Viser treff 138-157 av 259

    • La tutela costituzionale dell'ambiente, della biodiversita' e degli ecosistemi, anche nell'interesse delle future generazioni 

      Poto, Margherita Paola (Journal article; Tidsskriftartikkel; Peer reviewed, 2022)
      The contribution analyses the reform of Art. 9 of the Italian Constitution, whereas it establishes the duty of the State “to protect the environment, biodiversity and ecosystems, also for future generations, referring to the legislator the authority to enact animal protection legislation.” The comment touches upon a few key aspects of the reform: its framing within the critical systems thinking ...
    • Law and sustainable transitions: an analysis of aquaculture regulation 

      Schøning, Lena; Hausner, Vera Helene; Morel, Mathilde (Journal article; Tidsskriftartikkel, 2023-07-25)
      The global demand for aquaculture products is rising, driven by declining wild fisheries, food security, and blue economy policies and initiatives, suggesting that aquaculture is significant for a sustainable future, despite its negative environmental impacts. Here we investigate the role of law in accelerating the transition towards sustainable aquaculture activities. We use the EU taxonomy for ...
    • The law of the sea and current practices of marine scientific research in the Arctic 

      Woker, Hilde; Schartmüller, Bernhard; Dølven, Knut Ola; Blix, Katalin (Journal article; Tidsskriftartikkel; Peer reviewed, 2020-02-07)
      The rapid changes in both climate and human activity occurring in the Arctic Ocean demands improved knowledge about this region. Combined with eased accessibility due to reduced sea ice cover and new technologies, this has led to increased research activity in the region. These circumstances put pressure on the applicable legal framework, i.e. the United Nations Convention on the Law of the Sea. ...
    • The Law-Science Interface in the Arctic: Science and the Law of the Sea 

      Woker, Hilde (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-04-19)
      Law and science are both crucial for effective and legitimate decision-making in the Arctic. Yet their interaction is not always successful. This contribution discusses the various ways in which the law of the sea interacts with science in the geographical context of the Arctic, by looking at the references to science in the text of the United Nations Convention on the Law of the sea; the influence ...
    • Legal pathways towards sustainable blue food systems in the aquaculture sector : Interdisciplinary workshop and roundtable discussion 10 January 2024 

      Poto, Margherita Paola; Morel, Mathilde Daasvatn; Elvevoll, Edel Oddny; Fauchland, Ole K.; Eskeland Schütz, Sigrid; Quist, Sofie Elise; Schøning, Lena (Journal article; Tidsskriftartikkel, 2024-02-01)
      The workshop, organized by Mathilde Morel on January 10th 2024, as a part of her PhD project and preparatory work for her PhD midway presentation, aimed to convene experts within the realm of blue food systems with the overarching objective of exploring viable pathways toward sustainability transitions. The reason for this inquiry stems from the escalating recognition that contemporary food systems ...
    • The Legal Regime of the Strait of Hormuz and Attacks against Oil Tankers: Law of the Sea and Law on the Use of Force Perspectives 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-07-20)
      The Strait of Hormuz has great significance for the world economy as an oil chokepoint. Yet in recent years, international navigation through the Strait of Hormuz has been repeatedly hampered and subject to discriminatory navigational restrictions and attacks. Such measures have been mostly aimed at oil tankers. This article examines the maritime incidents that occurred in the Strait of Hormuz ...
    • The Legal Regime of the Strait of Hormuz and Attacks Against Oil Tankers: Law of the Sea and Law on the Use of Force Perspectives 

      Lott, Alexander; Kawagishi, Shin (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-07-20)
      The Strait of Hormuz has great significance for the world economy as an oil chokepoint. Yet in recent years, international navigation through the Strait of Hormuz has been repeatedly hampered and subject to discriminatory navigational restrictions and attacks. Such measures have been mostly aimed at oil tankers. This article examines the maritime incidents that occurred in the Strait of Hormuz in ...
    • Luganokonvensjonen i Høyesterett - et kritisk blikk 

      Nylund, Anna (Chapter; Bokkapittel, 2018)
      Artikkelen drøfter Høyesteretts anvendelse av Luganokonvensjonen med særlig vekt på formuerettslige tvister og midlertidig sikring. Med utgangspunkt i konvensjonens formål og tolkningsprinsipper inntatt i konvensjonen kritiseres Høyesteretts bruk av konvensjonen i Trico -saken og Samsung-saken. Artikkelen tar også opp spørsmål knyttet til midlertidig sikring der partene har avtalt voldgift og den ...
    • Mapping Key Past and Current Debate on Areas beyond National Jurisdiction 

      Henriksen, Tore (Chapter; Bokkapittel, 2022-01-31)
      The history of the law of the sea is part and parcel of a wider vision for the law of nation’s connection with globalization.
    • Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms 

      Tsiouvalas, Apostolos (Chapter; Bokkapittel, 2020)
      While legal progress on indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these ...
    • A Marine-Biology-Centric Definition of Ocean Connectivity and the Law of the Sea 

      Johansen, Elise; Dahl, Irene Vanja; Lott, Alexander; Nickels, Philipp Peter; Andreassen, Ingrid Solstad (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-11-23)
      The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion ...
    • Maritime Delimitation in the Indian Ocean: Has the ICJ marginalized the geological and geomorphological criteria in favor of a distance related criteria? 

