ABSTRACT

This chapter discusses three situations where states have put aside doctrine and successfully resolved or controlled a sovereignty dispute by negotiating a functional solution. It also discusses the role of interim measures. The Falklands crisis has reaffirmed the point that sovereignty disputes can create wars. Sovereignty disputes have a different character from political or economic disputes. Sovereignty disputes deal with ownership, national pride, prestige, and self-image. The recent development in international law to recognize or authorize the extension of coastal state jurisdiction over the continental shelf and fisheries and other economic uses of the sea out to 200 nautical miles from the coast has greatly complicated the settlement of land disputes where a coastline is involved. Spitsbergen, known also as Svalbard, is an archipelago located about 400 miles north of Norway. The Spitsbergen/Svalbard Treaty continues to function today in a world of changing social strategies and economic interests.