Svalbard Act
Encyclopedia
The Svalbard Act of 17 July 1925 no. 11, normally referred to as the Svalbard Act ( or colloquially ), is a law of Norway which governs the major aspects of the Svalbard
archipelago. The law was passed by the Parliament of Norway on 17 July 1925, establishes Norwegian sovereignty
of the island, and states that Norwegian criminal law
, civil law
and procedure law are enforced on the island. Otherwise, other provisions and laws only apply when specified. The act further established the policy for administration, including creating the Governor of Svalbard
, and since 2002, Longyearbyen Community Council. The act also establishes rules for real estate and environmental protection.
The act was passed as a response to the Spitsbergen Treaty of 9 February 1920, which established Norwegian sovereignty of Svalbard, but limited the archipelago to a free economic zone
and demilitarized zone
. The act established the basis for a civilized society on the islands, which had previously been subject to lawlessness among mining companies, fishers and hunters.
The law has been amended several times, and consists of 6 chapters and 46 paragraphs. Chapter One (§§1–4) covers the relationship between Norway and Svalbard; Chapter Two (§§5–13) pertains to governance and courts; Chapter Three (§§14–21) concerns family law
; Chapter Four (§§22–28) governs property law; Chapter Five (§§29–44) establishes the Longyearbyen Community Council, and Chapter Six (§§45–46) consists of miscellaneous provisions. From 1 July 2002, the Svalbard Environmental Act of 15 June 2001 nr. 79 supplements the Svalbard Act, regulating all environmental aspects of the archipelago.
Svalbard
Svalbard is an archipelago in the Arctic, constituting the northernmost part of Norway. It is located north of mainland Europe, midway between mainland Norway and the North Pole. The group of islands range from 74° to 81° north latitude , and from 10° to 35° east longitude. Spitsbergen is the...
archipelago. The law was passed by the Parliament of Norway on 17 July 1925, establishes Norwegian sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
of the island, and states that Norwegian criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
and procedure law are enforced on the island. Otherwise, other provisions and laws only apply when specified. The act further established the policy for administration, including creating the Governor of Svalbard
Governor of Svalbard
The Governor of Svalbard represents the Norwegian government in exercising its sovereignty over the Svalbard archipelago .The position reports to the Norwegian Ministry of Justice, but it maintains all Norwegian interests in the area, including environmental protection, law enforcement,...
, and since 2002, Longyearbyen Community Council. The act also establishes rules for real estate and environmental protection.
The act was passed as a response to the Spitsbergen Treaty of 9 February 1920, which established Norwegian sovereignty of Svalbard, but limited the archipelago to a free economic zone
Free economic zone
Many countries have, or have had at some time, designated areas where companies are taxed very lightly or not at all to encourage development or for some other reason...
and demilitarized zone
Demilitarized zone
In military terms, a demilitarized zone is an area, usually the frontier or boundary between two or more military powers , where military activity is not permitted, usually by peace treaty, armistice, or other bilateral or multilateral agreement...
. The act established the basis for a civilized society on the islands, which had previously been subject to lawlessness among mining companies, fishers and hunters.
The law has been amended several times, and consists of 6 chapters and 46 paragraphs. Chapter One (§§1–4) covers the relationship between Norway and Svalbard; Chapter Two (§§5–13) pertains to governance and courts; Chapter Three (§§14–21) concerns family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
; Chapter Four (§§22–28) governs property law; Chapter Five (§§29–44) establishes the Longyearbyen Community Council, and Chapter Six (§§45–46) consists of miscellaneous provisions. From 1 July 2002, the Svalbard Environmental Act of 15 June 2001 nr. 79 supplements the Svalbard Act, regulating all environmental aspects of the archipelago.
External links
- Svalbard Act at LovdataLovdataLovdata is a foundation which publishes judicial information of Norway.It publishes the periodical Norsk Lovtidend, and Lov&Data and EuroRett, and hosts a website with free, public access to all Norwegian laws and other judicial documents, including court rulings. It was established on 1 July 1981...