Advanced Search

RS 0.142.115.981 Treaty of 9 February 1920 concerning Spitsbergen (Norway) (with annex)

Original Language Title: RS 0.142.115.981 Traité du 9 février 1920 concernant le Spitzberg (Norvège) (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.142.115.981

Original text

Treaty on Spitsbergen

Conclu in Paris on February 9, 1920
Instrument of accession deposited by Switzerland on 30 June 1925
Entered into force for Switzerland on 14 August 1925

(State 1 Er April 2015)

The President of the United States of America, His Majesty the King of Great Britain and Ireland and the British Territories beyond the Mers, Emperor of the Indies, His Majesty the King of Denmark, the President of the French Republic, His Majesty the King DItaly, Her Majesty the Emperor of Japan, Her Majesty the King of Norway, His M A Jested the Queen of the Netherlands, Her Majesty the King of Sweden,

Wishing, by recognising the sovereignty of Norway on the Spitsbergen archipelago, including the Bear Island, to see these regions with a fair regime to ensure their development and peaceful use,

Have appointed their Plenipotentiaries with a view to concluding a Treaty to that effect:

(Following are the names of plenipotentiaries)

Which, having exchanged their full powers, recognized in good and due form, have agreed on the following stipulations:

Art. 1

The High Contracting Parties shall agree to recognise, under the conditions laid down in this Treaty, the full and full sovereignty of Norway on the Spitsbergen archipelago comprising the island of Bears or Bären-Eiland all Islands between the 10 ° and 35 ° east of Greenwich and between 74 ° and 81 ° north latitude, including: Western Spitsbergen, Northeast Land, Barent Island, Edge Island, Wiche Islands, Island of Hope or Hopen-Eiland and Land Prince Charles, together the islands, islets and rocks that depend on it.

Art. 2

Ships and nationals of all High Contracting Parties shall also be admitted to the exercise of fishing and hunting rights in the areas referred to in Article 1 and their territorial waters.

It will be for Norway to maintain, take or enact measures to ensure the conservation and, where appropriate, the recovery of the fauna and flora in the said regions and their territorial waters, on the understanding that these measures Must also be applicable to nationals of all High Contracting Parties without any exemptions, privileges and favours of any kind, direct or indirect, to the benefit of any of them.

Occupants whose rights will be recognized under the terms of s. 6 and 7 shall enjoy the exclusive right of hunting on their land: 1 ° in the vicinity of the houses, houses, shops, factories, installations for the purposes of the operation of the land, under the conditions laid down by the Local police regulations; 2 ° within a radius of 10 kilometres around the principal place of business or operations; and in both cases subject to compliance with the regulations laid down by the Norwegian Government under the conditions Set out in this Article.

Art. 3

Nationals of all High Contracting Parties shall have equal freedom of access and release for any cause and purpose, in the waters, fjords and ports of the regions referred to in Article 1; they shall be able to do so, without No impediment, subject to the observation of local laws and regulations, to all maritime, industrial, mining and commercial operations on an equal footing.

They shall be admitted under the same conditions of equality in the exercise and exploitation of all maritime, industrial, mining or commercial enterprises, both on land and in territorial waters, without any monopoly, in any respect and in respect of Any company, can be established.

Notwithstanding the rules which would be in force in Norway in respect of cabotage, the vessels of the High Contracting Parties from or to the regions referred to in Article 1 shall have the right to relax, both in return and in return, In the Norwegian ports, for embarking or disembarking passengers or goods to or from those regions, or for any other cause.

It is understood that, in all respects, and in particular as regards exports, imports and transit, nationals of all High Contracting Parties, their vessels and their goods, shall not be subject to any charge or Any restriction, which shall not be applied to nationals, ships or goods, enjoying the most-favoured-nation treatment in Norway, Norwegian nationals, their vessels and goods being for that purpose Assimilated to those of the other High Contracting Parties, and having no more treatment In favour of no regard.

The exportation of all goods destined for the territory of any of the Contracting Powers shall not be subject to any charge or restriction which may be different or more onerous than those provided for in the export of Goods of the same species to the territory of another Contracting Power (including Norway) or any other country.

Art. 4

Any public station of wireless telegraphy established or to be established, with the permission or care of the Government of Norway, in the areas referred to in Art. 1 shall always be open on an equal footing to the communications of ships of all flags and nationals of the High Contracting Parties under the conditions laid down in the Radio-Television Convention of 5 July 1912 1 Or the International Convention which would be concluded to be substituted for it.

