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Children's Constitutional Right to Respect for Family Life in Norway: Words or Real Effect?
(Chapter; Bokkapittel, 2019-11-19)Children`s right to respect for family life is widely recognised in Norwegian law. The specific provision on children’s human rights in the Norwegian Constitution, section 104, mentions family. In addition, section 102 states that everyone, including children, have a right to respect for private and family life. The Convention on the Rights of the Child (crc) and the European Convention on Human ... -
Children's Right to Respect for Their Human Dignity
(Chapter; Bokkapittel, 2019) -
Children’s Constitutional Rights in the Nordic Countries: Do Constitutional Rights Matter?
(Chapter; Bokkapittel, 2019-12-02)This chapter consists of a comparative analyses of children’s constitutional rights in the Nordic countries. First, we analyse children’s constitutional rights in general in the Nordic countries to assess if and how a Constitution is in line with the child’s rights approach of the Convention on the Rights of the Child (crc). We build on a model developed by Conor O’Mahony that measures the protection ... -
Children’s Health Matters in Custody Conflicts: Best Interests of the Child and Decisions on Health Matters
(Chapter; Bokkapittel, 2023)This chapter addresses conflicts of interest that might arise when there are ongoing custody disputes and, in particular, how legal instruments can be used where parents disagree regarding a decision concerning a child’s health. When a child is younger than 16 years, their parents must, as a rule, give consent regarding health matters. The child has a right, however, to be heard, and the parents ... -
Children’s Right to Participate in Decision-Making in Norway: Paternalism and Autonomy
(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
(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’
(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 ... -
China’s Recent Maritime Legislation. A Study of Consistency with the International Law of the Sea and the Political Context
(Mastergradsoppgave; Master thesis, 2022-09-01)No abstract available. -
Civil Courts Coping with Covid-19
(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 ... -
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 ... -
A Co-Created Methodological Approach to Address the Relational Dimension of Environmental Challenges: When Critical Legal Analysis Meets Illustrated Storytelling
(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
(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 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. -
Coastal State Jurisdiction over Ships in Peril and Shipwrecks
(Doctoral thesis; Doktorgradsavhandling, 2020-08-26)International law-making in the field of coastal State jurisdiction over ships in peril and shipwrecks is of incremental nature. Various legal issues concerning the matter at stake have emerged at different stages over the last fifty years, and have been triggered by a number of maritime accidents, the 1967 Torrey Canyon incident marking the critical point in this respect. The current legal regime ... -
Coastal states and MPAs in ABNJ: Ensuring consistency with the LOSC
(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
(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
(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 ... -
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 ...
