Now showing items 227-246 of 1401

    • 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 ...
    • Concept of Undertakings 

      T. Eckbo, Bendik (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 

      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. ...
    • Condictio indebiti 

      Bendiksen, Bjørn-Ivar (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. 

      Erdal, Lisa Linnea (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 

      Finska, Linda (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 

      Zadorin, Maxim (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. 

      Margat, Paul (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 

      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 ...
    • Continental shelf delimitation in areas beyond 200nm: The relationship between the CLCS, its recommendations and international Courts and Tribunals. 

      Ngonsah, Melvis Fru (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 

      Thomassen, Ida Cathrine (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 

      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 ...
    • Convenient ship breaking: Shortcomings of environmental obligations of EU ship owners and possible solutions 

      Sinemus, Eva Kristina (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 

      Karlsson, Linnéa (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 

      Mikalsen, Maiken Foss (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 

      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 ...
    • Creating compatibility between expansion of Hydropower and Conservation of Biodiversity: A comparative analysis between the stand taken by Portugal and Norway 

      Chowdhury, Rupa (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 ...