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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 ... -
Comparing the Efficiency and Quality of Civil Justice in Scandinavia: The Role of Structural Differences and Definitions of Quality
(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
(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 ... -
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 ... -
A Conceptual Framework for Complex Systems at the Crossroads of Food, Environment, Health, and Innovation
(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
(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. ... -
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 ... -
Confronting the Global Plastics Problem Threatening the Marine Environment – A Framework and Elements of an International Legal Response
(Doctoral thesis; Doktorgradsavhandling, 2021-09-03)At present, international law does not contain any one instrument that would have been designed to target the global plastics problem as a whole. Existing efforts remain fragmented and fail to establish a coherent legal regime, yet a globally recognized need to construct a coordinated and comprehensive international legal response exists. The problem and related regulatory challenges are tremendously ... -
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 ...
