Delong Island,copper Island

[Holdyn]

Information is going around the internet that Obama has given away the Delong Island and Copper Island which are reportedly rich in oil to Putin. Could this be true? The islands appear to be well within Russia's meritime boundry.The articles I have read allege the islands belong to Alaska.

ANSWER: Geminga,

It is true that President Obama has to deal with this issue.  The truth is that Obama is choosing not to reclaim the islands instead of merely "giving them to Russia."  The origin of this issue actually began much earlier.  The USSR, now Russia has laid claim to islands in the Arctic Ocean and the Bearing Sea for decades.  In order to appease the USSR a maritime agreement was signed between the United States and the Union of Soviet Socialist Republics on June 1, 1990(see agreement below).  Both of the islands you mention fall within the USSR side of the maritime boundary.  The reason why the agreement is not yet ratified is that the USSR collapsed one year after the agreement was signed and the new Russian Federation has yet to do so.  Therefore as the Russians have not recognized the agreement it is not yet ratified.  To add further confusion to the issue is that our own State Department has declared that the U.S. does not have a legal claim to the islands.  As such the islands are in "limbo."          

Here is probably one of the most objective articles on the issue written in February of this year:

******************************************************   

Joe Miller reports for WorldNetDaily that Obama’s war against U.S. energy independence continues unabated this month with a foreign-aid program that directly threatens Alaska’s sovereign territory. The Obama administration is giving away seven strategic, resource-laden Alaskan islands to the Russians.

Miller should know because he is an Alaskan. More than that, this is the same Joe Miller who was the 2010 Republican nominee for the U.S. Senate from Alaska. A West Point graduate, decorated combat veteran from the first Gulf War, and former judge, Miller holds a law degree from Yale and an advanced economics degree from the University of Alaska.

Miller continues:

“The seven endangered islands in the Arctic Ocean and Bering Sea include one the size of Rhode Island and Delaware combined. The Russians are also to get the tens of thousands of square miles of oil-rich seabeds surrounding the islands. The Department of Interior estimates billions of barrels of oil are at stake.

The State Department has undertaken the giveaway in the guise of a maritime boundary agreement between Alaska and Siberia. Astoundingly, our federal government itself drew the line to put these seven Alaskan islands on the Russian side. But as an executive agreement, it could be reversed with the stroke of a pen by President Obama or Secretary Clinton.

The agreement was negotiated in total secrecy. The state of Alaska was not allowed to participate in the negotiations, nor was the public given any opportunity for comment. This is despite the fact the Alaska Legislature has passed resolutions of opposition – but the State Department doesn’t seem to care.

The imperiled Arctic Ocean islands include Wrangell, Bennett, Jeannette and Henrietta. Wrangell became American in 1881 with the landing of the U.S. Revenue Marine ship Thomas Corwin. The landing party included the famed naturalist John Muir. It is 3,000 square miles in size.

Northwest of Wrangell are the DeLong Islands, named for George Washington DeLong, the captain of USS Jeannette. Also in 1881, he discovered and claimed these three islands for the United States. He named them for the voyage co-sponsor, New York City newspaper publisher James Gordon Bennett. The ship’s crew received a hero’s welcome back in Washington, and Congress awarded them gold medals.

In the Bering Sea at the far west end of the Aleutian chain are Copper Island, Sea Lion Rock and Sea Otter Rock. They were ceded to the U.S. in Seward’s 1867 treaty with Russia.

Now is the time for the Obama administration to stand up for U.S. and Alaskan rights and invaluable resources. The State Department’s maritime agreement is a loser – it gives us nothing in return for giving up Alaska’s sovereign territory and invaluable resources. We won the Cold War and should start acting like it.

The Obama administration must stop the giveaway immediately.

[...] This is not a new issue. In fact the Bush and Clinton administrations are directly at fault for the same inaction. A maritime agreement negotiated by the U.S. State Department set the Russian boundary on the other side of the disputed islands, but no treaty has ratified this action. Consequently, it is within the president’s power to stop this giveaway. The Alaska delegation’s failure to put pressure on the administration is inexplicable. State Department Watch, an organization that assisted with this article, has confronted each administration and is currently confronting the Obama administration — and has been met by silence. I’m hoping this piece will help reinvigorate efforts to stop this handover.”

Here’s an addendum to Miller’s op-ed [Source]:

1. This giveaway of the 8 Alaskan islands via an agreement on maritime boundary between Alaska and Russia began in the Ford administration, spearheaded by Henry Kissinger.

2. Negotiations continued through the Carter, Reagan, and Bush Administrations with no public, Congressional, or State of Alaska’s input sought by the State Department.

3. An agreement was reached under George Bush the Elder’s administration in 1990, but it was an executive agreement, not a treaty(requiring the Senate’s approval) as it should be. Colin Powell was secretary of state.

4. In 1997, the Russian parliament(Duma) voted to void the agreement because they want even more concessions from the U.S. The Russian President hasn’t voided it, yet, and so secret negotiations between Russia and our State Department continue to this day.

******************************************************

DOALOS/OLA - UNITED NATIONS

Agreement between the United States of America and the Union of Soviet Socialist

Republics on the maritime boundary,

1 June 1990

The United States of America and the Union of Soviet Socialist Republics(hereinafter "the Parties"),

Recalling the United States-Russia Convention of March 18/30, 1867(hereinafter "the 1867 Convention"),

Desiring to resolve issues concerning the maritime boundary between the United States and the Soviet Union,

Desiring to ensure that coastal State jurisdiction is exercised in all maritime areas in which such jurisdiction could be

exercised for any purpose by either of the Parties, in accordance with international law, in the absence of a maritime boundary,

Have agreed as follows:

Article 1

1. The Parties agree that the line described as the "western limit" in article 1 of the 1867 Convention, as defined in article

2 of this Agreement, is the maritime boundary between the United States and the Soviet Union.

2. Each Party shall respect the maritime boundary as limiting the extent of its coastal State jurisdiction otherwise

permitted by international law for any purpose.

Article 2

1. From the initial point, 65° 30' N., 168° 58' 37" W., the maritime boundary extends north along the 168° 58' 37" W.

meridian through the Bering Strait and Chukchi Sea into the Arctic Ocean as far as permitted under international law.

2. From the same initial point, the maritime boundary extends southwestward and is defined by lines connecting the

geographic positions set forth in the Annex, which is an integral part of this Agreement.

3. All geographic positions are defined in the World Geodetic System 1984("WGS 84") and, except where noted, are

connected by geodetic lines.

Article 3

1. In any area east of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of

the territorial sea of the Soviet Union is measured but beyond 200 nautical miles of the baselines from which the breadth of the

territorial sea of the United States is measured("eastern special area"), the Soviet Union agrees that henceforth the United States

may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the Soviet Union would

otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime boundary.

2. In any area west of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of

the territorial sea of the United States is measured but beyond 200 nautical miles of the baselines from which the breadth of the

territorial sea of the Soviet Union is measured("western special area"), the United States agrees that henceforth the Soviet Union

may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the United States

would otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime

boundary.

3. To the extent that either Party exercises the sovereign rights or jurisdiction in the special area or areas on its side of the

maritime boundary as provided for in this article, such exercise of sovereign rights or jurisdiction derives from the agreement of

the Parties and does not constitute an extension of its exclusive economic zone. To this end, each Party shall take the necessary

steps to ensure that any exercise on its part of such rights or jurisdiction in the special area or areas on its side of the maritime

boundary shall be so characterized in its relevant laws, regulations, and charts.

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DOALOS/OLA - UNITED NATIONS

Article 4

The maritime boundary as defined in this Agreement shall not affect or prejudice in any manner either Party's position

with respect to the rules of international law relating to the law of the sea, including those concerned with the exercise of

sovereignty, sovereign rights or jurisdiction with respect to the waters or seabed and subsoil.

Article 5

For the purposes of this Agreement, "coastal State jurisdiction" refers to the sovereignty, sovereign rights, or any other

form of jurisdiction with respect to the waters or seabed and subsoil that may be exercised by a coastal State in accordance with

the international law of the sea.

