Det juridiske fakultet

Grensen FN-konvensjonen om sivile og politiske rettigheter artikkel 27 setter for inngrep i reindriftsareal

Mon, 11 Mar 2013 00:00:00 GMT

Gilje, Ragnhild Tønnesen
Menneskerettigheter, urfolksrett, reindriftsrett, samerett. Denne oppgaven tar for seg grensen FN-konvensjonen om sivile og politiske rettigheter (SP) art. 27 setter for inngrep i reindriftsareal. Det fokuseres på vilkåret "not be denied the right to..." (ikke nektes retten til...). Praksis fra FNs menneskerettskomite som gjelder arealinngrep i urfolksommråder analyseres. De internasjonale vurderingspremissene forsøkes overført til norske forhold. Oppaven inneholder en redegjørelse for SPs stilling i norsk rett. Den inneholder også en redegjørelse for hvilken metode SP art. 27 skal tolkes etter i norsk rettsanvendelse. Oppgavens mål er å klarlegge premissene for vurderingen rettsanvenderen må foreta for å komme fram til om et planlagt tiltak vil stride mot SP art. 27. Oppgavens tema har således en praktisk vinkling, og er av interesse både for reindriftsutøveren som blir berørt av en utbygging, og for forvaltningsorganet som skal ta stilling til ekspropriasjonssøknaden.

Vilkår og beregning av tilleggspensjon for unge uføre i medhold av Folketrygdloven § 3-21

Tue, 15 Dec 2009 00:00:00 GMT

Dalberg, Olav
Formålet med oppgaven vil være å gjøre rede for hvilke unge uføre som har rett til garantert tilleggspensjon i medhold av folketrygdloven § 3 -21, og hvem som faller utenfor etter lovendringen i 1997. Videre er formålet med oppgaven å gjøre rede for beregningen av garanterte tilleggspensjon, og vise forskjellen mellom en pensjon som ytes til unge uføre som faller inn under garanti ordningen og de som faller utenfor.

Coastal State Intervention in Salvage Operations: Obligations and Liability Toward the Salvor

Tue, 28 Aug 2012 00:00:00 GMT

Storgårds, Susanne
A study of coastal state intervention in salvage operations, the liability and compensation of salvors, places of refuge in relation to salvors, and the propsal for a new environmental salvage award.

The legality of a future EU Emission Trading Scheme for shipping

Sat, 25 Aug 2012 00:00:00 GMT

Heerings, Moniek
The European Union is planning to introduce an emission-trading scheme for the shipping industry to reduce the emission of greenhouse gasses. The scheme will be flag blind and will cover all vessels calling at European ports. The legality under international law of such a shipping EU ETS will be assessed. Unilateral greenhouse gas regulations are contested due to cooperation obligations found in the Kyoto Protocol and in the law of the sea. In order for a port state to prescribe and enforce measures, a sufficient jurisdictional basis needs to exist in international law. Territorial en extra-territorial port state jurisdiction are both relevant for assessing the legality of a shipping EU ETS. The following two research questions are answered: 1. Can the European Union unilaterally regulate greenhouse gas emissions from shipping? 2. To what extent is an EU ETS that covers voyages from non-EU vessels that take place beyond EU territory in conformity with international law?

Factors of relevance in the delimitation between the territorial seas of the Netherlands and Germany

Tue, 28 Aug 2012 00:00:00 GMT

Dewina, Steffen
This master thesis has the aim to establish what factors can be identified as relevant in order to achieve a delimitation between the territorial seas of the Netherlands and Germany in accordance with Article 15 of the United Nations Convention on the Law of the Sea.

Landlocked States and the Protection of the Marine Environment – with Special Emphasis on Switzerland

Mon, 03 Sep 2012 00:00:00 GMT

Maurer, Anina
This thesis assesses the obligations of landlocked states (LLSs) to protect the marine environment as a whole. In order to limit the scope, three international instruments are focussed upon: the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), and the Fish Stocks Agreement (FSA). This thesis then goes one step beyond the existing regulations, and brings the obligations to protect the marine environment in conjunction with the participation in regional fisheries management organisations (RFMOs). It is examined what role RFMOs play in the protection of the marine environment and if there is a right for LLSs to accede to RFMOs with the sole interest of marine environmental protection. The focus lies again on the UNCLOS, the CBD, and the FSA. Furthermore, the extension of the powers of RFMOs from fisheries management to additional protection of the marine environment is discussed. In order to understand the role of LLSs in using and protecting the oceans, it is important to know the modalities of the right to transit and the right to access to the sea. It is therefore assessed whether landlocked states have a right to transit and a right to access to the sea, and how these rights are regulated. Throughout the whole thesis, a special emphasis is put on the case of Switzerland. All general discussions regarding rights and obligations of LLSs are adapted to Switzerland’s position as feasibly possible.

