Tore Henriksen

Maritime Delimitation in the Arctic: The Barents Sea Treaty

During a visit to Norway by the Russian president in the spring of 2010, the president and the Norwegian prime minister surprisingly announced agreement on a delimitation line in the Barents Sea ending almost 40 years of negotiations. The agreement was signed in Murmansk on 15 September 2010. This article presents the background of the dispute and undertakes an assessment of the agreement and its implications for the Barents Sea, Svalbard, and other Arctic maritime delimitations.

Law and Politics in Ocean Governance: The UN Fish Stocks Agreement and Regional Fisheries Management Regimes

The UN Fish Stocks Agreement was an effort to curb rising conflicts and unilateral actions regarding the rights and duties of States to exploit and manage straddling and highly migratory fish stocks.This volume explores how these commitments are acted upon by States in a selection of regional fisheries management regimes, covering fisheries from the European Arctic to the western and central Pacific Ocean.

Svalbard's Maritime Zones: The End of Legal Uncertainty?

This paper argues that Norway, by fixing the extension of the continental shelf around the Svalbard archipelago according to criteria set by the Law of the Sea Convention, may see an end to some of the legal controversies regarding the maritime zones around Svalbard. The process of determining the outer limits of the continental shelf area adjacent to Svalbard is adduced as supporting the view that Norway is entitled to establish maritime zones around the archipelago, including an exclusive economic zone. It does not settle whether the provisions of the Svalbard Treaty apply to such zones, but is adduced as supporting the view that Norway may exercise coastal state jurisdiction in these areas.

Determining Allocation: From Paper to Practice in the Distribution of Fishing Rights Between Countries

This article discusses the allocation problem in international fisheries management, which is critical to effective resource management. A number of cases where allocation problems exist are reviewed and trends identified. It is concluded that power relationships between the states involved are an important determinant of allocation outcomes. While this may seem a frustrating conclusion, it nevertheless reflects the realities of international cooperation.

Revisiting the Freedom of Fishing and Legal Obligations on States Not Party to Regional Fisheries Management Organizations

For decades, states have cooperated through regional fisheries management organizations (RFMOs) on the conservation and management of living marine resources on the high seas. Nonmembers, or third states not bound by their decisions, have been an Achilles’ heel. In this article, the legal status of RFMO nonmembers and the freedom of fishing are examined. It is concluded that RFMO nonmembers have concrete obligations with respect to established fisheries subject to RFMO regulation.

Norway, Denmark (in respect of Greenland) and Iceland

Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms.

The Judiciary and the Law of Maritime Delimitation : Setting the Stage

This chapter introduces the remainder of the book, including a brief overview of the individual chapters. It introduces the research focus of the project that resulted in this Volume and then briefly comments on the development of the law on the entitlement to and delimitation of the continental shelf and the exclusive economic zone. As is explained, the relevant rules contained in multilateral conventions and customary international law provide the framework against which developments in the case law have to be assessed. The chapter also considers the availability of third party dispute settlement mechanisms to resolve disputes on the delimitation of the continental shelf and the exclusive economic zone. The option of third party dispute settlement was considered to be relevant to maritime delimitation from the outset of the debate on substantive delimitation provisions. A further section concerns the question how the composition of judicial bodies may shape the law and whether criticism from beyond the bench may have had an impact on the development of the case law. If anything, this assessment shows how difficult it is to second-guess what transpires in the internal deliberations of the judiciary.

Conclusions – Taking stock and looking ahead

This chapter draws together the conclusions of the preceding chapters. A first section considers the general rules on delimitation contained in multilateral conventions and customary law and assesses how these rules have been provided further, specific content by the case law. It is concluded that the case law’s explanation of the central concepts of the law is not wholly satisfactory. The chapter then considers how the terms consistency and predictability should be understood, how they relate to each other, and makes an assessment of the consistency and predictability of the case law. Consistency can be said to exist at the level of defining the approach to delimitation, but in applying this approach this is less so. Predictability exists in relation to straightforward case, but assessing the outcome of complex cases remains a daunting task. Next the chapter considers the normative nature of the process of maritime boundary delimitation briefly considers how the case law on the delimitation of maritime boundaries may develop in the future. In the final analysis, it is concluded clear that research into the consistency and predictability of the case law on maritime delimitation is likely to remain relevant in the years to come.

The European Union and the Arctic

The European Union and the Arctic examines the roles the EU can and should play in shaping Arctic governance to ensure sustainable development in the Arctic region.

Governance of Arctic Shipping

Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms.