2.1 Introductory remarks
The maritime spaces of the World Ocean are conventionally divided into three classifications: maritime zones that are considered an inherent component of the Coastal State territory and fall under their sovereignty (internal waters and territorial sea), maritime zones that are not part of the Coastal State territory but are under their jurisdiction (contiguous zone, EEZ), and maritime zones that are not under the sovereignty or jurisdiction of any state (high seas).(1) Brian J. Van Pay, "National Maritime Claims In The Arctic," in Changes in the Arctic Environment and the Law of the Sea (Leiden, The Netherlands: Brill | Nijhoff, 2010), pp. 62-65, accessed September 25, 2023, https://doi-org.ezproxy.uio.no/10.1163/ej.9789004177567.i-594.17.
The classification of maritime zones as established by UNCLOS does not include any exceptions for specific regions, including the Arctic.(2) Erik J. Molenaar, "The Arctic, the Arctic Council, and the Law of the Sea," in Governance of Arctic Shipping (Leiden, The Netherlands: Brill | Nijhoff, 2017), pp. 25, 34-35, accessed September 28, 2023, https://doi-org.ezproxy.uio.no/10.1163/9789004339385_003. The Arctic Ocean encompasses various categories of maritime spaces, and as such, the Arctic Coastal States hold a substantial role in the regulation of shipping activities within this region.(3) Marc Jacobsen and Jeppe Strandsbjerg, “Desecuritization As Displacement of Controversy: Geopolitics, Law and Sovereign Rights in the Arctic,” Politik 20 (3) (2017): pp. 15-16, 22-23, accessed October 2, 2023, https://doi.org/10.7146/politik.v20i3.97151. However, these states do not possess a complete monopoly or exclusive rights over the entirety of the Arctic, as non-Arctic states also possess rights and responsibilities there.(4) Ilulissat Declaration (2008). Arctic Ocean Conference, Ilulissat, Grønland. 27-29 May, available on: https://arcticportal.org/images/stories/pdf/Ilulissat-declaration.pdf. Accessed October 3, 2023.
For this purpose, UNCLOS aims to establish a delicate equilibrium between the two fundamental principles of maritime law: navigational rights and freedoms and the jurisdiction of Coastal States.(5) Robert Beckman, "UNCLOS Dispute Settlement Regime and Arctic Legal Issues," in Challenges of the Changing Arctic (Leiden, The Netherlands: Brill | Nijhoff, 2016), pp. 583-586, accessed September 30, 2023, https://doi-org.ezproxy.uio.no/10.1163/9789004314252_026. However, as will be apparent in the subsequent sections, the establishment of this equilibrium in the Arctic is not as robust as it is in other geographical areas. The issue concerning the jurisdictional boundaries of Coastal States and their potential impact on the infringement of navigational rights and freedoms of other States has been a topic of increasing interest.