International and national regulation of operational and accidental cruise ships pollution of the marine environment in the Arctic

Thu, 30 Aug 2012 00:00:00 GMT

Vasilchikova, Oxana
Navigation in the Arctic has always been a unique activity compared to the other marine regions of the world. The main explanations of that are the remoteness of the area, which produces certain risks in terms of timely response to accidents which may occur, and severe climatic conditions, primarily, the coldness and the presence of ice throughout the most part of the year. All this requires special technical skills of the crew and creates serious threats to the safety of ships navigation in this marine area. As a result, the vessels are exposed to cause negative effects to the environment. The research is aimed at the study which possibilities the coastal State has in regulation of operational and accidental pollution to the marine environment from the cruise vessels navigating in the Arctic on the example of international legislation. Consequently, the relevant Norwegian national legislation applicable to Svalbard Arctic maritime zones concerning the aforementioned major topic is examined in the thesis. Together with that, a comparative analysis of the Arctic and Antarctic legal regimes related to the regulation of the marine pollution from the cruise vessels is made.

HYDROCARBON ACTIVITY ON GHANA'S CONTINENTAL SHELF: REQUIREMENTS UNDER INTERNATIONAL LAW

Thu, 20 Sep 2012 00:00:00 GMT

Faakye, Solomon
The purpose of this thesis is to identify and discuss the international environmental law requirements imposed on Ghana with respect to offshore hydrocarbon activity and how Ghana has so far responded to these requirements in its national laws and practices. The study further seeks to ascertain the adequacy of these responses in the light of their legal implications. To achieve this, the international requirements are discussed under various themes; likewise Ghana's responses and the relationship between requirements and responses are identified in subsequent chapters. It was generally discovered that Ghana has made modest gains towards fulfilling its international law obligations for offshore hydrocarbon activity. It was however obvious from the findings that much more needs to be done when it comes to implementation to enable Ghana fully meet the requirements of international environmental law. The study ends by making recommendations in this regard.

The Caspian Sea: legal challenges of delimitation between littoral states

Tue, 04 Sep 2012 00:00:00 GMT

Ramazanova, Emilia
Before Soviet Union had collapsed the legal status and delimitation were more or less clear between the USSR and Iran. At present this issue has an importance for five countries: Russia, Azerbaijan, Iran, Turkmenistan and Kazakhstan. The legal status of the Sea is unclear. If it is a sea then the Law of the Sea Convention must be applied. It becomes more problematic because of the fact that only Russia has ratified the UNCLOS and the Caspian is not wider than 200 miles to establish the EEZ. In another case, if it is a lake, rules of customary law are to be applied and the Sea is to be delimited on the basis of median line. Despite that fact that some of the countries (Russia, Azerbaijan, Kazakhstan) have an agreement on sharing part of the Caspian Sea there are still claims from Iran and Turkmenistan, because for them division of the Sea with sector principle is not advantageous. It is important to give attention to historical background of the dispute, researching Treaties of 1921 and 1940 signed between Iran and the USSR, which have influence on the current regulation of the Caspian Sea.

The international obligations of the Russian Federation relating to offshore oil and gas exploration and production in the Arctic

Wed, 31 Oct 2012 00:00:00 GMT

Khachaturova, Regina
As a petroleum - producing country with enormous offshore developments the Russian Federation faces and will face a threat of increasing pollution of the marine environment resulting from the offshore activities both in its area in the Arctic and on territories of other States. Therefore it is critical for Russia to participate in development of international and regional legal instruments, to have an effective domestic regime for the offshore industry and to ensure that it has fixed obligations on international level in order to avoid negative consequences. 1.1 Research question On the above mentioned background I pose the following research question: Are the international obligations of the Russian Federation relating to the offshore oil and gas exploration and production in the Arctic able to control this process and avoid negative consequences of these activities and is there a need to develop new treaties and join the existing once?