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Arctic Frontiers

Navigating the complex landscape of sovereignty, maritime zones, and territorial claims in the world's northernmost region.

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Maritime Zones

Jurisdictional Overview

The Arctic region encompasses land, internal waters, territorial seas, exclusive economic zones (EEZs), and international waters north of the Arctic Circle. These areas fall under the jurisdiction of eight Arctic coastal states: Canada, Denmark (via Greenland), Finland, Iceland, Norway, Russia, Sweden, and the United States.[1] International law, particularly the UN Convention on the Law of the Sea (UNCLOS), governs these maritime areas.

UNCLOS Maritime Zones

UNCLOS defines several maritime zones:

  • Territorial Sea: Extends 12 nautical miles from the baseline. Coastal states exercise full sovereignty, subject to the right of innocent passage for foreign vessels.[3]
  • Contiguous Zone: Extends up to 24 nautical miles from the baseline. Allows coastal states limited enforcement rights for customs, fiscal, immigration, and sanitary laws.[3]
  • Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the baseline. Grants the coastal state exclusive rights for resource exploration and exploitation (water column and seabed).[2]

The Arctic Exception

Article 234 of UNCLOS, often termed the "Arctic exception," allows Arctic states to implement special measures to protect the local environment and prevent vessel-source pollution in areas covered by ice for most of the year.[5][6] Such measures must be based on scientific evidence and cannot discriminate against foreign vessels.

Extended Continental Shelf Claims

The UNCLOS Process

Under UNCLOS, states have a ten-year window from ratification to submit claims for an extended continental shelf beyond the 200-nautical-mile EEZ limit. These claims, based on geological evidence of seabed extension, are reviewed by the Commission on the Limits of the Continental Shelf (CLCS).[7] Valid claims grant exclusive rights to seabed resources, but do not extend the EEZ itself.

Seabed Resource Potential

Significant petroleum and natural gas reserves are believed to exist beneath the Arctic seabed, particularly within the EEZs of Arctic nations. However, extended continental shelf claims cover much of the remaining seabed, potentially assigning rights to these resources exclusively to the coastal states.[54]

Overlapping Claims and High Seas

While the CLCS judges the scientific validity of claims, it does not define borders. Overlapping claims necessitate bilateral settlements between states. The areas not falling under national jurisdiction are considered "high seas," administered by the International Seabed Authority for resource exploitation.[2]

National Claims & Disputes

Canada

Canada claims Arctic sectors based on the sector principle and asserts sovereignty over the waters within the Canadian Arctic Archipelago as internal waters. It has actively pursued extended continental shelf claims, including areas around the North Pole.[20] Disputes exist with the U.S. regarding the maritime boundary in the Beaufort Sea, based on differing interpretations of boundary delimitation principles (natural prolongation vs. equidistance).[64] Canada and Denmark resolved their dispute over Hans Island in 2022, establishing a land border.[63]

Denmark (Greenland)

Denmark, via Greenland, claims an extended continental shelf reaching past the North Pole, arguing the Lomonosov Ridge is a geological extension of Greenland.[29] This claim overlaps with those of Canada and Russia.[50] Denmark also maintains its position on the legal status of Danish Straits based on historical treaties.

Norway

Norway ratified UNCLOS and submitted claims for an extended continental shelf in the Barents Sea and the Arctic Ocean, including areas like the Western Nansen Basin. It has resolved a long-standing maritime boundary dispute with Russia in the Barents Sea.[39][40]

Russia

Russia claims a vast extended continental shelf within its Arctic sector, asserting that the Lomonosov and Mendeleyev Ridges are extensions of the Siberian continental shelf.[42] Expeditions like Arktika 2007, involving submersible descents to the North Pole seabed, provided data supporting these claims.[44] While the CLCS recognized most of Russia's claims in 2023, it did not recognize the Gakkel Ridge area contested with Denmark.[50]

United States

The U.S. has not ratified UNCLOS but asserts that its rights to an extended continental shelf are established under customary international law. It is conducting seabed mapping off Alaska to determine its shelf boundaries.[51] The U.S. position on the Beaufort Sea boundary differs from Canada's, leading to a dispute over a potentially resource-rich area.[64]

Navigational Passages

Northwest Passage

The legal status of the Northwest Passage is contested. Canada views it as internal waters, allowing for robust environmental and regulatory control. Conversely, the U.S. and many maritime nations consider it an international strait, granting rights of transit passage.[68][70] Its potential opening due to climate change presents significant geopolitical and economic implications for global shipping.

Northeast Passage (Northern Sea Route)

Russia considers parts of the Northern Sea Route, east of Novaya Zemlya, to be within its territorial and internal waters. Year-round navigability, projected to increase due to climate change, could significantly reduce shipping costs between Europe and Asia.[2][74]

Future Outlook

Climate Change Impact

Arctic climate change is reducing sea ice extent, potentially opening new shipping routes and increasing access to resources. This transformation presents both economic opportunities and challenges, including potential resource competition and environmental risks.[53]

Cooperation vs. Conflict

While narratives of an "Arctic resources race" and potential conflict exist, international cooperation frameworks like the Arctic Council and declarations like the Ilulissat Declaration emphasize bilateral dispute resolution and shared governance.[58] However, overlapping claims and strategic interests continue to shape the region's geopolitical dynamics.

