Viser treff 146-165 av 260

    • Mapping Key Past and Current Debate on Areas beyond National Jurisdiction 

      Henriksen, Tore (Chapter; Bokkapittel, 2022-01-31)
      The history of the law of the sea is part and parcel of a wider vision for the law of nation’s connection with globalization.
    • Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms 

      Tsiouvalas, Apostolos (Chapter; Bokkapittel, 2020)
      While legal progress on indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these ...
    • A Marine-Biology-Centric Definition of Ocean Connectivity and the Law of the Sea 

      Johansen, Elise; Dahl, Irene Vanja; Lott, Alexander; Nickels, Philipp Peter; Andreassen, Ingrid Solstad (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-11-23)
      The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion ...
    • Maritime Delimitation in the Indian Ocean: Has the ICJ marginalized the geological and geomorphological criteria in favor of a distance related criteria? 

      Busch, Signe Veierud (Others; Andre, 2022-03-29)
      In Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), the International Court of Justice (ICJ) was requested to establish the single maritime boundary between Somalia and Kenya in the Indian Ocean delimiting the territorial sea, exclusive economic zone and continental shelf, including the continental shelf beyond 200 nautical miles (nm). This is the fourth time an international court ...
    • Maritime Security in the Baltic and Japanese Straits From the Perspective of EEZ Corridors 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-10-29)
      This study focuses on the practice of the Baltic Sea coastal states and Japan in voluntarily limiting the outer extent of their territorial sea in straits. The reasons for the establishment of narrow exclusive economic zone (EEZ) corridors in straits are mostly related to security considerations. This article examines the consequences of such state practice for navigational regimes and for the ...
    • Maritime Security Threats and the Passage Regime in the Bab el-Mandeb 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-06-21)
      The strait of Bab el-Mandeb separates Africa from the Arabian Peninsula and is an important element in the connection of the Mediterranean Sea and the Red Sea with the Indian Ocean. The Suez Canal interlinks the Mediterranean with the Red Sea, while the Bab el-Mandeb connects the Red Sea with the Indian Ocean. In Arabic, Bāb al-Mandab stands for “the gate of tears” (Encyclopaedia Britannica), which ...
    • Mekling i barnefordelingssaker på godt og ondt 

      Nylund, Anna (Journal article; Tidsskriftartikkel, 2011)
      Mekling er et godt verktøy i barnefordelingssaker for å oppnå konfliktreduksjon mellom foreldre og robuste avtaler. Likevel kan mekling også lede til forlikspress, avtaler som ikke er i tråd med hensynet til barnets beste og saker som kan karakteriseres som "gjengangere". I denne artikkelen forsøker jeg analysere hvorfor mekling i følge undersøkelser ikke fungerer like godt i alle barnefordelingssaker ...
    • The Methodology of Formal Interpretations of Judicial Decisions by the International Court of Justice 

      Helmersen, Sondre Torp (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-10-12)
      This article examines the International Court of Justice’s methodology in cases where it interprets its own decisions under the procedure in Article 60 of the Statute. The Court is constrained by respect for the res judicata of the previous decision. When interpreting the decision the Court and its judges strive to find the intention behind a decision, and emphasise elements that include wording, ...
    • A methodology to evaluate the ecosystem approach in laws and policies 

      Schøning, Lena (Others; Andre, 2022-11-12)
      The ecosystem approach has been part of international environmental law since the 90s. Since then, the Conference of Parties to the Convention on Biodiversity has called upon nation states to implement the approach locally, nationally, and regionally. How has the ecosystem approach been implemented nationally? This blog post suggests and sketches a theoretical perspective, criteria, and methods ...
    • More Disputes ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure 

      Busch, Signe Veierud (Chapter; Bokkapittel, 2020)
      When the provisions on the Commission on the Limits of the Continental Shelf (CLCS) were negotiated during the Third UN Conference on the Law of the Sea (UNCLOS III), its role in relation to disputes was only vaguely described in the Convention text.2 To implement and operationalize its obligations and mandate provided in article 76(8) of and Annex II to the United Nations Convention on the Law of ...
    • More or Less Integrated Ocean Management: Multiple Integrated Approaches and Two Norms 

