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(Master thesis / Masteroppgave, 2020)
The right to life is a universally recognized fundamental human right guaranteed by international, regional and national laws. This right is dependent on the availability of certain standards and components, most of which ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
An important ‘stress test’ for regional human rights courts would be to see how well such courts perform when faced with authoritarian, human rights-violating regimes that they are supposed to hinder or constrain. These ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2013)
Nordic Journal of Human Rights. 2013, 31(2), 262-278 http://www.idunn.no/ts/ntmr/2013/02
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2019)
That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the legitimacy of international ...
(Master thesis / Masteroppgave, 2011)
i
Abstract
In the past decade there has been a series of conflicting
arbitration awards regarding the interpretation of the Most-
Favoured-Nation standard and if it can be extended to dispute
settlement procedure. The ...
(Master thesis / Masteroppgave, 2010)
Many scholars have advanced theories concerning the so-called democracy deficit in the European Union. The global financial crisis and the sovereign debt crisis in Europe has given a new perspective on how to view these ...
(Master thesis / Masteroppgave, 2010)
The Principle of Common but Differentiated Responsibilities (hereinafter referred to as CBDR) is one of the most effective principles in the international environmental law legal regime. It entails two elements: common ...
(Master thesis / Masteroppgave, 2014)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2018)
Human rights discourse on the rights of transgender people has to a large extent focused on access to correction of legal gender and medical preconditions for this change. Jurisdictions across the world are now beginning ...
Is the Obligation to Make Reparation for the Breach of a Jus Cogens Obligation a Jus Cogens Obligation on Itself? Restricted Access
(Master thesis / Masteroppgave, 2012)
The thesis is based on one of Italy's arguments in the proceedings before the International Court of Justice in the Jurisdictional Immunities case against Germany. The ICJ issued its Judgment recently on February 3rd, 2012. ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
The article is made available in the archive with permission from the publisher.
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2013)
According to the ICJ, ‘generic’ terms in long-term treaties were presumably intended to be interpreted evolutively. This ‘general rule’ on evolutive interpretation appears simple, but leaves unanswered questions. Moreover, ...
(Journal article / Tidsskriftartikkel / PublishedVersion, 2014)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2020)
Does the President of the Court of Justice of the European Union (CJEU) make strategic use of his members? Cases in the CJEU are prepared by a ‘judge-rapporteur’ who acts as an agenda setter. I argue that the President ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
Compte tenu de l'opposition du public au règlement des différends entre investisseurs et États (RDIE) et en tenant compte de l'avis 2/15 de la Cour de justice de l'UE précisant que tous les États membres doivent être parties ...
(Master thesis / Masteroppgave, 2016)
This paper undertakes to address an emerging conflict between women’s human rights and gender identity rights, using tools provided by the human rights framework and by the Con-vention on the Elimination of All Forms of ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
Tilgjengeliggjort med tillatelse fra Pax Forlag.
The Effectiveness of Legal Protection for Individuals Against Targeted Sanctions Imposed by the EU - An Analysis Against the Backdrop of the Kadi II Decision Restricted Access
(Master thesis / Masteroppgave, 2015)
(Master thesis / Masteroppgave, 2018)
A Dynamic Interpretation of the Principle of Equity (Art.3 UNFCCC) in the context of a New Climate Agreement Restricted Access
(Master thesis / Masteroppgave, 2014)
(Master thesis / Masteroppgave, 2011)
Each year millions of people throughout the world are forced from their homes to make way for new roads, dams and other infrastructure developments. The World Bank funds many of these projects in developing countries and ...
(Master thesis / Masteroppgave, 2008)
The North Korean refugee crisis merits significant international attention because these people are the most vulnerable group and the silent victims in our international community of the last few decades. Their government ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2012)
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
Published December 2013 © Cambridge University Press
http://www.cambridge.org/cr/academic/subjects/law/human-rights/legitimacy-international-human-rights-regimes-legal-political-and-philosophical-perspectives
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
The chapter addresses some of the tensions between sovereignty, international human rights review and legitimacy, and bring these findings to bear on the proposals for reform of the European Court of Human Rights (ECtHR) ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
The Durban Platform for Enhanced Action (ADP) provided a mandate to negotiate a new climate agreement by 2015, entering into force from 2020. This chapter examines the legal form and principles of a new agreement. It is ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
Published 16th December 2013 © Routledge http://www.routledgementalhealth.com/books/details/9780415659567/
(Master thesis / Masteroppgave, 2014)
Ethiopia, the most populous least-developed country outside of the World Trade Organization, is on the process of accession since 2003. What the potential implications of this accession will be for the financial service ...