References

Source Citations

  1. "The Arctic Council". Arctic Council.
  2. Carlson, Jon D.; Hubach, Christopher; Long, Joseph; Minteer, Kellen; Young, Shane (2013). "Scramble for the Arctic: Layered Sovereignty, UNCLOS, and Competing Maritime Territorial Claims". The SAIS Review of International Affairs. 33 (2): 21โ€“43. ISSN 1945-4716. JSTOR 26995398.
  3. Larkin, John E. D. (2009โ€“2010). "UNCLOS and the Balance of Environmental and Economic Resources in the Arctic". Georgetown International Environmental Law Review. 22: 307.
  4. Larkin, John E. D. (2009โ€“2010). "UNCLOS and the Balance of Environmental and Economic Resources in the Arctic". Georgetown International Environmental Law Review. 22: 307.
  5. Solski, Jan Jakub (2021-01-02). "The Genesis of Article 234 of the UNCLOS". Ocean Development & International Law. 52: 1โ€“19. doi:10.1080/00908320.2020.1835026. hdl:10037/21803. ISSN 0090-8320.
  6. Hossain, Kamrul (2023). "Article 234 of UNCLOS and the Arctic Prerogative for an Ice-covered Area" (PDF). Arctic Law in 1000 Words.
  7. "United Nations Convention on the Law of the Sea (Annex 2, Article 4)". Retrieved 2007-07-26.
  8. "Maritime jurisdiction and boundaries in the Arctic region" (PDF). Durham University International Boundaries Research Unit. 2008-07-24.
  9. "Canada to claim north pole as its own". The Guardian. December 9, 2013. Retrieved 10 December 2013.
  10. "Transnational Issues CIA World Fact Book". CIA. Retrieved 2012-01-10.
  11. "Boundary dispute Backgrounder". Global Affairs Canada. 2022. Retrieved 14 June 2022.
  12. "Territorial claims โ€“ The Right Arctic". Arcticcontroversy.weebly.com. Retrieved 2015-05-31.
  13. "Russia's Arctic Shelf Bid and the Commission on the Limits of the Continental Shelf, Explained". The Belfer Center for Science and International Affairs. 2023-03-02. Retrieved 2024-12-19.
  14. "Frequently Asked Questions-U.S. Extended Continental Shelf Project". United States Department of State. n.d. Retrieved 2 January 2023.
  15. "Conference in Ilulissat, Greenland: Landmark political declaration on the future of the Arctic". Ministry of Foreign Affairs of Denmark. 2008-05-28.
  16. Cornell Overfield (September 25, 2021). "Could a Kiwi Sailor's Northwest Passage Transit Break the Legal Ice Between Canada and the U.S.?". Lawfare. Retrieved 10 January 2012.
  17. "American Economic Growth in the Information Age". ISUMA. Archived from the original on 31 January 2002. Retrieved 8 May 2015.
  18. Chen, Jinlei; Kang, Shichang; You, Qinglong; Zhang, Yulan; Du, Wentao (2022-12-01). "Projected changes in sea ice and the navigability of the Arctic Passages under global warming of 2 ยฐC and 3 ยฐC". Anthropocene. 40 100349. doi:10.1016/j.ancene.2022.100349. ISSN 2213-3054.
  19. "Continental Shelf โ€“ submission to the Commission by Norway". United Nations. Retrieved 8 May 2015.
  20. "Evolution of Arctic Territorial Claims and Agreements: A Timeline (1903โ€“Present)" (PDF). Henry L. Stimson Center. 15 September 2013. Accessed: 17 December 2014.
  21. "Continental Shelf โ€“ submission to the Commission by the Russian Federation". United Nations. Retrieved 8 May 2015.
  22. "The Battle for the Next Energy Frontier: The Russian Polar Expedition and the Future of Arctic Hydrocarbons", by Shamil Yenikeyeff and Timothy Fenton Krysiek, Oxford Institute for Energy Studies, August 2007
  23. "Russia's Arctic Shelf Bid and the Commission on the Limits of the Continental Shelf, Explained". The Belfer Center for Science and International Affairs. 2023-03-02. Retrieved 2024-12-19.
  24. The Edmonton Journal (9 April 2006). "Northwest Passage gets political name change". Canada.com.
  25. "The Big Melt: A Series About the Arctic and Climate Change From The New York Times".
  26. Larkin, John E. D. (2009โ€“2010). "UNCLOS and the Balance of Environmental and Economic Resources in the Arctic". Georgetown International Environmental Law Review. 22: 307.
  27. Solski, Jan Jakub (2021-01-02). "The Genesis of Article 234 of the UNCLOS". Ocean Development & International Law. 52: 1โ€“19. doi:10.1080/00908320.2020.1835026. hdl:10037/21803. ISSN 0090-8320.
  28. "United Nations Convention on the Law of the Sea (Annex 2, Article 4)". Retrieved 2007-07-26.
  29. "Transnational Issues CIA World Fact Book". CIA. Retrieved 2012-01-10.
  30. "Continental Shelf โ€“ submission to the Commission by the Russian Federation". United Nations. Retrieved 8 May 2015.
  31. "Russia's Arctic Shelf Bid and the Commission on the Limits of the Continental Shelf, Explained". The Belfer Center for Science and International Affairs. 2023-03-02. Retrieved 2024-12-19.
  32. Cornell Overfield (September 25, 2021). "Could a Kiwi Sailor's Northwest Passage Transit Break the Legal Ice Between Canada and the U.S.?". Lawfare. Retrieved 10 January 2012.
  33. "American Economic Growth in the Information Age". ISUMA. Archived from the original on 31 January 2002. Retrieved 8 May 2015.

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References

References

  1.  Territorial Sea Geographical Coordinates (Area 7) Order, SOR/85-872
  2.  Michael McCormack, "More than Words: Securitization and Policymaking in the Canadian Arctic under Stephen Harper", American Review of Canadian Studies (2020) 50#4 pp 436-460.
A full list of references for this article are available at the Territorial claims in the Arctic Wikipedia page

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Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal advice. The information provided on this website pertains to international law and territorial claims, and should not be considered a substitute for professional legal consultation. Always consult with qualified legal professionals for advice regarding maritime law, international treaties, or sovereignty disputes.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.