      Schøning, Lena (Journal article; Tidsskriftartikkel; Peer reviewed, 2019-09-14)
      Through a normative lens, this article investigates integrated ocean management and the multiple concepts that it involves. Although international law provides legal authority to coastal states to manage their ocean area entitlements, no single legally binding norm specific to integrated ocean management exists. Nevertheless, by combining different internationally recognized sources, this article ...
    • The MS Estonia Shipwreck Revisited: New Developments in the Protection of Underwater Cultural Heritage in the Northern Baltic Sea 

      Lott, Alexander (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-10-12)
      It is widely believed that international law does not enable to protect effectively the wreck of the ms Estonia against looting. The protection regime established under the 1995 ms Estonia Treaty is binding and violations against it can be effectively sanctioned in respect of only the nationals of its few States Parties, resulting in numerous jurisdictional gaps.<p> <p>This study argues that the ...
    • Nature Protection, Indigenous Rights, and Climate Action 

      Enyew, Endalew Lijalem; Poto, Margherita Paola (Chapter; Bokkapittel, 2021)
      Climate change is affecting indigenous peoples and their rights. However, indigenous peoples themselves are at the forefront of climate action, having protected nature for millennia, and now becoming increasingly aware of the active role they can play in the formulating and implementing processes of the international legal climate-change agenda.2 <p> <p>This chapter explores to what extent existing ...
    • Naval Blockade 

      Frostad, Magne (Journal article; Tidsskriftartikkel; Peer reviewed, 2018-08-13)
      Naval blockade is an old form of warfare where the current restatement of customary international law on this issue – the 1994 San Remo Manual – leaves something to be desired. The article considers the history of the concept and its current regulation like the requirements for establishing a naval blockade and addresses also issues in relation to its enforcement.
    • The NCLOS Blog: Conclusions of the Aurora Conference: “The limits and possibilities of sovereignty, as both the organizing logic and the central legal principle underpinning Law of the Sea and Ocean Governance (LOSOG)” 

      Gaunce, Julia Martha; Ahmad, Mazyar; Enyew, Endalew Lijalem (Others; Andre, 2021-11)
      This blog post summarizes the main findings of the Conference. The post is structured following the order of the three sessions of the Conference. Finally, the post offers overall concluding remarks
    • The New Horizons of Law and Science through the lens of the Agenda 2030 on Sustainable Development. Some Emerging Issues 

      Poto, Margherita Paola; Murray, Emily (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-12-16)
      The complex sustainability challenges of the 21st century need to be addressed through integrated interdisciplinary approaches, combining science, law, and ethics with concrete, timely, and effective solutions. This study offers a legal framework and a case study to the needs posited by the Agenda 2030 on sustainable development. Starting from an analysis of the first part of the Agenda, the article ...
    • New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel, 2021-12-13)
      <p>The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational ...
    • The Nordic countries’ law on Sámi territorial rights 

      Allard, Christina (Journal article; Tidsskriftartikkel; Peer reviewed, 2011)
    • Norske domstoler og samisk rett 

      Ravna, Øyvind (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-06-21)
      "[...] I likhet med Sametinget har også Domstolkommisjonen satt fokus på samenes situasjon i domstolene (i NOU 2019: 17 og NOU 2020: 11) og etterlyst innsikt og kunnskap hos dommere og den enkelte domstol på samerettens område. Det gjenstår å se hvordan domstolene – og særlig vår høyeste rett – vil besvare bestillingene fra Sametinget og Domstolkommisjonen."
    • The Northern Sea Route in the 2010s: Development and Implementation of Relevant Law 

      Solski, Jan Jakub (Journal article; Tidsskriftartikkel; Peer reviewed, 2020-12-09)
      The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have ...