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| FNI PROJECTS Norwegian Maritime Boundaries and the Rule of International Law The main objectives of this PhD project are to evaluate boundary delimitations of Norway so far and the relationship between the Norwegian practice and the law of the sea, and to provide a conceptual framework for Norwegian maritime delimitations pending a final solution. The delimitation of maritime boundaries and drawing of maritime limits are among the major issues of the law of the sea. This is so not least due to the extension of coastal State jurisdiction brought about by the United Nations Convention on the Law of the Sea. Inception of legal concepts such as exclusive economic zones and continental shelves is probably the largest distribution of newly accessible areas in history and new maritime zones have changed the identity of many coastal States, by their size, and by the fact that vast maritime areas previously belonging to the "freedom of the high seas" are now subject to several resource-orientated regimes of coastal State jurisdiction. Norway's maritime delimitations with neighboring States thus provides an interesting factual background for analyzing the extent international law so far has facilitated coastal States in presenting their claims on the location of maritime boundaries. The coastal zones of Norway overlap with that of 7 other States, Greenland and the Faroe Islands included. In all cases – with the exception of the Barents Sea – Norwegian maritime zones have been subject to delimitation. It is a reasonable presumption that the law of the sea has been an important factor in this respect, applied in the arts of negotiation, drafting, counseling and judicial decision-making. It may be assumed, for instance, that the law of the sea has given weight to the nature and direction of arguments and that the framework of rules, principles, practices and lines of argument has had precedential value in the process of Norwegian maritime boundary making. Against this backdrop, the subject and purpose of this research project is twofold. First, to evaluate boundary delimitations of Norway so far and the relationship between the Norwegian practice and the law of the sea. Second, on the basis of this practice, and in the light of the development of the law of the sea, to provide a clear and considered conceptual framework for Norwegian maritime delimitations pending a final solution. The legal examination, which involves the whole spectrum of maritime boundary delimitation issues, is placed in its proper political context: Increased international attention towards Norway's maritime areas entails a focus on the law of maritime boundary delimitation. Project team: Davor Vidas (Project Leader) Øystein Jensen (PhD student) Project period: 2009-2012 Publications: Jensen, Øystein, 'Law of the Sea: Protection and Preservation of the Marine Environment'. In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 69-83. Jensen, Øystein, 'Kampen om Nordpolen' ('Continental Shelf Claims and the North Pole'), Aftenposten, 31.05.2011. In Norwegian. Jensen, Øystein, 'Current Legal Developments, The Barents Sea: Treaty between Norway and the Russian Federation concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean'. International Journal of Marine and Coastal Law, Vol 26, No 1, 2011, pp. 151-168. Jensen, Øystein, Norway's Outer Continental Shelf Limits in the Arctic. Security Brief 4-2010. Oslo, The Norwegian Atlantic Committe, 4 p. Jensen, Øystein and Svein Vigeland Rottem, International Law and Security Policy Perspectives in Norway's Northern Sea Areas. Security Brief 3-2010. Oslo, The Norwegian Atlantic Committe, 4 p. Jensen, Øystein, 'Grensesprengende - og uklart' ('Pathbreaking - and Unclear'), Dagens Næringsliv, 30.04.2010. In Norwegian. Jensen, Leif Christian, Øystein Jensen and Svein Vigeland Rottem, 'Sitting on Top of the World: The Arctic Seen through Norwegian Lenses'. In Viviane du Castel (ed), Le Grand Nord: Un nouvel enjeu trés courtisé. L'exemple de la mer de Barents, Norvége. Paris, L'Harmattan, 2010, pp. 19-30. Jensen, Øystein, 'Towards Setting the Outer Limits of the Continental Shelf in the Arctic: On the Norwegian Submission and Recommendations of the Commission'. In Davor Vidas (ed), Law, Technology and Science for Oceans in Globalisation – IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf. Leiden/Boston, Martinus Nijhoff Publishers, 2010, pp. 519-538. Jensen, Øystein and Svein Vigeland Rottem. 'The Politics of Security and International Law in Norway's Arctic Waters'. Polar Record, Vol 46, 2010, pp. 75-83. Jensen, Øystein, 'Kontinentalsokkelkrav i Polhavet: alminnelig havrett eller folkerett sui generis?' ('Continental Shelf Claims in the Arctic Ocean: International Law Sui Generis?'). Lov og Rett, Vol 48, No 7, 2009, pp. 406-424. In Norwegian. Jensen, Øystein, 'Norge er ikke blitt større' ('Norway Has Not Become Larger'), Aftenposten, 23 April 2009. In Norwegian. Jensen, Øystein, 'Kontinentalsokkelens avgrensning utenfor 200 nautiske mil: Norske og russiske perspektiver i de nordlige havområder' ('Continental Shelf Delimitation Beyond 200 Nautical Miles: Norwegian and Russian Perspectives in the High North'). Internasjonal Politikk, Vol 66, No 4, 2008, pp. 563-589. In Norwegian. |
Top
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 Related focal points of
research:
Marine affairs and Law of the Sea Polar and
Russian politics |
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Project funding: Fridtjof Nansen
Institute |
| Recent relevant FNI News: - Delelinjeavtalen viktig for Norge og Arktis ('- Barents Sea Delimitation Agreement Important for Norway and the Arctic') In Norwegian (30.04.2010) No "Armed Mad Dash for Resources" Foreseen in the Arctic (17.12.09) |
Fridtjof Nansen Institute
P.O. Box 326, 1326 Lysaker, Norway. Tel: (+47) 67111900 / E-mail: post (+@fni.no)