Subject to international obligations resulting from a state of war, the owners of land will still be able to establish and use wireless telegraph facilities for their own affairs, which will have the freedom to communicate For private business with rix or mobile stations, including stations established on ships and aircraft.


1 [RO 39 102. RO 50 802]. Currently " the international telecommunications conv. Of 25 Oct. 1973 (RO 1976 994) and 6 Nov 1982 (RS 0.784.16 ) And the Constitution and Conv. Of the International Telecommunication Union, of 22 Dec. 1992 (RS 0.784.01 2 ) ".

Art. 5

The High Contracting Parties recognizing the usefulness of establishing an international meteorological station in the regions referred to in Article 1, the organization of which will be the subject of a subsequent Convention.

It will also be provided by Convention to the conditions under which scientific research may be carried out in the said regions.

Art. 6

Subject to the provisions of this Article, acquired rights belonging to nationals of the High Contracting Parties shall be valid.

Claims arising out of the rights arising from the taking of possession or occupation prior to the signature of this Treaty shall be settled in accordance with the provisions of the attached Annex, which shall have the same force and value as this Treaty.

Art. 7

In the regions referred to in Article 1, Norway undertakes to grant to all nationals of the High Contracting Parties, in respect of modes of acquisition, enjoyment and exercise of the right of ownership, including rights Mining, a treatment based on perfect equality and in accordance with the provisions of this Treaty.

Expropriation shall be carried out only on grounds of public utility and against the payment of a fair compensation.

Art. 8

Norway undertakes to provide for the regions referred to in Article 1 of a mining regime which, in particular from the point of view of taxes or charges of all kinds, general and special conditions of work, shall exclude all privileges, Monopolies or favours, both for the benefit of the State and for the benefit of nationals of one of the High Contracting Parties, including Norway, and ensure that employees of any category have the necessary guarantees of wages and protection to their employees Physical, moral and intellectual well-being.

The taxes and duties which will be collected shall be exclusively devoted to those regions and may be established only to the extent that they are justified by their object.

With regard specifically to the export of minerals, the Government of Norway will have the option of establishing an export tax; however, this fee may not be greater than 1 per cent. Over 100 % of the maximum value of the ores exported up to 100 000 tonnes, and above that quantity, the tax will follow a decreasing proportion. The value will be determined at the end of the navigable season by calculating the average Franco-board price.

Three months before the date set for its implementation, the proposed mining regime will have to be communicated by the Government of Norway to the other Contracting Powers. If, within that period, one or more of the said Powers proposed amendments to that regulation before it was applied, those proposals would be communicated by the Government of Norway to the other Powers To be submitted to the examination and to the decision of a Commission composed of a representative of each of those Powers. The Commission will be convened by the Government of Norway and will have to act within three months from the date of its meeting. Its decisions will be taken by a majority of votes.

Art.

Subject to the rights and duties that may result for Norway of its membership in the League of Nations, Norway undertakes not to establish and to allow any naval base to be established in the areas referred to in Art. 1, not to build any fortifications in these areas, which should never be used for a purpose of war.

Art. 10

Until recognition by the High Contracting Parties of a Russian Government permits Russia to accede to this Treaty, Russian nationals and companies shall enjoy the same rights as nationals of the High Parties Contractants.

The claims that they would have to make in the areas referred to in section 1 will be filed under the conditions set out in s. 6 and the Annex to this Treaty, by the care of the Government of Denmark, which agrees to lend, for this purpose, its good offices.

This Treaty, of which the English and French texts shall prevail, shall be ratified.

The deposit of ratifications will be made in Paris, as soon as possible.

The Powers of which the Government has its seat outside Europe will have the right to confine itself to making known to the Government of the French Republic, by their diplomatic representative in Paris, that their ratification has been given and, in this case, They will have to transmit the instrument as soon as possible.

This Treaty shall enter into force, with respect to the provisions of Article 8, as soon as it has been ratified by each of the signatory Powers, and, in all other respects, at the same time as the mining regime provided for in that Article.

Third Powers will be invited by the Government of the French Republic to accede to this duly ratified Treaty. Such accession shall be effected by notification addressed to the Government of France, to which it will be responsible to notify the other Contracting Parties.