Article 6

Any dispute concerning the interpretation or application of this Agreement shall be resolved by negotiation or other

peaceful means agreed by the Parties.

This Agreement shall be subject to ratification and shall enter into force on the date of exchange of instruments of

ratification.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed the present Agreement.

DONE at Washington, this first day of June, 1990, in duplicate, in the English and Russian languages, each text being

equally authentic.

ANNEX

The geographic positions set forth in this Annex are on the World Geodetic System 1984("WGS 84") and, except where

noted, are connected by geodetic lines. One nautical mile equals 1,852 meters.

The maritime boundary is defined as follows:

From the initial point, 65° 30' N., 168° 58' 37" W., the maritime boundary extends north along the 168° 58' 37" W.

meridian through the Bering Strait and Chukchi Sea into the Arctic Ocean as far as permitted under international law.

From the same initial point, the maritime boundary extends southwestward connecting the following geographic

positions:

2. 65° 19' 58" N., 169° 21' 38" W.

3. 65° 09' 51" N., 169° 44' 34" W.

4. 64° 59' 41" N., 170° 07' 23" W.

5. 64° 49' 26" N., 170° 30' 06" W.

6. 64° 39' 08" N., 170° 52' 43" W.

7. 64° 28' 46" N., 171° 15' 14" W.

8. 64° 18' 20" N., 171° 37' 40" W.

9. 64° 07' 50" N., 172° 00' 00" W.

10. 63° 59' 27" N., 172° 18' 39" W.

11. 63° 51' 01" N., 172° 37' 13" W.

12. 63° 42' 33" N., 172° 55' 42" W.

13. 63° 34' 01" N., 173° 14' 07" W.

14. 63° 25' 27" N., 173° 32' 27" W.

15. 63° 16' 50" N., 173° 50' 42" W.

16. 63° 08' 11" N., 174° 08' 52" W.

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DOALOS/OLA - UNITED NATIONS

17. 62° 59' 29" N., 174° 26' 58" W.

18. 62° 50' 44" N., 174° 44' 59" W.

19. 62° 41' 56" N., 175° 02' 56" W.

20. 62° 33' 06" N., 175° 20' 48" W.

21. 62° 24' 13" N., 175° 38' 36" W.

22. 62° 15' 17" N., 175° 56' 19" W.

23. 62° 06' 19" N., 176° 13' 59" W.

24. 61° 57' 18" N., 176° 31' 34" W.

25. 61° 48' 14" N., 176° 49' 04" W.

26. 61° 39' 08" N., 177° 06' 31" W.

27. 61° 29' 59" N., 177° 23' 53" W.

28. 61° 20' 47" N., 177° 41' 11" W.

29. 61° 11' 33" N., 177° 58' 26" W.

30. 61° 02' 17" N., 178° 15' 36" W.

31. 60° 52' 57" N., 178° 32' 42" W.

32. 60° 43' 35" N., 178° 49' 45" W.

33. 60° 34' 11" N., 179° 06' 44" W.

34. 60° 24' 44" N., 179° 23' 38" W.

35. 60° 15' 14" N., 179° 40' 30" W.

36. 60° 11' 39" N., 179° 46' 49" W.;

thence, it extends along an arc with a radius of 200 nautical miles and a center at 60° 38' 23" N.,

173° 06' 54" W. to

37. 59° 58' 22" N., 179° 40' 55" W.;

thence, it extends southwestward along the rhumb line, defined by the following points: 64° 05'

08" N., 172° 00' 00" W., 53° 43' 42" N., 170° 18' 31" E. to

38. 58° 57' 18" N., 178° 33' 59" E.;

thence, it extends along an arc with a radius of 200 nautical miles and a center at 62° 16' 09" N.,

179° 05' 34" E. to

39. 58° 58' 14" N., 178° 15' 05" E.

40. 58° 57' 58" N., 178° 14' 37" E.

41. 58° 48' 06" N., 177° 58' 14" E.

