• Children’s Right to Participate in Decision-Making in Norway: Paternalism and Autonomy 

      Nylund, Anna (Chapter; Bokkapittel, 2019-12-02)
      This chapter examines whether including children’s participatory rights in the Norwegian Constitution has had any legal or practical impact. It uses Susan White’s typology of participation rights as a tool for examining whether children’s participation is nominal, instrumental, representative or transformative. The preparatory works of the Norwegian Constitution are ambiguous. On the one hand, the ...
    • The child’s right to information on sensitive topics – Ensuring a child-rights approach by balancing the right to information and the best interests of the child 

      Martnes, Mona (Journal article; Tidsskriftartikkel; Peer reviewed, 2022)
      Barns rett til informasjon er en grunnleggende del av retten til å bli hørt og få sin mening vektlagt. I tillegg er det en selvstendig rettighet. Likevel mangler barn ofte informasjon om forhold som gjelder dem direkte. Særlig gjelder det informasjon som kan virke skremmende eller av andre grunner er av negativ karakter. For eksempel informasjon om et negativt utfall i en utlendingssaker, ...
    • China-Taiwan Threats of Force and the Paradox of the ‘Nuclear Weapons Principle’ 

      Helmersen, Sondre Torp (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-09-21)
      The People’s Republic of China (‘China’) has adopted legislation threatening to invade the Republic of China (‘Taiwan’) if the latter declares independence. Threats of force are prohibited by the UN Charter Article 2(4) and equivalent customary international law. This article proceeds along two apparently contradictory strands. On the one hand, the prohibition probably does not apply to non-State ...
    • Civil Courts Coping with Covid-19 

      Krans, Bart; Nylund, Anna (Book; Bok, 2021)
      The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries ...
    • A Co-Created Methodological Approach to Address the Relational Dimension of Environmental Challenges: When Critical Legal Analysis Meets Illustrated Storytelling 

      Poto, Margherita Paola; Porrone, Arianna (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-11-29)
      Environmental education research needs to take into account the relational dimension of the ecological challenges of our time. It requires the development of methodological techniques that prioritize community concerns, and generally foster positive relational dynamics of the research and study group. This leads to the construction of a research and educational approach around the collective and ...
    • Co-creazione della ricerca e del sapere nel sistema dell’ecologia integrale 

      Poto, Margherita Paola; Porrone, Arianna (Journal article; Tidsskriftartikkel; Peer reviewed, 2022)
      “Nella mia prima conferenza ero partito dai poemi di Lucrezio e di Ovidio e dal modello di un sistema d’infinite relazioni di tutto con tutto […]” (I. Calvino, Lezioni Americane, 1988)<p> <p>Le riflessioni giuridiche, filosofiche e spirituali sull’etica ambientale convergono nel ritenere che la crisi ecologica del nostro tempo riflette la disfunzione del rapporto natura-società [1, 2, 3, 4, 5, ...
    • Coastal states and MPAs in ABNJ: Ensuring consistency with the LOSC 

      Oude Elferink, Alexander G. (Journal article; Tidsskriftartikkel; Peer reviewed, 2018-08-22)
      To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be ...
    • A Cold Rain on the Parade When the Sámi Celebrate 100th Anniversary 

      Ravna, Øyvind (Journal article; Tidsskriftartikkel; Peer reviewed, 2017-02-06)
      6 February 2017 marks the centenary of The First Sámi Congress, which is also the reason that we today celebrate the 6th of February as the Sámi National Day. The First Congress will be thoroughly celebrated in Trondheim where it originally took place. Such an anniversary naturally inspires reflection on what the Sámi have achieved in the years since Elsa Laula Renberg and other visionary Sámi leaders ...
    • The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 

      Frostad, Magne (Journal article; Tidsskriftartikkel; Peer reviewed, 2013-04-30)
      Article 56 of the European Convention on Human Rights is often referred to as the «colonial clause» and it has received little attention by commentators, whereas there has been extensive writing on Article 1of the Convention regarding the extraterritorial reach of that treaty. Article 56 has nevertheless the effect of limiting the responsibility of Member States for acts and omissions of the ...
    • Comparing the Efficiency and Quality of Civil Justice in Scandinavia: The Role of Structural Differences and Definitions of Quality 

      Nylund, Anna (Journal article; Tidsskriftartikkel; Peer reviewed, 2019-11)
      Most studies on the efficiency and quality of civil justices are limited to formal courts, although tribunals and other quasi-courts have a central role in resolving legal disputes in many European countries. Hence, significant parts of many civil justice systems are excluded from the studies. Differences among countries may thus reflect primarily structural and terminological differences rather ...
    • The Concept of Commons and Marine Genetic Resources in Areas beyond National Jurisdiction 

