<p>Globalisation, free movement of labour and migration affect regulations on judicial co-operation and cross-border proceedings in family matters, including family maintenance. Since the turn of the millennium, EU (procedural) family law has emerged as a field of law. The EU Maintenance Regulation was draft ed concurrently with the 2007 Hague Convention on maintenance, creating a direct link between ...

Synet på reindriftssamenes arealrettigheter har variert opp gjennom tiden. Det samme har synet på i hvilken grad disse rettighetene kunne være gjenstand for behandling etter jordskifterettslige prinsipper. I dette foredraget vil jeg se på hvordan samenes arealrettigheter er blitt vurdert ut fra hvordan de er behandlet i jord-skiftesaker i det sørsamiske området. Gjennomgangen vil også kunne si noe ...

The Finnmark Act was recently approved in the parliament by a clear majority. A half-century discussion concerning land rights of the Saami people has culminated in an Act concerning the «right to land and water» in Finnmark County. The legislative history of the Act covers approximately 25 years, and started when the Saami Law committee was appointed in autumn 1980. In this paper the author ...

Forfatteren tar utgangspunkt i Thor Falkangers påpekning av svakheter i Høyesteretts syn på fisketillatelser som aksessorium til fiskefartøyet i Rt. 2009 s. 1502 «Barents Eagle». Han reiser spørsmål om Høyesteretts forståelse av fiskerisystemet fortsatt er uttrykk for gjeldende rett, eller om den rettslige subsumsjonen vil være en annen i kjølvannet av senere endringer av fiskerilovgivningen. I ...

In connection with the current process of change in the Reindeer Husbandry Act, The Reindeer Husbandry Legal Committe makes several proposals that bear on the formal competence of the Land Consolidation Court. According to the proposal, the Court will be allowed to examine rules related to defining reindeer husbandry districts, to prescribe rules related to the use of pastures, and formulate rules ...

The International Covenant on Civil and Political Rights has been a part of Norwegian law since 1999. It has, however, been of greater importance in the political sphere than in the courts. In the fall of 2021, the Supreme Court of ruled that the construction of two wind power plants were violating the rights of Indigenous Sámi reindeer herders pursuant to the Article 27 ICCPR. In the presentation, ...

On 30 September 2020, the United Kingdom and Norway signed the Framework Agreement on Fisheries that will provide the basis for future cooperation in the sustainable management of their fisheries. The Agreement is the first such agreement adopted by the UK following its decision to the leave the European Union. This note provides some background to the Agreement and examines its key features. Whilst ...

Although exclusive common pool resource management regimes have locally been applied since time immemorial in many coastal and fjord areas, in the legal conceptualization of space, the oceans and their living resources were traditionally treated as a “global commons.” The idea of restricting access to coastal oceanic resources and delegating their governance to state instruments has become increasingly ...

Having left the European Union, the UK Fisheries Act (hereafter referred to as the Act) provides a framework that may advance sustainable marine resource management. This requires the bias towards social-economic concerns to be recognised, and greater emphasis to be placed on securing the natural capital to support fisheries. A Joint Fisheries Statement (JFS) to be published in 2022 by the UK’s ...