42. 58° 38' 12" N., 177° 41' 53" E.

43. 58° 28' 16" N., 177° 25' 34" E.

44. 58° 18' 17" N., 177° 09' 18" E.

45. 58° 08' 15" N., 176° 53' 04" E.

46. 57° 58' 11" N., 176° 36' 52" E.

47. 57° 48' 04" N., 176° 20' 43" E.

48. 57° 37' 54" N., 176° 04' 35" E.

49. 57° 27' 42" N., 175° 48' 31" E.

50. 57° 17' 28" N., 175° 32' 28" E.

51. 57° 07' 11" N., 175° 16' 27" E.

52. 56° 56' 51" N., 175° 00' 29" E.

53. 56° 46' 29" N., 174° 44' 32" E.

54. 56° 36' 04" N., 174° 28' 38" E.

55. 56° 25' 37" N., 174° 12' 46" E.

56. 56° 15' 07" N., 173° 56' 56" E.

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DOALOS/OLA - UNITED NATIONS

57. 56° 04' 34" N., 173° 41' 08" E.

58. 55° 53' 59" N., 173° 25' 22" E.

59. 55° 43' 22" N., 173° 09' 37" E.

60. 55° 32' 42" N., 172° 53' 55" E.

61. 55° 21' 59" N., 172° 38' 14" E.

62. 55° 11' 14" N., 172° 22' 36" E.

63. 55° 00' 26" N., 172° 06' 59" E.

64. 54° 49' 36" N., 171° 51' 24" E.

65. 54° 38' 43" N., 171° 35' 51" E.

66. 54° 27' 48" N., 171° 20' 20" E.

67. 54° 16' 50" N., 171° 04' 50" E.

68. 54° 05' 50" N., 170° 49' 22" E.

69. 53° 54' 47" N., 170° 33' 56" E.

70. 53° 43' 42" N., 170° 18' 31" E.

71. 53° 32' 46" N., 170° 05' 29" E.

72. 53° 21' 48" N., 169° 52' 32" E.

73. 53° 10' 49" N., 169° 39' 40" E.

74. 52° 59' 48" N., 169° 26' 53" E.

75. 52° 48' 46" N., 169° 14' 12" E.

76. 52° 37' 43" N., 169° 01' 36" E.

77. 52° 26' 38" N., 168° 49' 05" E.

78. 52° 15' 31" N., 168° 36' 39" E.

79. 52° 04' 23" N., 168° 24' 17" E.

80. 51° 53' 14" N., 168° 12' 01" E.

81. 51° 42' 03" N., 167° 59' 49" E.

82. 51° 30' 51" N., 167° 47' 42" E.

83. 51° 19' 37" N., 167° 35' 40" E.

84. 51° 11' 22" N., 167° 26' 52" E.

thence, it extends along an arc with a radius of 200 nautical miles and a center at 54°29'42" N, 168°05'25" E to

85. 51° 12' 17" N., 167° 15' 35" E.

86. 51° 09' 09" N., 167° 12' 00" E.

87. 50° 58' 39" N., 167° 00' 00" E.

1 June 1990

Excellency:

I have the honor to refer to the Agreement between the United States of America and the Union of Soviet Socialist

Republics on the Maritime Boundary, which has been signed by representatives of our two Governments today. I have the

further honor to propose that, pending the entry into force of that Agreement, the two Governments agree to abide by the terms of

that Agreement as of 15 June 1990.

On the basis of the foregoing, I have the honor to propose to Your Excellency that if the terms stipulated herein are

acceptable to the Government of the Union of Soviet Socialist Republics, this note and Your Excellency's reply shall constitute

an agreement between the two Governments, which shall enter into force on the day of your reply.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

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DOALOS/OLA - UNITED NATIONS

James Baker III

His Excellency

Eduard A. Shevardnadze

Minister of Foreign Affairs of the

Union of Soviet Socialist Republics

---------- FOLLOW-UP ----------

This is great information...I am not a big fan of WND as it is so partisan but I was hoping that there would be some discussion of the 1994 court case where Alaska had no jurisdiction to register the property for an American seeking to lay claim.  Denardo vs State of Alaska S-5850

Superior Ct 90-6387 Civil. Unless I am wrong this pretty much takes the argument out of Alaska's hands into the State Dept although I don't really know. Am I wrong to assume that kicking this can down the road may be a function of not irritating or creating yet another problem with Russia. The geography is compelling for Russia . Is there no functioning meritime boundary between Russia and Alaska now existing? This is hardly a simple issue. It has many facets. Thank you for sharing your time and knowledge. I look forward to your input.

