Property Theory

3 years ago

Hardly a day after a huge Arctic ice block broke apart, as a result of melting, to reveal a previously unknown island in the Arctic zone, Norway declared sovereignty over the island, as it had had a permanent patrol station on that part of the ice block for several decades. It also named the island “Nordstram”.

Russia disputes the Norwegian claim to the island, and contends that the Arctic Zone Agreement among Denmark, Norway, Finland, Iceland, Russia, Canada, and Sweden, declared all the areas of the Arctic Zone, including that covered by the melting ice block to belong to the Community of Arctic Zone nations, comprising all the states parties to the Agreement. Alternatively, Russia asserts that the island belongs to it as its scientists have conducted weather research at the location of the island for several decades.

(i). Discuss the nature of property claimed over the Nordstram Island in light
of the divergent positions of Norway and Russia.

(ii). As a legal officer in Norway’s Ministry of Foreign Affairs, write an
opinion outlining the theoretical justification for Norway’s claim of sovereignty over the island in light of the facts given above.

(iii). Canada feels threatened by the apparent emerging dispute between Norway and Russia. As a result, it wants to sell its interest in the Arctic Zone to the United States. In its view, the military might of the United States would deter any escalation of hostilities between Norway and Russia. Both Norway and Russia, however, insist that Canada’s interest, if at all, cannot be alienated.

In light of the Arctic Zone Agreement and the nature of property it created, examine the legal rationale for the objection by Norway and Russia