In witness whereof, The aforementioned Plenipotentiaries have signed this Treaty.

Done at Paris, on February 9, 1920 in two copies, one of which will be given to the Government of His Majesty the King of Norway and one will remain deposited in the archives of the Government of the French Republic and whose authentic expeditions will be Discounts to other Signatory Powers.

(Suivent signatures)

Annex

1

Within three months of the date of entry into force of this Treaty, all land claims which have already been formulated with the Governments of the various Powers before the signing of this Treaty Shall be notified by the Government of the Applicant to a Commissioner responsible for examining these claims. This Commissioner shall be a Danish judge or jurisconsult of nationality who has the necessary qualifications and appointed by the Government of Denmark.

2. This notification shall include an exact delimitation of the scope of the claimed land and shall be accompanied by a map, which shall be drawn up at a scale of at least 1:1000 000, and on which the claimed land shall be clearly indicated.

The notification shall be accompanied by the deposit of the sum of a penny (1 d.) per acre (40 ares) of land claimed, to cover the costs incurred in the examination of the claims.

4. The Commissioner may request the production of any other documents, acts or information deemed necessary by the Commissioner.

5. The Commissioner shall examine the claims so notified. To this end, it will be able to use such technical assistance as it deems necessary and, where appropriate, conduct an on-the-spot investigation.

6. The remuneration of the Commissioner shall be determined by mutual agreement between the Government of Denmark and the other Governments concerned. The Commissioner himself will determine the remuneration of the assistants as he deems necessary.

7. After reviewing the claims, the Commissioner shall prepare a report with a clear indication of the claims which, in his opinion, must be immediately established and those which, as a result of a dispute or for any other cause, should Its opinion, to be referred to arbitration as described below. Copies of this report will be transmitted by the Commissioner to interested Governments.

8. If the number of amounts deposited under para. 3 is not sufficient to cover the costs incurred in the examination of the claims, the Commissioner, if the claim appears to him to be well-founded, shall immediately indicate the supplement to be paid by the claimant. The amount of this amount will be determined on the basis of the extent of the land on which the claimant's securities have been substantiated.

If the amount of money deposited under para. 3. To exceed that of the said costs, the balance would be allocated to the payment of the costs of the arbitration provided for below.

9. Within three months from the date of the report provided for in para. 7 of this paragraph, the Government of Norway shall take the necessary measures to confer on the claimant, of which the Commissioner has acknowledged the justified claim, a valid title ensuring exclusive property on the ground in question, Agreement with the laws and regulations that are or will be in effect in the regions referred to in Article 1 of this Treaty and subject to the mining regulations referred to in s. 8 of the said Treaty.

However, in the event that a supplementary payment is required under para. 8 above, it shall be issued only a provisional title which shall become final as soon as the claimant has made the said payment in such a reasonable time as may be fixed by the Government of Norway.

2

Claims that, for any reason, the Commissioner, provided for in s. 1, will not have been established based on the following provisions:

1. Within three months from the date of the report provided for in para. 7 of the preceding paragraph, each of the Governments which are nationals of the claimants whose claims have not been accepted shall appoint an arbitrator.

The Commissioner will preside over the Tribunal. He shall have a casting vote in the event of sharing. He shall appoint a Secretary to receive the documents referred to in para. 2 of this paragraph and to take the necessary measures for the meeting of the Tribunal.

2. Within one month from the date of the appointment of the Secretary provided for in para. 1, the claimants shall send to the latter, through their respective Governments, a memorandum indicating with precision their claims, together with any documents and arguments that they may wish to make to the Support.

3. Within two months from the date of the appointment of the Secretary provided for in para. 1, the Court of First Instance will meet in Copenhagen to examine the claims submitted to it.

4. The language used by the Tribunal will be English. All documents or arguments may be submitted by interested parties in their own language, but must be accompanied in any case by an English translation.

5. The claimants shall have the right, if they express their desire, to be heard by the Court of First Instance, either personally or by counsel, and the Court of First Instance shall have the right to ask the claimants all explanations and documents or arguments That it would consider necessary.

6. Before hearing the case, the Tribunal shall require the parties a deposit or a guarantee of any amount that it may deem necessary to pay the share of each claimant in the expenses of the Tribunal. In determining the amount, the Tribunal will rely primarily on the scope of the claimed land. It will also be able to request further deposits from Parties in cases involving special expenditure.