      Busch, Signe Veierud (Others; Andre, 2022-03-29)
      In Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), the International Court of Justice (ICJ) was requested to establish the single maritime boundary between Somalia and Kenya in the Indian Ocean delimiting the territorial sea, exclusive economic zone and continental shelf, including the continental shelf beyond 200 nautical miles (nm). This is the fourth time an international court ...
    • Maritime Security in the Baltic and Japanese Straits From the Perspective of EEZ Corridors 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-10-29)
      This study focuses on the practice of the Baltic Sea coastal states and Japan in voluntarily limiting the outer extent of their territorial sea in straits. The reasons for the establishment of narrow exclusive economic zone (EEZ) corridors in straits are mostly related to security considerations. This article examines the consequences of such state practice for navigational regimes and for the ...
    • Maritime Security Threats and the Passage Regime in the Bab el-Mandeb 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-06-21)
      The strait of Bab el-Mandeb separates Africa from the Arabian Peninsula and is an important element in the connection of the Mediterranean Sea and the Red Sea with the Indian Ocean. The Suez Canal interlinks the Mediterranean with the Red Sea, while the Bab el-Mandeb connects the Red Sea with the Indian Ocean. In Arabic, Bāb al-Mandab stands for “the gate of tears” (Encyclopaedia Britannica), which ...
    • Mekling i barnefordelingssaker på godt og ondt 

      Nylund, Anna (Journal article; Tidsskriftartikkel, 2011)
      Mekling er et godt verktøy i barnefordelingssaker for å oppnå konfliktreduksjon mellom foreldre og robuste avtaler. Likevel kan mekling også lede til forlikspress, avtaler som ikke er i tråd med hensynet til barnets beste og saker som kan karakteriseres som "gjengangere". I denne artikkelen forsøker jeg analysere hvorfor mekling i følge undersøkelser ikke fungerer like godt i alle barnefordelingssaker ...
    • The Methodology of Formal Interpretations of Judicial Decisions by the International Court of Justice 

      Helmersen, Sondre Torp (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-10-12)
      This article examines the International Court of Justice’s methodology in cases where it interprets its own decisions under the procedure in Article 60 of the Statute. The Court is constrained by respect for the res judicata of the previous decision. When interpreting the decision the Court and its judges strive to find the intention behind a decision, and emphasise elements that include wording, ...
    • A methodology to evaluate the ecosystem approach in laws and policies 

      Schøning, Lena (Others; Andre, 2022-11-12)
      The ecosystem approach has been part of international environmental law since the 90s. Since then, the Conference of Parties to the Convention on Biodiversity has called upon nation states to implement the approach locally, nationally, and regionally. How has the ecosystem approach been implemented nationally? This blog post suggests and sketches a theoretical perspective, criteria, and methods ...
    • More Disputes ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure 

      Busch, Signe Veierud (Chapter; Bokkapittel, 2020)
      When the provisions on the Commission on the Limits of the Continental Shelf (CLCS) were negotiated during the Third UN Conference on the Law of the Sea (UNCLOS III), its role in relation to disputes was only vaguely described in the Convention text.2 To implement and operationalize its obligations and mandate provided in article 76(8) of and Annex II to the United Nations Convention on the Law of ...
    • More or Less Integrated Ocean Management: Multiple Integrated Approaches and Two Norms 

      Schøning, Lena (Journal article; Tidsskriftartikkel; Peer reviewed, 2019-09-14)
      Through a normative lens, this article investigates integrated ocean management and the multiple concepts that it involves. Although international law provides legal authority to coastal states to manage their ocean area entitlements, no single legally binding norm specific to integrated ocean management exists. Nevertheless, by combining different internationally recognized sources, this article ...
    • The MS Estonia Shipwreck Revisited: New Developments in the Protection of Underwater Cultural Heritage in the Northern Baltic Sea 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-10-12)
      It is widely believed that international law does not enable to protect effectively the wreck of the ms Estonia against looting. The protection regime established under the 1995 ms Estonia Treaty is binding and violations against it can be effectively sanctioned in respect of only the nationals of its few States Parties, resulting in numerous jurisdictional gaps.<p> <p>This study argues that the ...