Judgment to be handed down in the Svalbard case

Parties

SIA North STAR Ltd.
(Counsel Hallvard Østgård and Mads Andenæs)
(Assisting counsel Brynjar Østgård)

The State represented by the Ministry of Trade, Industry and Fisheries (The Office of the Attorney General represented by Fredrik Sejersted)
(Assisting counsel Marius Kjelstrup Emberland)  

Subject matter

In 2019, the Latvian shipping company SIA North STAR Ltd.'s application for a licence to catch snow crab on the Norwegian continental shelf was rejected. The company wished to catch snow crab from its vessels Senator, Solvita and Saldus, but its application was rejected first by the Directorate of Fisheries and then by the Ministry of Trade, Industry and Fisheries as the appellate body. The practical implication of the Norwegian regulations is that only Norwegian vessels may catch snow crab on the continental shelf.

The issue for the Supreme Court to consider is the validity of the rejection by the Ministry of Trade, Industry and Fisheries. The central question is whether the rejection and the Snow Crab Regulations are incompatible with the Svalbard Treaty.

The Svalbard Treaty was signed on 9 February 1920 and entered into force on 14 August 1925. The High Contracting Parties recognised Norway's «full and absolute sovereignty» over the Archipelago of Spitsbergen subject to the terms of the Treaty. The terms at issue are found in Articles 2 and 3 – particularly in Article 2 regulating, among other things, the High Contracting Parties' rights of fishing.

SIA North STAR Ltd., the appellant in the Supreme Court, contends that the Svalbard Treaty is applicable also on Svalbard's continental shelf, and that the rejection therefore violates the equality principle in the Svalbard Treaty.

The Supreme Court sitting in plenary session or as a grand chamber

Cases of particular importance may be heard by a grand chamber composed of eleven justices, if it raises issues of conflict between ordinary legislation and the Constitution or treaties by which Norway is bound through international cooperation. In extraordinary cases, the case may be referred to the plenary, composed of all justices in the Supreme Court who are not disqualified or absent. Currently, there are 20 justices in the Supreme Court including the Chief Justice. The number of justices voting in the case will be the highest possible uneven number.  

Live streaming

The handing down of the judgment will be live streamed from the Supreme Court's website www.hoyesterett.no. We will also be sharing photos from the courtroom on www.flickr.com/photos/hoyesterett/. The photos may be freely used with accreditation.

For the press

The session will be open to the public, and there are no restrictions on filming or photographing, as long as this does not disturb the proceedings. To ensure smooth proceedings, press that wishes to attend is asked to contact info@hoyesterett.no within Friday 17 March at 15:00. 

Contact

E-mail: info@hoyesterett.no
Rizwana Yedicam, information clerk, tel 45 21 72 36
Ida Dahl Nilssen, Head of Information, tel 96 23 72 76