Blar i tittel Det juridiske fakultet
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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 ... -
Considering the significance of historic and traditional fishing rights in today’s law of the sea, illustrated with the post-Brexit fisheries legal regime.
(Mastergradsoppgave; Master thesis, 2020-09-14)The starting point for this master thesis is the question of the role that tradition plays in fishing and how it can be translated into general international law. Fisheries activities have been carried out throughout history, however on a smaller and less industrial scale than nowadays. The issue of fishing practices is parallel to the extension of coastal States’ sovereignty and jurisdiction over ... -
Constitutional Rights for Children in Norway
(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
(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 ... -
Continental shelf delimitation in areas beyond 200nm: The relationship between the CLCS, its recommendations and international Courts and Tribunals.
(Master thesis; Mastergradsoppgave, 2019-09-05)This thesis sets out to analyse available case law on the delimitation of the continental shelf beyond 200 nm for the purpose of clarifying the relationship between the Commission, its recommendations and international courts and tribunals. In Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire) in 2017, the Special ... -
The Continental Shelf of Svalbard: Its Legal Status and the Legal Implications of the Application of the Svalbard Treaty Regarding Exploitation of Non-Living Resources
(Master thesis; Mastergradsoppgave, 2013-09-02)The legal status of Svalbard and its competence to generate maritime zones has long been disputed. Article 1 of the Svalbard Treaty grants Norway sovereignty over the Archipelago and its territorial waters and Norway holds that the Archipelago constitutes a part of the natural prolongation of the mainland continental shelf and that the continental shelf therefore is subject to Norwegian legislation. ... -
The Contribution of Integrated Marine Policies to Marine Environmental Protection: The Case of Norway
(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 ... -
Convenient ship breaking: Shortcomings of environmental obligations of EU ship owners and possible solutions
(Master thesis; Mastergradsoppgave, 2020-09-14)This thesis talks about the situation regarding ship breaking of vessels owned by EU owners. It assesses the current framework and its shortcomings, before offering possible solutions. It especially analyzes the most important instruments such as the Basel Convention and the Hong Kong Convention, which is not yet in force, besides EU legislation such as the EU Ship Recycling Regulation. The possibilities ... -
Corporate Environmental Responsibility in Global Value Chains: An assessment of how the proposed EU Directive on Corporate Sustainability Due Diligence can affect the environmental responsibility of multinational companies
(Mastergradsoppgave; Master thesis, 2022-05-30)Multinational enterprises are governed by international frameworks such as the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The failure of multinational enterprises to comply with these voluntary guidelines has led to negative environmental impacts. Against this background, the European Commission has proposed an EU Directive ... -
Corporate Social Responsibility: A Global Comparative Analysis
(Master thesis; Mastergradsoppgave, 2014-05-05)The topic of the thesis is development of corporate social responsibility in a global context, and examines and compares the practice of CSR in different countries around the world. Furthermore, the question of whether or not CSR should be regulated by law is discussed. -
Corto Maltese and the Myriad Narratives of a More-than-Human Ocean: Revisiting Some of UNCLOS’ Ontological Assumptions
(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
(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 ... -
Creating compatibility between expansion of Hydropower and Conservation of Biodiversity: A comparative analysis between the stand taken by Portugal and Norway
(Mastergradsoppgave; Master thesis, 2022-05-31)Expansion of renewable energy is at the very centre of the European Green Deal. In every possible energy mix policy in the EU, it has been found that hydropower is and will continue to remain as an integral part of it. However, on the path of reaching for carbon-neutrality, the EU right now settled with this hydropower as an unavoidable renewable energy source which is not completely green. It's ... -
Creating Synergies Between Global and Regional MPA Regimes in Areas Beyond National Jurisdiction
(Master thesis; Mastergradsoppgave, 2020-09-14)The OSPAR Convention has a network of marine protected areas (MPAs) in place, covering vast areas beyond national jurisdiction (ABNJ) in the North-East Atlantic. The forthcoming international legally binding instrument on biodiversity beyond national jurisdiction (BBNJ) will introduce a global regime for MPAs in ABNJ. The question thus arises what this means for OSPAR, and how these bodies will ... -
Criteria for environmentally sustainable economic activities with a special focus on the legal significance of the technical screening criteria under the EU Taxonomy Regulation
(Mastergradsoppgave; Master thesis, 2022-05-26)The present master thesis seeks to understand what is legally required to substantially contribute and do no significant harm to the environmental objectives, of the newly adopted EU Taxonomy Regulation. A particular focus was to understand the legal significance of compliance with the technical screening criteria meant to supplement the general conditions to substantially contribute and do no ... -
A Critical Assessment of the Contribution of Integrated Ocean Management to Protection of the Marine Environment
(Doctoral thesis; Doktorgradsavhandling, 2021-08-27)This dissertation interrogates how integrated ocean management contributes to protection of the marine environment. This is analyzed through three papers that discuss three cross-cutting themes: (1) Disentangling and structuring abstract and practical variants of integrated ocean management; (2) Identifying ways of approaching and concretizing protection of the marine environment as a management ... -
A critical interrogation of the relation between the ecosystem approach and ecosystem services
(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 ... -
A Critical Perspective on the Principle of State Sovereignty Over Natural Resources and its Role in Hindering the Effective Regulation of Climate Change at the International Stage
(Mastergradsoppgave; Master thesis, 2023-05-26)This thesis explores the dual roles of states within the regime of climate change. On the one hand, as actors contributing to climate change and, on the one hand, as the primary lawmakers in this legal regime. Being the primary actors within the regime of climate change means that States, due to the principle of sovereignty and sovereignty over natural resources, have a crucial role in determining ...