed, Norway’s Svalbard policies have faced criticisms, particularly from Russia. In the past, Russia has objected to the unilateral imposition of the FPZ by Norway and its right to inspect Russian vessels. Recently, Russia has accused Norway of violating the Svalbard Treaty and militarising Spitsbergen.

While Norway has denied all accusations, tensions continue to rise as all the global superpowers compete for a piece of the Arctic. At the same time, there have been questions regarding the activities of Russian vessels in the waters around Svalbard.

In the past few years, China has increased its activity in the Arctic and has plans to develop heavier icebreakers for mapping the Arctic. China has started investing in Russian liquefied natural gas projects in the Arctic. Such efforts have alarmed Norway about China’s long-term military and commercial goals in Svalbard.

Visiting Svalbard under the Treaty

The Svalbard Treaty guarantees equal access to foreigners, offering protection to researchers and commercial operators from signatory countries. Note that the Svalbard Treaty does not mention any directives for conducting scientific research in Svalbard. However, members of the international scientific community are welcome in line with the spirit of the treaty.

While no visa is required to visit Svalbard, tourists and cruise companies need to follow the environmental guidelines set by Norwegian authorities. With the number of expedition cruises to Svalbard rising sharply, it has become important to balance rising tourism with sustainability.

Why the Svalbard Treaty still matters

The Svalbard Treaty marks the transition of Svalbard from a ‘no-man’s land’ to something close to 'every man’s land’. With the rising geopolitical significance of the Arctic and the complex overlapping of interests, this Arctic gem is emerging as a frontier between the East and the West. Undoubtedly, the Svalbard Treaty will have a crucial role to play in the future as the political situation intensifies.