[Hinrik]

Geminga,

Sorry for the delay. Yes, I reviewed the DeNardo case.  You are correct.  The Alaska Supreme Court did affirm and hold that Alaska does not have sovereign authority over those Arctic Islands.  It is out of Alaskan hands and the issue lies with the State Department, etc.  Is this simply appeasement on the part of the United States?  Probably.  As far as I can tell the U.S. abides by the 1990 Maritime Agreement(above).  It is interesting to know that the Alaska State Legislature in 1988 introduced and passed the following resolution in regard to what was and still is considered unlawful Soviet/Russian occupation of land discovered and claimed by the U.S.:       

******************* BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: WHEREAS Alaskans and other Americans remain justifiably grateful for the fortitude shown by Captain Thomas Long and the crew of the whaling bark "NILE"from New London, Connecticut who, on August 14, 1867, were the first to confirm the existence of a 1,740 square mile island in the Chukchi Sea; and WHEREAS Wrangel Island, named by Captain Long after the former governor of Russian Alaska Baron Ferdinand Petrovich von Wrangel, is located some 270 miles northwest of Cape Lisburne, Alaska and is larger than the State of Rhode Island; and WHEREAS Captain Long was the first to sight and to describe Wrangel Island, and the first recorded landing on the island occurred August 12, 1881, when Captain Calvin L. Hooper, commander of the Bering Sea Patrol, a division of the U.S. Treasury Department and as such, the de facto governor of Alaska, landed at Clark River on the eastern coast of Wrangel Island and, with his fellow officers and John Muir(who later founded the Sierra Club) raised the American flag and took possession of the island in the name of the United States; and WHEREAS Captain Hooper was engaged in a Congressionally sponsored effort to rescue the "JEANNETTE,"a vessel engaged in Arctic research that was locked in ice floes and subsequently lost and therefore Captain Hooper had the authority to claim Wrangel Island for the United States; and WHEREAS Wrangel Island became a part of the United States by right of confirmed discovery and first possession and, later, a permanent settlement; and WHEREAS Wrangel Island and its nearby satellite island Herald Island were placed by the United States Coast and Geodetic Service within the District and later Territory and State of Alaska in publications from 1900 through 1977; and WHEREAS the De Long Islands of Henrietta, Jeannette, and Bennett were first discovered in the East Siberian Sea and were claimed and named by U.S. Navy Commander George W. De Long during his 1879 - 1881 expedition into the Arctic where the commander and his crew died when their ship, the "JEANNETTE,"was crushed and sunk by ice floes; and WHEREAS the first permanent settlement on Wrangel Island occurred when the American ship "SILVER WAVE" landed a party on the island on September 15, 1921, and raised the American flag over the island under the direction of Captain Jack Hammer; and WHEREAS the party from the "SILVER WAVE" landed with provisions for only six months as they stated that they planned to sustain themselves by hunting; and WHEREAS the relief vessel in 1922 was blocked by ice floes; and WHEREAS when the relief vessel "DONALDSON"arrived on August 23, 1923, the only survivor of the 1921 expedition was an Eskimo seamstress named Ada "Blackjack" Johnson, who died just a few years ago in Alaska; and WHEREAS a new party led by Charles Wells of Uniontown, Pennsylvania continued settlement on Wrangel Island; and WHEREAS on May 13, 1924, Secretary of State Charles Evans Hughes stated that the American Lomen Brothers were the proprietary owners of Wrangel Island; and WHEREAS on August 20, 1924, an armed party from the Soviet gunboat "RED OCTOBER"landed on Wrangel Island, took Wells and the other Americans by force, and told them they were being returned to Alaska; and WHEREAS notwithstanding their promises, they took the Americans to Vladivostok and confiscated the pelts that the American trappers had accumulated during the 12 bitter months on the island; and WHEREAS the Americans who survived their ordeal in Vladivostok were released following the intervention of the American consul at Harbin, Manchuria but Charles Wells and two residents of