The Law of the Sea and the High North

The Convention establishes that all coastal States have exclusive rights over their continental shelf. At the same time they have a duty to protect and preserve the marine environment.

Coastal States automatically, i.e., without having to present any documentation, have a continental shelf extending to an outer limit of 200 nautical miles (377 km) unless it overlaps with that of a neighbouring State and there is thus a need for a delimitation line. In many cases, however, States have continental shelves that extend even further. In such cases the Convention requires that the coastal State submit documentation to the Commission on the Limits of the Continental Shelf (CLCS). For more information, read the article Continental shelf – questions and answers.

Coastal States involved in the exploitation of resources on the continental shelf beyond 200 nautical miles will have a duty to make payments or contributions in kind, which primarily should benefit developing countries.

Areas beyond the continental shelf are part of the international seabed area (the Area), which is the common heritage of mankind. The exploration and exploitation of mineral resources in the Area is regulated by the International Seabed Authority (ISA).

The Arctic Ocean is bordered by five coastal States, four of which are party to the UN Convention on the Law of the Sea (date of ratification in parentheses): Norway (1996), Russia (1997), Canada (2003) and Denmark (2004). The USA has not yet ratified the Convention.

Norway, Russia, Canada and Denmark have made continental shelf submissions to the CLCS in regard to the Arctic Ocean. Both Norway and Russia have received recommendations from the Commission.

As any other coastal State, the US has a continental shelf over which it exercises sovereign rights. In 2023, the US made public information on its continental shelf beyond 200 nautical miles in seven areas, including in the Arctic Ocean. This was based on the UN Convention on the Law of the Sea and recommendations from the CLCS.

The Commission cannot intervene in or deal with questions concerning maritime delimitation between two States in cases where there is a continuous continental shelf between them. Norwegian authorities do not take a position on maritime delimitation issues that concern other states.

The Agreement of 2023 under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) also applies to the Arctic Ocean.