      De Lucia, Vito (Journal article; Tidsskriftartikkel; Peer reviewed, 2018-11-27)
      This article explores some of the ways in which marine genetic resources conceptually and normatively intersect with the concept and idea of commons. Through an analysis of the terminological ambiguities and semantic slippages characterizing the usage of the concept of commons in international law, the article addresses questions relation to the idea of global commons and to the multiple reciprocal ...
    • A Conceptual Framework for Complex Systems at the Crossroads of Food, Environment, Health, and Innovation 

      Poto, Margherita Paola (Journal article; Tidsskriftartikkel; Peer reviewed, 2020-11-20)
      Climate-smart solutions and practices have the potential to contribute to the UN Sustainable Development Goals (SDGs) of achieving zero hunger; ensuring healthy lives and promoting the wellbeing of humans, animals, and plants; reducing ocean overharvesting and overfishing; tackling climate change; driving economic growth; and promoting innovation. Achieving these goals will require searching for, ...
    • Conclusions and Outlook 

      Krans, Bart; Nylund, Anna (Chapter; Bokkapittel, 2016-12-19)
      The first and clear conclusion from the papers in this book is far from surprising: law of the European Union has impact on national civil procedure. This might concern primary EU law, secondary EU law, case law, fundamental legal principles or soft law instruments. At the same time, there seems to be significant variation on several aspects of the impact of EU law on national civil procedure law. ...
    • Constitutional Rights for Children in Norway 

      Haugli, Trude (Chapter; Bokkapittel, 2019-12-02)
      In this chapter, I present and discuss the status of children’s rights in the Norwegian Constitution. The Constitution was amended in 2014 when a new bill of rights was added. The provisions are strongly influenced by international law and, when it comes to children, especially by the general principle of the Convention on the Rights of the Child (crc). I give an overview of the process leading up ...
    • The Construction of Ocean Space in Areas Beyond National Jurisdiction. A Fisheries Perspective 

      Barnes, Richard Alan (Chapter; Bokkapittel, 2022)
      This chapter examines the development of fisheries regulation in areas beyond national jurisdiction (ABNJ) from a constructivist approach. In doing so it provides important insights into how the construction of space is influenced by law making and institutional constraints, some of which reflect bias or imbalance in powers structures in international law. Many have defended law as a discreet and ...
    • The Contribution of Integrated Marine Policies to Marine Environmental Protection: The Case of Norway 

      Schøning, Lena (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-04-12)
      This article investigates the contribution of the Norwegian integrated marine management (IMM) plans to marine environmental protection and conservation. These plans have been described as international best practice, and the government’s goal is ‘for Norway to be a pioneer in developing an integrated ecosystem-based management regime for marine areas’. The plans pursue other objectives, including ...
    • Corto Maltese and the Myriad Narratives of a More-than-Human Ocean: Revisiting Some of UNCLOS’ Ontological Assumptions 

      Tsiouvalas, Apostolos (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-01-12)
      Graphic novels have been previously recognized by scholarly research as a valuable conceptual lens for thinking critically about law. Asserting the need for a deeper engagement with the material foundations, ontological beliefs and epistemological grids that lie under the development of international law of the sea, this article delves into the imaginary oceanic universe of Hugo Pratt’s classic ...
    • Covid-19 and Norwegian Civil Justice 

      Nylund, Anna (Chapter; Bokkapittel, 2021)
      Norwegian courts have been digitised at an unprecedented pace during the Covid-19 pandemic. Because case management hearings were already conducted remotely and expert witnesses were often examined remotely, the transition to fully remote hearings has been fairly smooth in Norway, as will be explained in Section 2. However, the implementation of new technology has entailed some difficulties, in ...
    • A critical interrogation of the relation between the ecosystem approach and ecosystem services 

      De Lucia, Vito (Journal article; Tidsskriftartikkel, 2018-01-23)
      This article offers a critical interrogation of the relationship between two emerging conceptual frameworks whose importance has grown quickly within the context of international environmental law: the ecosystem approach and ecosystem services. Both premised on the concept of the ecosystem, their origin is parallel, but their present and future is convergent and increasingly intertwined. The ecosystem ...
    • The December 2015 Washington Meeting on High Seas Fishing in the Central Arctic Ocean 

      Molenaar, Erik Jaap (Chronicle; Kronikk, 2016-02-05)