Alaska died while detained by the Soviet government; and WHEREAS the residents of Alaska who survived their ordeal in Soviet Siberia were all from Golovin Bay, Alaska and they survived notwithstanding the severe physical and emotional trauma resulting from the assault, kidnapping, false imprisonment, theft of property together with other violations of American and Alaska law by the agents of the Soviet regime; and WHEREAS after seizing Wrangel Island, the Soviet government proceeded to seize more American soil by occupying the nearby and defenseless Herald Island; and WHEREAS the Soviet government subse quently asserted a spurious claim to the American De Long Islands of Henrietta, Jeannette, and Bennett; and WHEREAS these illegal acts by the Soviet government interrupted 57 years of peaceful use of these islands by American seamen, herders, and hunters; and WHEREAS the Soviet occupation of what they refer to as Ostrova De Long is an affront to all Americans, is an insult to the memory of their brave discoverer, and a source of embarrassment to the United States Navy, which memorializes his memory at the Naval Academy in Annapolis; and WHEREAS the soil of all five of these American islands and their surrounding continental shelf has been held by military force in contravention of international law and by conduct that is contrary to what is recognized as proper by civilized nations; and WHEREAS the Soviet government has typified its uncivilized conduct by establishing forced labor camps on Wrangel Island as reported in testimony before the U.S. Senate Judiciary Committee in January 1973; and WHEREAS it has been reported that Wrangel Island was the last known place of imprisonment of Raoul Wallenberg, the Swedish Consul in Budapest, Hungary at the end of World War II who was arrested by Soviet forces and who was responsible for saving the lives of thousands of European Jews from the Nazi Holocaust; and WHEREAS this conduct on American soil has continued in defiance of American law as well as in defiance of the international rules of conduct resulting from the Nuremberg war crime trials after World War II; and WHEREAS the continuing trespass by the Soviet government deprives the State of Alaska and its people of their fundamental right to use the islands of Wrangel, Herald, Henrietta, Jeannette, and Bennett together with the surrounding continental shelf and its valuable resources; and WHEREAS unlike the governments of Canada and Great Britain, the United States has never surrendered its claims of sovereignty over these islands; and WHEREAS the State of Alaska does not believe that agreements between the United States and the Soviet Union, whether they be secret or otherwise, can affect American claims to these islands until they have been ratified by the United States Senate; BE IT RESOLVED by the Alaska State Legislature that the Government of the United States assert and reassert American sovereign ty over Wrangel Island, Herald Island, and the De Long Islands of Henrietta, Jeannette, and Bennett, their resources, and their territorial shelf in behalf of the American people; and be it FURTHER RESOLVED that the Government of the United States make satisfactory compensation and restitution to the State of Alaska and its people for the loss of this territory resulting from the neglect of the United States Government to protect American lives and property when the lands were seized in 1924; and be it FURTHER RESOLVED that the State of Alaska asserts and reasserts its claim to Wrangel Island, Herald Island, and the De Long Islands of Henrietta, Jeannette, and Bennett and their surrounding continental shelf as an integral part of the State of Alaska; and be it FURTHER RESOLVED the Governor of the State of Alaska is requested to initiate appropriate legal claims for relief before the U.S. Foreign Claims Settlement Commission, the U.S. Court of Claims or other legal forums of the United States as may be appropriate. COPIES of this resolution shall be sent to the Honorable Ronald Reagan, President of the United States; to the Honorable George P. Shultz, Secretary of State; to the Honorable George Bush, Vice- President of the United States and President of the U.S. Senate; the Honorable Jim Wright, Speaker of the U.S. House of Representatives; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress. Introduced: 2/4/88.