7. The number of arbitrators' fees shall be determined per month and fixed by the Governments concerned. The Chairperson shall fix the appointments of the Secretary and any other persons employed by the Tribunal.

8. Subject to the provisions of this Annex, the Tribunal will have full authority to resolve its own proceeding.

9. In considering claims, the Tribunal must consider:

(a)
All applicable rules of people's rights;
(b)
The general principles of fairness and equity;
(c)
The following circumstances:
1)
The date on which the claimed land was first occupied by the claimant or its authors;
2)
The date on which the claim was notified to the Government of the claimant;
3)
The extent to which the claimant or its authors have developed and operated the land claimed by the claimant. In this regard, the Tribunal will have to take into account the circumstances or obstacles which, as a result of the existence of the state of war between 1914 and 1919, prevented the claimants from continuing their claim.

10. All expenses of the Tribunal will be shared among the claimants in the proportion set by the Tribunal. In the case where the amount of money deposited in accordance with the provisions of para. 6 would exceed that of the Tribunal's costs, the balance would be refunded to the persons whose claims were allowed, and that in the proportion considered fair by the Tribunal.

The decisions of the Tribunal shall be communicated by the Tribunal to the Governments concerned, and in all cases to the Government of Norway.

The Government of Norway, within three months of receiving a decision, will take the necessary measures to confer on the claimants, whose claims have been accepted by the Tribunal, valid titles in accordance with the laws And regulations, which are or will be in force in the regions referred to in Article 1 of this Treaty, and subject to the mining regulations, referred to in Article 8 of the said Treaty. However, the titles will only become final when the applicant has paid its share of the costs of the Court of First Instance, in such a reasonable time as the Norwegian Government may fix.

§ 3

Any complaint that has not been notified to the Commissioner in accordance with para. 1 of par. 1 or which, having not been admitted by it, has not been submitted to the Court of First Instance in accordance with subs. 2, shall be considered permanently extinct.


Scope of application 1 Er April 2015 1

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Current Warehousing

Afghanistan

23 November

1925 A

23 November

1925

South Africa

29 December

1923

August 14

1925

Albania

29 April

1930 A

29 April

1930

Germany

16 November

1925 A

16 November

1925

Saudi Arabia

August 14

1925 A

August 14

1925

Argentina

6 May

1927 A

6 May

1927

Australia

29 December

1923

August 14

1925

Austria

12 March

1930 A

12 March

1930

Belgium

27 May

1925 A

August 14

1925

Bulgaria

20 October

1925 A

20 October

1925

Canada

29 December

1923

August 14

1925

Chile

17 December

1928 A

17 December

1928

China

1 Er July

1925 A

August 14

1925

Korea (South)

7 September

2012 A

7 September

2012

Denmark

24 January

1924

August 14

1925

Egypt

13 September

1925 A

13 September

1925

Spain

12 November

1925 A

12 November

1925

Estonia

7 April

1930 A

7 April

1930

United States

2 April

1924

August 14

1925

Finland

August 12

1925 A

August 14

1925

France

September 6

1924

August 14

1925

Greece

21 October

1925 A

21 October

1925

Hungary

29 October

1927 A

29 October

1927

India

29 December

1923

August 14

1925

Ireland

29 December

1923

August 14

1925

Iceland

May 31

1994

May 31

1994

Italy

August 6

1924

August 14

1925

Japan

2 April

1925

August 14

1925

Lithuania

17 January

2013 A

17 January

2013

Monaco

22 June

1925 A

August 14

1925

Norway

8 October

1924

August 14

1925

New Zealand

29 December

1923

August 14

1925

Netherlands

3 September

1920

August 14

1925

Poland

2 September

1931 A

2 September

1931

Portugal

24 October

1927 A

24 October

1927

Dominican Republic

3 February

1927 A

3 February

1927

Czech Republic

21 June

2006 S

1 Er January

1993

Romania

10 July

1925 A

August 14

1925

United Kingdom

29 December

1923

August 14

1925

Russia

27 January

1992 S

21 December

1991

Sweden

September 15

1924

August 14

1925

Switzerland

30 June

1925 A

August 14

1925

Venezuela

February 8

1928 A

February 8

1928


RS 11 674


1 RO 1974 1826, 1977 1295, 2001 264, 2010 2257, 2015 1069. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


State 1 Er April 2015