ABSTRACT

Norway gained full and absolute sovereignty over Svalbard and its and territorial waters through the 1920 Svalbard Treaty. This chapter provides an overview of the development of Svalbard from a coal-mining community to a modern society dominated by research, higher education and tourism. The chapter addresses of two of the major challenges to the governance of Svalbard and its maritime waters: the dispute over the geographical application of the treaty and the impacts of climate change. The chapter provides an overview of the dispute whether Norway is under an obligation to ensure non-discrimination of nationals of contracting parties when exercising sovereign rights in the 200-mile zone and on the continental shelf. The dispute remains unresolved, as documented by the exchange of diplomatic notes between Norway and the EU during 2021. The second challenge is tackled through investigating the measures taken by Norway to regulate maritime operations – seaborne tourism – that may increase in the coastal waters of Svalbard following the melting of the sea ice. Norwegian authorities have a long history of prioritising environmental protection over economic development. The challenge is now to ensure that human activities such as maritime operations do not add extra threats to the environment.