ARCTIC, LEGAL STATUS OF
Establishment of territorial sovereignty over portions of the Arctic and its seabed has become increasingly attractive to many nations for military purposes or as a source of minerals. Under INTERNATIONAL LAW, national claims of sovereignty over the Arctic traditionally were recognized only if accompanied by physical occupation. Consequently, two competing theories developed: (1) that no nation could achieve sovereignty over the Arctic (res nullius) and (2) that every nation shared in undivided sovereignty over the area (res communes). According to international law sovereignty is considered to
be a derivative of the exercise of government functions and of notoriety over new territory.
Therefore, national claims of sovereignty over
portions of the Arctic that are supported by such
governmental activity have become more plausi-
ble. Many such claims have rested on the sector
principle, a version of the doctrine of contiguity,
to define the area included in the claim. The sec-
tor principle traces longitudinal parallels from
borders of countries adjacent to the Arctic Cir-
cle to the North Pole, assigning the sectors so
formed to the neighboring nations. Claims rest-
ing solely on the sector principle have been
denied legal force by many nations, including
the United States, and it appears that only those
claims of sovereignty accompanied by govern-
ment control may be eventually accepted under
international law.
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