Will Russia Bring an End to the 2010 Barents Sea Treaty?
Boundary between Exclusive Economic Zones of Russia and Norway might be disputed again, if Moscow continues to reject progress made in international law
In 2010, Russia and Norway ended decades of negotiation by concluding an agreement on the boundary between their respective exclusive economic zones in the Barents Sea, officially named the Treaty between the Kingdom of Norway and the Russian Federation concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean. At that time, it was thought that this deal would remove the last risk of cross-border conflict in the Arctic. This assumption was reasonable because the only conflict over sovereignty in the Arctic was that between Canada and Denmark (acting on behalf of Greenland). The two NATO members disagreed on the matter of sovereignty over Hans Island, known locally as Tartupaluk. In recent years, the whole ‘dispute’ over the tiny rock island that had seemingly been forgotten when the boundary was marked half a century ago had become a running gag, with representatives of both nations putting up their respective flags every now and then and leaving a present (commonly in alcoholic form) for the next representatives of the other country who would repeat the procedure. Earlier this year, Canada and Denmark concluded an agreement regarding the boundary on Tartupaluk. This makes it more difficult to find an excuse to travel up north and have a drink, but it had a serious background because Canada and Denmark used this to show unity in the face of Russian aggression. The agreements between Russia and Norway and between Canada and Denmark mean that, apart from pending competing submissions to the Commission on the Limits of the Continental Shelf, there are no more real boundary disputes in the Arctic.
This might change soon because Russia is looking to stir up trouble for the West in as many ways as possible. For example, did Russia cause an artificial problem by attempting to ship some goods destined for Svalbard, to which Russia has direct maritime access as a party to the Svalbard Treaty over land through Norway, possibly in an attempt to weaken Western unity. The transit of goods through Norway, even though the goods could have been brought to Svalbard directly by ship from Russia, created a precedent for exceptions just days after Lithuania announced that it is implementing European Union rules on the transit by rail of goods between mainland Russia and Kaliningrad. Around the same time, the idea that Russia might cancel the Barents Sea Treaty with Norway was floated by Russia. Whether Moscow will really step away from this deal remains to be seen, but the benefits for Russia would be limited. If anything, such a manoeuvre would serve to increase tensions between Russia and the West. This effect is the main reason why it has to be assumed that it cannot be excluded that Moscow will abandon the agreement. Russia aims to cause more problems for the West, for example by worsening situations in places such as Syria, be it through targeted bombardments of civilian locations, including hospitals, or the veto against the continuation of the United Nations aid programme for Syria, with the aim of increasing the number of refugees who are heading to Europe.
The conclusion of the Barents Sea Agreement between Russia and Norway was an important step for international Arctic governance - it now seems possible that it will be brought to a needless end that will only feed Moscow’s desire to disrupt the international legal order that has been built over generations.
About the author
Prof. Dr. Stefan Kirchner is working at the intersection of international environmental law, human rights, and the law of the sea. In addition to practising law, he has taught international law at universities in Germany, Finland, Italy, Lithuania, Ukraine, and Greenland. His most recent books include “Security and Technology in Arctic Governance” (ed., 2022), “Governing the Crisis: Law, Human Rights and COVID-19” (ed., 2021) and “El Ártico y su gente - Ensayos de derecho internacional” (2020), and “The Baltic Sea and the Law of the Sea - Finnish Perspectives” (with T. Koivurova, H. Ringbom and P. Kleemola-Juntunen, 2019). This text only reflects his personal opinion.