Treatment of delays in a Norwegian subsea contract Restricted Access
(Master thesis / Masteroppgave, 2014)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2014)
Cecilia M. Bailliet, Untraditional Approaches to Law: Teaching the International Law of Peace, 12 Santa Clara J. Int'l L. 1 (2014). Available at: http://digitalcommons.law.scu.edu/scujil/vol12/iss2/1
Detention Standards in the Revised CEAS and Compliance with International Human Rights Treaty Standards Restricted Access
(Master thesis / Masteroppgave, 2015)
REDD+ IN COSTA RICA, WHAT CAN BE IMPROVED?: Indigenous Peoples Human Rights within REDD+ Restricted Access
(Master thesis / Masteroppgave, 2014)
This thesis analyses the development of REDD+ in Costa Rica. It sets out to analyse what the obligations of Costa Rica are under International Human Rights Law with regard to Indigenous Peoples at the moment of implementing ...
(Master thesis / Masteroppgave, 2014)
The increasing demand for domestic work in affluent European countries is reflected by the influx of mostly young women au pairs from non-EU/EEA countries, particularly from the Philippines. Au pairs under the 1969 ...
The Impact of Corruption on a Tribunal's Adjudicative Power in Investor-State Disputes under the ICSID Regime Restricted Access
(Master thesis / Masteroppgave, 2014)
Pre-contractual Verbal Representations in Investment Transactions Restricted Access
(Master thesis / Masteroppgave, 2014)
Regulatory changes to renewable energy support schemes: An international investment law perspective Restricted Access
(Master thesis / Masteroppgave, 2014)
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2015)
State-centric law appears ill equipped to meet human rights’ emancipatory promise in an increasingly pluralistic, unequal world facing climate change. ‘Climate justice’ has become a counterpoint to hegemonic statist, ...
(Master thesis / Masteroppgave, 2014)
Informed Consent and the Crime of Torture Restricted Access
(Master thesis / Masteroppgave, 2014)
Informed consent in medical law and the concept of torture in public international law – article 7 of the ICCPR – the only link between the two?
(Master thesis / Masteroppgave, 2015)
(Master thesis / Masteroppgave, 2015)
Analysis of the legal issues related to sea level rise in Pacific island States and review of the suggested solutions put forward in the litterature.
Stabilization Clauses in Investment Contracts Contractual Stability Mechanisms in Energy Investment Projects Restricted Access
(Master thesis / Masteroppgave, 2015)
(Master thesis / Masteroppgave, 2015)
This study sheds light on Mediation as a method of Alternative Dispute Resolution. Despite its obvious advantages, being a speedy and cheaper process with high success rate of settlement, Mediation is not broadly used in ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2015)
A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of ...
(Master thesis / Masteroppgave, 2015)
The thesis is discusses what is the scope of Umbrella Clauses. State undertakings must satisfy the condition of being investment. That is the first requirement of applicability of investment regime to state undertakings. ...
(Master thesis / Masteroppgave, 2011)
Healthcare was for long not considered a matter to be dealt with by the European Union. It was looked at as outside of the competence of the EU and the legal entitlements of the individual patient to access healthcare ...
(Master thesis / Masteroppgave, 2009)
Joint Implementation is one of three flexibility mechanisms established to allow developed countries to receive credit for greenhouse gas emissions reductions activities conducted in developed countries against net emissions ...
The ICC and Non-States Parties Restricted Access
(Master thesis / Masteroppgave, 2007)
After more than half a century¡¯s efforts, the Rome Statute of the International Criminal Court (¡®the Rome Statute¡¯) was signed on 17 July 1998 at the United Nations Diplomatic Conference of Plenipotentiaries on the ...
(Master thesis / Masteroppgave, 2012)
This thesis seeks to clarify whether or not Developed States are legally obliged to cooperate for the protection of economic and social rights. The aim is to provide an analysis of the relationship between laws and realities ...
(Master thesis / Masteroppgave, 2011)
The thesis presents some reflections regarding the potency of socio-economic rights. The paper points out the role of socio-economic rights and the interdependence of the two sets of rights. The aim of this paper is to ...
(Master thesis / Masteroppgave, 2008)
This thesis discusses about the key provisions of the TRIPS Agreement and their effects on the realization of the right to health on access to essential medicines. It explores also the relationship between the trade right ...
(Master thesis / Masteroppgave, 2006)
Det er ikke noe sammendrag
The EU-EAC Economic Partnership Agreement : The impact of EPAs on the Right to Food Restricted Access
(Master thesis / Masteroppgave, 2009)
The discussion underlying this thesis is the EU-EAC Economic Partnership Agreement and its impact on the Right to Food. The EU under the auspice of the Cotonou Agreement is negotiating new trade agreements with its ACP ...
