Overview
Occupy North is comprised of a series of provocative occupations of seven Arctic territories. Taking place in 2015 during The Arctic Cirle Residency, the work is inspired by current and future political-economical tensions around the appropriation of Arctic territories opening a debate on present international law practice, colonialism and ownership of international waters, air and space.
A debate that brings forth the urgency of preserving our natural heritage as a fundamental prerogative of life (1).
As the title suggests, the project aims to successfully complete both a physical and a legal occupation of such territories, navigating the intricacies of legal frameworks such the international law of the sea and the Svalbard treaty
The international territory of Svalbard is governed by the laws of international waters (2) yet, at the same time, it exists under a Norwegian protectorate, and vulnerable to the speculation of the nations part of the Svalbard Treaty (3). Italy happens to be one of those nations. Theoretically, nations signatory of the treaty - and, therefore, the private entities that are form these countries - have access and the right to occupy such territory to exploit its natural resources.
As melting of the ice caps accelerate due to climate change, tension and economical interest have intensify in this region with neighbor nations seeking to extend their sovereignty over the Arctic by an intricate dance of disputes with both neighbor nations and the United Nations. A political battle fought through legal, physical and diplomatic actions, which over the years has created an endless trail of treaties, revisions and diplomatic declarations. The tactics in battle have provided a blue print for new “legal” framework of colonization and occupation practice (4) of international territory that has racking havoc around the world creating tensions between nations fighting over fishing right, mining right pushing and military expiation.
This tug of war was ironically called "the war of flags" (5), referring to the custom of planting flags in the Arctic territories (and their sea bed) (6) by the neighbor nation in the attempt to expend their seventy and gain control over arctic resources and transportation routes.
Mocking this "flag war", I decided to join this race to the North Pole, using the same legal, diplomatic, and institutional framework used in current disunites between the neighbor country, signatory of the Svalbard Treaty and the UN. Using my land-art artwork as a means of occupation, claiming that territory where the art work exist is the natural resource and the scenario of a commercial venture. The product of such venture is the creation, reproduction and the trade, in financial terms, of and art work also quantifiable commercial venture. in fact, as a Land Art Project, its surroundings, its physical form and the reproduction of its image unquestionably exploits the natural resources of the territory, in this case, the majesty of Arctic landscape.
As a provocation, "Occupy North" hopes to question our legal and social (7) conventions. These are conventions which, in the Western world, are rooted in Roman law, and in a culture which has made colonization its political strength and its economic success. Later, through a tradition of military conquest and abuse, these conventions found fertile ground in the rest of the world (8).
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On the eve of a new space exploration race, the question worth asking today is: Are we willing to drag these conventions to the moon (9), to the asteroids and to Mars?
In December 2020, China landed on the moon (10), the first landing since Apollo 17 - the last US mission - which dates back nearly 50 years. On the legal and cultural level, China's space conquest was perceived by the US as an affront to its sovereignty over the moon (11), especially in light of public statements a few years ago that it wanted to build a U.S. lunar base in a not too distant future.
To date, both nations claim to "use" the moon in the name of scientific exploration and research, as an "obvious benefit to humanity."
However, the use of occupation in the name of scientific exploration is one of the most used strategies in the history of colonialism, one of the consequences of with is the Europeanization of anthropological, scientific and astronomical (12) language it self leading in profound pro colonialism definition of science and culture.
In this way, silently, we continue to apply those principles and colonialist attitudes and practices of exploitation with the same myopia and arrogance as in previous (13) millennia. These are "partisan" concepts, or rather privileges, so customary and entrenched in our culture that they are invisible, impossible to deconstruct. Bad habits (14) hidden in words, points, and commas of what legally defines what is legal, permitted, or even the norm.
Occupy North is a window to the history of human civilization. The project offers a basis for reflection on the past, and on a new sensibility that one hopes will become the ethical, social, and legal basis of the world to come (. The foundations on which to build the future of international legislation, exploration, and the colonization of space.(15-16-17-18-19)
Footnotes
1) Our Relationship with Water- Ted Radio Hour: TED speakers explore ideas around our relationship with water. Guests on the show includes legal scholar Kelsey Leonard, LaToya Ruby Frazier, and community organizer Colette Pichon Battle.
https://www.npr.org/2021/01/28/961674860/listen-again-our-relationship-with-water
2) Mare Liberum - Ugo Grozio - 1609: The legislative principles underlying the navigation laws and the laws of international waters are often due to the dissertation of Ugo Grozio "Mare Liberum". Here, the sea or the ocean, is defined as "immense, infinite, part of all things, combined with heaven." This nature precludes its ownership, because the sea "cannot be contained or closed, and rather possesses rather than allow itself to be possessed." This makes the sea by definition the heritage of all for commercial use (navigation, fishing, etc.). A right called "primary", so "every people is allowed to go to any other people and trade with them." A right which, if excluded, would lead to the misappropriation of the right to use a common good and hence cause for a "just war".
