The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism
The goal of this thesis was to present and analyze the international and national regimes governing marine environmental protection and tourism in the waters of Svalbard. Three questions where addressed: 1) What international and national legislation is applicable to Svalbard with regard to marine e...
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UiT Norges arktiske universitet
2016
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ftunivtroemsoe:oai:munin.uit.no:10037/12491 2023-05-15T14:59:07+02:00 The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism Skrøland, Henriette Nicolaysen 2016-08-25 https://hdl.handle.net/10037/12491 eng eng UiT Norges arktiske universitet UiT The Arctic University of Norway https://hdl.handle.net/10037/12491 openAccess Copyright 2016 The Author(s) law of the sea Svalbard VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 JUR-3910 Master thesis Mastergradsoppgave 2016 ftunivtroemsoe 2021-06-25T17:55:53Z The goal of this thesis was to present and analyze the international and national regimes governing marine environmental protection and tourism in the waters of Svalbard. Three questions where addressed: 1) What international and national legislation is applicable to Svalbard with regard to marine environmental protection and tourism? 2) What international and national legislation is applicable to ship-based pollution in the waters of Svalbard? and 3) Does Norway have enforcement jurisdiction in the case of tourism activities and ship-based pollution in the waters of Svalbard? There is a complex legal regime in place in the Arctic and Svalbard. On the international level, the LOSC, the IMO instruments SOLAS and MARPOL 73/78 and the London Convention are the main conventions and organizations that gives the framework and jurisdiction related to ship-based pollution on Svalbard. The WWF International Arctic Programme has also been central in the research and discussion related to cruise tourism in Svalbard, as it has done research and gives a great overview over cruise tourism in the Arctic. There is some controversy regarding the applicability of the Svalbard Treaty in the Continental Shelf and the FPZ. Until this issue is solved, there will be some challenges associated with legislation and enforcement. If some of the ships flying the flag of another state do not agree with Norway’s enforcement jurisdiction and competence to implement regulations in the waters of Svalbard, conflicts can arise. Furthermore, as interests in oil, gas and tourism increases, the more controversy there are in these areas, the chances of conflicts will likely increase as well. At the national level, there are several laws and regulations that deals with marine environmental protection and tourism in Svalbard. Among these are the Svalbard Treaty, the Svalbard Act, SEPA and the regulations relating to tourism, field operations and other travel. These laws and regulations contains important provisions to protect one of the last wilderness areas. Norway has also adopted international regulations such as MARPOL 73/78 Annexes and made them national laws. When it comes to marine environmental protection, the SEPA is central, while the regulations relating to tourism, field operations and other travel are central when it comes to tourism. Master Thesis Arctic Law of the Sea Svalbard University of Tromsø: Munin Open Research Archive Arctic Norway Svalbard |
institution |
Open Polar |
collection |
University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
topic |
law of the sea Svalbard VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 JUR-3910 |
spellingShingle |
law of the sea Svalbard VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 JUR-3910 Skrøland, Henriette Nicolaysen The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
topic_facet |
law of the sea Svalbard VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340 VDP::Social science: 200::Law: 340 JUR-3910 |
description |
The goal of this thesis was to present and analyze the international and national regimes governing marine environmental protection and tourism in the waters of Svalbard. Three questions where addressed: 1) What international and national legislation is applicable to Svalbard with regard to marine environmental protection and tourism? 2) What international and national legislation is applicable to ship-based pollution in the waters of Svalbard? and 3) Does Norway have enforcement jurisdiction in the case of tourism activities and ship-based pollution in the waters of Svalbard? There is a complex legal regime in place in the Arctic and Svalbard. On the international level, the LOSC, the IMO instruments SOLAS and MARPOL 73/78 and the London Convention are the main conventions and organizations that gives the framework and jurisdiction related to ship-based pollution on Svalbard. The WWF International Arctic Programme has also been central in the research and discussion related to cruise tourism in Svalbard, as it has done research and gives a great overview over cruise tourism in the Arctic. There is some controversy regarding the applicability of the Svalbard Treaty in the Continental Shelf and the FPZ. Until this issue is solved, there will be some challenges associated with legislation and enforcement. If some of the ships flying the flag of another state do not agree with Norway’s enforcement jurisdiction and competence to implement regulations in the waters of Svalbard, conflicts can arise. Furthermore, as interests in oil, gas and tourism increases, the more controversy there are in these areas, the chances of conflicts will likely increase as well. At the national level, there are several laws and regulations that deals with marine environmental protection and tourism in Svalbard. Among these are the Svalbard Treaty, the Svalbard Act, SEPA and the regulations relating to tourism, field operations and other travel. These laws and regulations contains important provisions to protect one of the last wilderness areas. Norway has also adopted international regulations such as MARPOL 73/78 Annexes and made them national laws. When it comes to marine environmental protection, the SEPA is central, while the regulations relating to tourism, field operations and other travel are central when it comes to tourism. |
format |
Master Thesis |
author |
Skrøland, Henriette Nicolaysen |
author_facet |
Skrøland, Henriette Nicolaysen |
author_sort |
Skrøland, Henriette Nicolaysen |
title |
The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
title_short |
The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
title_full |
The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
title_fullStr |
The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
title_full_unstemmed |
The Marine Protection Regime in Svalbard’s maritime zones with regard to Cruise Tourism |
title_sort |
marine protection regime in svalbard’s maritime zones with regard to cruise tourism |
publisher |
UiT Norges arktiske universitet |
publishDate |
2016 |
url |
https://hdl.handle.net/10037/12491 |
geographic |
Arctic Norway Svalbard |
geographic_facet |
Arctic Norway Svalbard |
genre |
Arctic Law of the Sea Svalbard |
genre_facet |
Arctic Law of the Sea Svalbard |
op_relation |
https://hdl.handle.net/10037/12491 |
op_rights |
openAccess Copyright 2016 The Author(s) |
_version_ |
1766331259736293376 |