Blar i tittel Mastergradsoppgaver i rettsvitenskap
Viser treff 173-192 av 1120
-
Classification of Seafloor Highs according to UNCLOS article 76. How the practice of the CLCS on seafloor highs relates to UNCLOS article 76 interpreted in accordance with articles 31 and 32 of the Vienna Convention on the Law of Treaties.
(Master thesis; Mastergradsoppgave, 2015-05-03)When a coastal State wishes to establish the outer limits of its continental shelf, it is required to do so based on a recommendation by the Commission on the Limits of the Continental Shelf. The Commission consist of experts in the fields of geology, geophysics and hydrography, but the definition of the continental shelf is a legal concept constructed for the purpose of the Law of the Sea. There ... -
Climate Change Adaptation as Developing Legal Obligations Applicable to the Interpretation of the Law of the Sea Convention
(Mastergradsoppgave; Master thesis, 2021-08-31)Climate change's adverse environmental and societal consequences present a significant challenge for global governance frameworks, including for the law of the sea. Considering the inevitability of these impacts, adaptation of human and ecological systems is increasingly important, contributing to a developing climate change adaptation regime under international climate change law. The law of the ... -
Climate Change Litigation Before the European Court of Human Rights: What Hurdles and Legal Avenues?
(Master thesis; Mastergradsoppgave, 2022-05-28)This thesis aims at exploring in details the four climate cases brought before the European Court of Human Rights (ECtHR) in light of the Court’s precedent environmental case law. As those four cases are the first one of this type, many legal questions arise. More specifically, the thesis will first explore the way these climate-based lawsuits compare with case law developed by the Court on the ... -
Coastal State Intervention in Salvage Operations: Obligations and Liability Toward the Salvor
(Master thesis; Mastergradsoppgave, 2012-08-28)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. -
Comparative Study of Mineral Resource Management and Environmental Protection in the Area and Antarctica
(Mastergradsoppgave; Master thesis, 2023-05-25)In this thesis, I shall compare the different regimes regulating mineral resource management and environmental protection in the Area and Antarctica, and how these two regimes affect the rights and obligations of developing States. In order to do this, I shall make use of a doctrinal legal research approach to describe each regime, and shall additionally make use of elements from comparative ... -
Concept of Undertakings
(Master thesis; Mastergradsoppgave, 2012-10-31)The major criticism upon current jurisprudence on the concept of undertakings has been that the judgments and decisions in this area are majorly fact specific. The Courts have not yet set out clearly defined requirement for the definition of undertakings. As the concept allows for the application of competition law, a development towards more simple requirements is desirable – making competition law ... -
Condictio indebiti
(Master thesis; Mastergradsoppgave, 2012-05)Avhandlingen behandler de ulovfestede reglene om condictio indebiti. Reglene kan benyttes som rettslig grunnlag for et tilbakesøkingskrav dersom en betaler har prestert en ytelsen han helt eller delvis ikke var forpliktet til å prestere. Avhandlingen gir en helhetlige fremstilling av temaet, med utgangspunkt i tre hovedproblemstillinger: (1) Hva som er de nærmere forutsetninger for anvendelsen av ... -
Confronting the "International Pariahs" of the Oceans. The United States´ Drug Enforcement on the High Seas and Evolving Legal Views on the Phenomenon of Stateless Vessels.
(Master thesis; Mastergradsoppgave, 2016-08-27)This thesis discusses the jurisdictional issues arising from stateless vessels sailing on the High Seas, analyzing these from the perspective of international law, particularly the UN Convention on the Law of the Sea. The thesis then looks at the law and practice of the United States when it comes to asserting jurisdiction over stateless vessels found to be trafficking drugs on the High Seas, and ... -
Conservation issues in coastal waters : state sovereignty, indigenous peoples and international obligations
(Master thesis; Mastergradsoppgave, 2011-09-01)The small master thesis is dedicated to the problem of coastal states’ jurisdiction over their marine biological resources, the challenge of ratio between states’ sovereignty and international obligations on conservation management and human rights (collective indigenous peoples’ rights to fishery) and a sustainable use of marine living resources. The basic reason for the conservation policy is the ... -
Considering the significance of historic and traditional fishing rights in today’s law of the sea, illustrated with the post-Brexit fisheries legal regime.
(Mastergradsoppgave; Master thesis, 2020-09-14)The starting point for this master thesis is the question of the role that tradition plays in fishing and how it can be translated into general international law. Fisheries activities have been carried out throughout history, however on a smaller and less industrial scale than nowadays. The issue of fishing practices is parallel to the extension of coastal States’ sovereignty and jurisdiction over ... -
Continental shelf delimitation in areas beyond 200nm: The relationship between the CLCS, its recommendations and international Courts and Tribunals.
