Politics of Svalbard
Svalbard Treatyrecognizes Norwegian sovereigntyover Svalbard. However, there are restrictions to Norway's rule in Svalbard as explained below in the Svalbard Treaty.
Treaties and Acts
Svalbard began as a territory free of a nation, with multiple people from different countries participating in industries including
fishing, whaling, mining, tourism, and research. Having no nation left Svalbard free of any regulations or laws, though conflicts were avoided as the area was largely restricted to only whaling and research. However, by the twentieth century mine deposits were found in Svalbard and continual conflicts between minersand owners created a need for a government. By February 9, 1920the Svalbard Treaty was signed in Parisduring the Versaillesnegotiations after World War I. In this treaty, international diplomacy recognized Norwegian soreveignty (the Norwegian administration went in effect by 1925) as well as other principles relating to Svalbard. This includes:
*Svalbard is part of Norway: Svalbard is completely controlled and part of the Kingdom of Norway. However Norway's power over Svalbard is restricted to limitations listed below
*Taxation: This allows
taxesto be collected, but only enough to support Svalbard and the Svalbard government. This results in lower taxes than mainland Norway and the exclusion of any taxes on Svalbard supporting Norway directly. Also, Svalbard's revenuesand expensesare separately budgeted than mainland Norway.
*Environmental conservation: Norway must respect and preserve the Svalbard environment
*Non-discrimination: All citizens and all companies of every nation under the treaty are allowed to become residents and to have access to Svalbard including the right to
fish, huntor undertake any kind of maritime, industrial, miningor tradeactivity. The residents of Svalbard must follow Norwegian law though Norwegian authority cannot discriminate or favor any residents of a certain nationality.
* Military restrictions: Article 9 prohibits naval bases and fortifications and also the use of Svalbard for war-like purposes. It is, however, not entirely demilitarized.
The following 39 countries are participating in the treaty:
Afghanistan, Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Chile, China, Denmark, the Dominican Republic, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Italy, Japan, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Russia, Saudi Arabia, Spain, South Africa, Sweden, Switzerland, the UK, the USAand, Venezuela.
Because citizens of various other countries have rights to exploit mineral deposits and other natural resources "on a footing of absolute equality", a permanent Russian settlement was established up at
Barentsburg. Another Russian settlement at Pyramidenwas abandoned by 2000. At one time, the Russian (or Soviet) population of Svalbard considerably exceeded the Norwegian population, although this no longer applies.
The Svalbard Act of
June 17, 1925, made Svalbard officially part of Norway. Norwegian civil, penal, execution and court procedural law was given application on Svalbard. Other statuatory provisions, such as administrative law are not given effect for Svalbard unless expressly specified. The act also specifies the organization of the Svalbard administration as well as ownership over land on the archipelago. The act did not specify a particular date for entering into force, which was left to the King to decide. It was decided on August 7, 1925that the act should enter into force when Norway officially took control of Svalbard, which was August 14, 1925.
valbard Environmental Protection Act
The Svalbard environmental Protection Act came into effect on
July 1, 2002. The act includes area protection, species management (such as floraand fauna), waste disposal, land use plans, pollution, human artefacts, traffic as well as cabins.
Norway is part of the
Schengen area, meaning there is no passport check for travellers to other Schengen countries and a common Visa policy for visitors from outside areas. But Svalbard is not a part of the Schengen Area, because of the special rules about who can settle here. This means that a passportor a Nordic ID card has to be shown when travelling to Norway.
Governor of Svalbard
The governor of
Svalbard(or sysselmann in Norwegian) represents the Norwegian government in exercising its limited sovereign authority over the archipelago. The governor reports to the Norwegian ministry of justice, but it maintains all Norwegian interests in the area, including environmental protection, law enforcement, representation, mediation, and matters related to marriage, divorce, etc. A major governor's role is to maintain healthy relations with Barentsburg, the Russian community.
The governor's office controls multiple
helicopters, snowscooters, speedboats, and other equipment needed to meet its responsibilities. Norwegian Storting determines the office's annual budget (about NOK 60 million). Most of it is used for transportation.
A list of major governor tasks. The following was taken by Svalbard's main government website.
* To uphold Norwegian Sovereignty
* To look after and coordinate the interests of the state
* To apply himself for the good of Svalbard as a whole
Department of Environment
* To survey and monitor the environment
* To ensure that environmental principles are adhered to in plans for land use, construction and commercial activity
* To manage protected areas
* To manage game and fish resources
* To manage outdoor recreation, tourism and traffic in the wilds
* To handle pollution issues and waste management
* To update records and studies of human artefacts
* To administer the upkeep of memorials
* To control import and export of animals
* To coordinate veterinary services
* Traffic restriction at sea and on land
* Airport surveillance
* Preventive measures
* Renewal of driving licences
* Maintenance of public order
* The issuing of passports
* Rescue services
* Oil pollution services
* Upkeep of motor vehicles records
* Maritime authority
* Traffic control
* Legal enforcement
* The issuing of firearms permits
* That of licensing divorces and marriages
* Parent mediation
* The solemnising of marriages
* Prosecution in criminal cases
* The functions of Notary Public
* The provision of legal advice
* Board of Health tasks
* Fire prevention
Executive, Legislative, and Judicial Branches
Executive, legislative, and judicial branches of Svalbard is that of (the rest of) Norway, which Svalbard is a part. The Norwegian legal system consists of customary law, civil law system, and common law traditions. The courts include the Supreme Court ("Høyesterett") with 17 permanent judges and a president, courts of appeal (court of second instance in most cases), city and county courts (court of first instance in most cases), and conciliation councils (court of first instance in petty cases). Court judges are appointed by the King in council after nomination by the Ministry of Justice. High Court of the Realm ("Riksrett") can impeach government and Supreme Court members though most of its significance was lost after 1884. As for legislative, Svalbard is represented by a governor (noted above), and Svalbard's executive branch is controlled by that of Norway's. The executive branch consists of:
* [http://www.sysselmannen.svalbard.no/eng/ Governor of Svalbard's Main Website]
* [http://www.ub.uio.no/ujur/ulovdata/lov-19250717-011-eng.pdf The Svalbard Act and Mining Code translated into English] (note: translated in 1988, the translation has not been updated and lacks the chapter on the new Longyearbyen Local Authority)
* [https://www.cia.gov/library/publications/the-world-factbook/geos/sv.html CIA World Factbook Article on Svalbard]
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