On this philosophical basis, colonial expansion was based, defining the right of use and free trade as the right of ‘every Christian’, because ‘God speaks through nature’, not wanting ‘every place to produce everything necessary for life’ to ‘promote friendship between men through mutual scarcity and abundance, fearing that someone, believing in self-sufficiency, he did not become unsociable for this."
3) Svalbard Treaty: https://en.wikipedia.org/wiki/Svalbard_Treaty
4) Is China taking over the South Pacific?: https://www.youtube.com/watch?v=3NF3y1ouJ64
Chinese fleet raises fears for Galápagos sea life:
https://www.theguardian.com/environment/2020/aug/06/chinese-fleet-fishing-galapagos-islands-environment
South China Sea dispute: Huge Chinese 'fishing fleet' alarms Philippines: https://www.bbc.com/news/world-asia-56474847
Why is China Building Artificial Islands?
https://foreignpolicyblogs.com/2014/06/23/why-is-china-building-artificial-islands/
5) Territorial claims in the Arctic: https://en.wikipedia.org/wiki/Territorial_claims_in_the_Arctic
Countries in tug-of-war over Arctic resources: http://www.cnn.com/2009/TECH/science/01/02/arctic.rights.dispute/index.html
Frozen conflict: https://www.economist.com/international/2014/12/17/frozen-conflict
How Russia is fortifying the Arctic: http://theweek.com/articles/614075/how-russia-fortifying-arctic
Hans Island: https://en.wikipedia.org/wiki/Hans_Island
6) The International Law of the Sea - Donald R. Rothwell and Tim Stephens - 2016: If a nation succeeds, through engineering and technology, in expanding to an international territory, it could become "property" of this territory. The rapid progress in employment and the use of international territories means that case law and research around international law are fast and aggressive. This development will not only define the future of freedom, exploration, use and trade at sea and in space.
7) Examples of practices at the intersection of art, activism and legal theory:
The NSK state: https://passport.nsk.si/en/about_us
Pirate radio in the United Kingdom: https://en.wikipedia.org/wiki/Pirate_radio_in_the_United_Kingdom
Principality of Sealand: https://en.wikipedia.org/wiki/Principality_of_Sealand
Esperantist Republic of the Rose Islands: https://en.wikipedia.org/wiki/Republic_of_Rose_Island
8) Jeremiah Heaton self-proclaimed himself as king South Sudan to make his daughter a Princess: https://www.telegraph.co.uk/travel/news/Man-founds-a-country-so-he-can-make-his-daughter-a-princess
9) The moon still no one's territory, legally defined as the heritage of all, for common use, like international waters. Moon Treaty:
https://en.wikipedia.org/wiki/Moon_Treaty
10) Bringing Space Law Into the 21st century - Donald R. Rothwell - 2021: https://www.realcleardefense.com/articles/2020/12/15/bringing_space_law_into_the_21st_century_653203.html
11) Does a U.S. Flag on the Moon Amount to a Claim of Soverruntime Under Law? -Donald R. Rothwell & Imogen Saunders - 2019: https://www.realcleardefense.com/articles/2019/07/26/does_a_us_flag_on_the_moon_amount_to_a_claim_of_sovereignty_under_law_114611.html
12) Indigenous astronomies and "astro-colonialism" - Zoe Tennant - CBC Radio Canada 2021: https://www.cbc.ca/radio/unreserved/we-come-from-the-stars-indigenous-astronomy-astronauts-and-star-stories-1.5861762/indigenous-astronomies-and-astro-colonialism-1.5865387?__vfz=medium%3Dsharebar
13) Examples of Neo - colonialism: Jeremiah Heaton self-proclaimed himself as king South Sudan to make his daughter a Princess: https://www.telegraph.co.uk/travel/news/Man-founds-a-country-so-he-can-make-his-daughter-a-princess
14) Mare Liberum - Ugo Grozio - 1609: ‘The last defense of injustice is usually the use of prescription or custom’
15) Our Relationship with Water- Ted Radio Hour: TED speakers explore ideas around restoring our relationship with water. Guests on the show include legal scholar Kelsey Leonard, artist LaToya Ruby Frazier, and community organizer Colette Pichon Battle.
https://www.npr.org/2021/01/28/961674860/listen-again-our-relationship-with-water
16) Kids suing governments about climate is a growing trend – National Geographic - 2020: https://www.nationalgeographic.com/environment/2019/06/kids-suing-governments-about-climate-growing-trend
17) Why lakes and rivers should have the same rights as humans - Kelsey Leonard – TED 2020: https://www.youtube.com/watch?v=opdCfb8cCFw
18) How a River Was Granted Personhood – David Freid -The Atlantic: https://www.theatlantic.com/video/index/587689/river-me/
19) New Zealand river granted same legal rights as human being - Eleanor Ainge Roy - The Guardian 2017: https://www.theguardian.com/world/2017/mar/16/new-zealand-river-granted-same-legal-rights-as-human-being
