International law in Arctic waters: Disputes over catching snow crab in Svalbard in the broader context of the exploration of natural resources

The importance of fisheries in the Arctic region is on the increase as climate change results in natural resources, both biological and non-biological, becoming more accessible. Catching snow crab, which is a non-native species in the Barents Sea, has contributed to an ongoing dispute between Norway, the European Union and some other states on the status of the waters surrounding the archipelago of Svalbard and fishing rights. Disagreements among the affected states over the management of the vast ocean areas surrounding Svalbard are mainly legally grounded in a dispute over the interpretation of the Svalbard Treaty (1920) and its interrelation with the United Nations Convention on the Law of the Sea (1982). A question at the heart of this dispute is the extent of the rights of states to manage natural resources, especially considering developments in the international law of the sea with innovative concepts such as exclusive economic zones and the continental shelfs. This chapter examines how both international treaties apply to these complicated issues, which are at the same time impacting Arctic governance as such. The chapter links challenges identified within this legal framework with the deeper impact on the fragile Arctic environment, including the Barents Sea’s benthic ecosystem. While the right to catch snow crab may be perceived as a relatively “minor issue”, it well illustrates the complexity of the governance of the Arctic marine environment. Disputes over catching snow crab serve as a precursor of broader challenges relating to the exploration and exploitation of both living (fisheries) and non-living (oil, gas, rare earth metals) natural resources. There are wider practical consequences since the outcome of the “snow crab dispute” affects the equal access to other, arguably more profitable natural resources, including the reserves of hydrocarbons in the same waters.