(Master thesis; Mastergradsoppgave, 2019-09-05)This thesis sets out to analyse available case law on the delimitation of the continental shelf beyond 200 nm for the purpose of clarifying the relationship between the Commission, its recommendations and international courts and tribunals. In Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire) in 2017, the Special ... -
The Continental Shelf of Svalbard: Its Legal Status and the Legal Implications of the Application of the Svalbard Treaty Regarding Exploitation of Non-Living Resources
(Master thesis; Mastergradsoppgave, 2013-09-02)The legal status of Svalbard and its competence to generate maritime zones has long been disputed. Article 1 of the Svalbard Treaty grants Norway sovereignty over the Archipelago and its territorial waters and Norway holds that the Archipelago constitutes a part of the natural prolongation of the mainland continental shelf and that the continental shelf therefore is subject to Norwegian legislation. ... -
Convenient ship breaking: Shortcomings of environmental obligations of EU ship owners and possible solutions
(Master thesis; Mastergradsoppgave, 2020-09-14)This thesis talks about the situation regarding ship breaking of vessels owned by EU owners. It assesses the current framework and its shortcomings, before offering possible solutions. It especially analyzes the most important instruments such as the Basel Convention and the Hong Kong Convention, which is not yet in force, besides EU legislation such as the EU Ship Recycling Regulation. The possibilities ... -
Corporate Environmental Responsibility in Global Value Chains: An assessment of how the proposed EU Directive on Corporate Sustainability Due Diligence can affect the environmental responsibility of multinational companies
(Mastergradsoppgave; Master thesis, 2022-05-30)Multinational enterprises are governed by international frameworks such as the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The failure of multinational enterprises to comply with these voluntary guidelines has led to negative environmental impacts. Against this background, the European Commission has proposed an EU Directive ... -
Corporate Social Responsibility: A Global Comparative Analysis
(Master thesis; Mastergradsoppgave, 2014-05-05)The topic of the thesis is development of corporate social responsibility in a global context, and examines and compares the practice of CSR in different countries around the world. Furthermore, the question of whether or not CSR should be regulated by law is discussed. -
Creating compatibility between expansion of Hydropower and Conservation of Biodiversity: A comparative analysis between the stand taken by Portugal and Norway
(Mastergradsoppgave; Master thesis, 2022-05-31)Expansion of renewable energy is at the very centre of the European Green Deal. In every possible energy mix policy in the EU, it has been found that hydropower is and will continue to remain as an integral part of it. However, on the path of reaching for carbon-neutrality, the EU right now settled with this hydropower as an unavoidable renewable energy source which is not completely green. It's ... -
Creating Synergies Between Global and Regional MPA Regimes in Areas Beyond National Jurisdiction
(Master thesis; Mastergradsoppgave, 2020-09-14)The OSPAR Convention has a network of marine protected areas (MPAs) in place, covering vast areas beyond national jurisdiction (ABNJ) in the North-East Atlantic. The forthcoming international legally binding instrument on biodiversity beyond national jurisdiction (BBNJ) will introduce a global regime for MPAs in ABNJ. The question thus arises what this means for OSPAR, and how these bodies will ... -
Criteria for environmentally sustainable economic activities with a special focus on the legal significance of the technical screening criteria under the EU Taxonomy Regulation
(Mastergradsoppgave; Master thesis, 2022-05-26)The present master thesis seeks to understand what is legally required to substantially contribute and do no significant harm to the environmental objectives, of the newly adopted EU Taxonomy Regulation. A particular focus was to understand the legal significance of compliance with the technical screening criteria meant to supplement the general conditions to substantially contribute and do no ... -
A Critical Perspective on the Principle of State Sovereignty Over Natural Resources and its Role in Hindering the Effective Regulation of Climate Change at the International Stage
(Mastergradsoppgave; Master thesis, 2023-05-26)This thesis explores the dual roles of states within the regime of climate change. On the one hand, as actors contributing to climate change and, on the one hand, as the primary lawmakers in this legal regime. Being the primary actors within the regime of climate change means that States, due to the principle of sovereignty and sovereignty over natural resources, have a crucial role in determining ... -
Cyberkrigføring: Enkelte utvalgte utfordringer for krigens folkerett som følge av cyberkrigføring - særlig om distinksjonsprinsippet og proporsjonalitetsprinsippet
(Master thesis; Mastergradsoppgave, 2020-12-15)Temaet for oppgaven er enkelte utvalgte problemstillingstillinger som oppstår ved anvendelse av krigens folkerett ovenfor cyberkrigføring. Hovedfokuset er lagt på drøftelser rundt distinksjonsprinsippet og proporsjonalitetsprinsippet, men andre interessante temaer som autonome cybervåpen og Martens klausulen berøres også, dog i mer begrenset grad. Oppgaven forsøker å identifisere og kartlegge mulige ...