A Response to “The Politics of Research Presence in Svalbard” by Torbjørn Pedersen

Abstract

This essay responds to some aspects of the paper ‘The Politics of Research Presence in Svalbard’ by Torbjørn Pedersen that concern the interpretation and application of the Spitsbergen Treaty. Pedersen emphasises that his paper is not a legal paper, and that it touches only briefly on legal issues relating to Svalbard and the Spitsbergen Treaty. After a summary of the different interpretations of the geographical scope of the Spitsbergen Treaty that exist among scholars and contracting parties to the Treaty, the paper also very briefly covers the question as to whether the Spitsbergen Treaty recognises a right to engage in scientific research and who can exercise this right. As these two questions are directly relevant to the main concerns and conclusions on national posturing advanced in the paper, I felt that a more in-depth and balanced analysis was both warranted and desirable. In view of the length-limitations for essays such as these, it is not possible to also adequately cover the closely related questions on Norway’s jurisdiction over scientific research and the possible applicability of the prohibition of non-discrimination.