The Prohibition Against Superfluous INjury or Unnecessary Suffering : Adjusting International Humanitarian Law to Modern Medicine Restricted Access
(Master thesis / Masteroppgave, 2011)
(Master thesis / Masteroppgave, 2009)
Armed conflicts result in too many atrocities being committed. Once a conflict is over, the criminal justice system of the affected country should ideally hold accountable those responsible for core international crimes. ...
(Master thesis / Masteroppgave, 2011)
This thesis addresses the extent which freedom of expression and information (FOE/I) right have been extended to citizens in the ASEAN states. Criteria to access the conformance with international standards in FOE/I are ...
(Master thesis / Masteroppgave, 2011)
Year 2011 has been a “freedom of assembly year” as we have not only watched the events of “Arab spring” and “Occupy Wall Street”, but UN appointed the first-ever Special Rapporteur on the rights of freedom of assembly and ...
(Master thesis / Masteroppgave, 2011)
Abstract
Adoption of the Optional Protocol to International Covenant on Economic Social and Cultural Rights proves the Universality, indivisibility, interdependent and interrelated of ESC Rights. That is, the ESC rights ...
(Master thesis / Masteroppgave, 2012)
In international environmental law, forest law is often perceived as undeveloped area of law. Major threats posed from multidimensional environmental crisis facing planet earth and the humanity: climate change, loss of ...
(Master thesis / Masteroppgave, 2010)
This thesis focuses on the case of Erdemović, which concerns the law of duress, and particularly upon the majority Judgement of Judges McDonald and Vohrah. In their Judgement, they narrow the issue before them down to ...
(Master thesis / Masteroppgave, 2008)
Corruption is a global problem that undermines the rule of law, democratic governance and sustainable development. Widespread corruption also leads to systemic human rights violations. The current legal framework dealing ...
(Master thesis / Masteroppgave, 2010)
Reducing emissions form deforestation and forest degradation in developing countries (REDD) is a climate change mitigation mechanism addressing the current environmental crisis by increasing the value of standing forests. ...
(Master thesis / Masteroppgave, 2010)
Refugees are the persons whose fundamental rights have been violated. Within refugee community, rights of refugee women have been much more violated. Refugees’ problem has existed since long time. Now this problem is ...
(Journal article / Tidsskriftartikkel; Peer reviewed, 2004)
(Master thesis / Masteroppgave, 2009)
Corporate Social Responsibility (CSR) consists of the obligation of the business society to pay attention on problems external to them, public problems, such as combating poverty and social inequity, reduction of spatial ...
(Master thesis / Masteroppgave, 2009)
The thesis examines the legitimacy of the expanding powers of the Security Council and addresses the question of whether such hypertrophy serves the purpose of strengthening the rule of law in international relations, as ...
(Master thesis / Masteroppgave, 2010)
The Member States of the European Union (EU) have developed various means of preventing irregular migration. Those Member States along the Mediterranean coast find themselves under increasing pressure to control immigration ...
(Master thesis / Masteroppgave, 2010)
Laws criminalizing defamation exists in numerous countries in the world, including some
western European countries and the United States. However, in those mentioned developed
countries these laws are usually not applied ...
(Master thesis / Masteroppgave, 2008)
Subject of this work is the implementation of the Council of Europe Convention on the Prevention of Terrorism into the Russian legislation. The Convention is called upon to fill the gap in the international instruments on ...
(Master thesis / Masteroppgave, 2008)
The thesis examines the accountability of state and non-state actors under international law of child soldiering. It argues that states and non-state actors as such must be made accountable for breaching their obligation ...
Right to free and fair elections in Azerbaijan : Electoral legislation and electoral practice of Azerbaijan with regards to international law and democracy Restricted Access
(Master thesis / Masteroppgave, 2009)
The thesis discusses the right to participate in free and fair elections and its exercise in Azerbaijan in context of international law and democracy. The main focus of the study is directed to analysis of conformity of ...
(Master thesis / Masteroppgave, 2017)
An analysis of the legal obligations for data controllers when data subjects requests the right to data portability.
(Master thesis / Masteroppgave, 2017)
(Master thesis / Masteroppgave, 2011)
In situations where an applicable norm of IHL and an equally applicable norm of IHRL seem to be in conflict with each other it is often unclear how to solve the apparent norm conflict. The principle of best protection ...
(Master thesis / Masteroppgave, 2010)
Seeking Asylum or seeking international protection is only one of many problems in today’s world. Many wars; civil wars,and the war on terror have made people seek international protection, and because of it the world is ...
(Master thesis / Masteroppgave, 2010)
The Universal Periodic Review (UPR) is seen by some as the most tangible innovation in the reform process that created the Human Rights Council in 2006 to replace the repudiated Commission on Human Rights. It is an ...
(Master thesis / Masteroppgave, 2011)
This thesis is inspired by the long lasting media and politicians’ discussions about building the Nord Stream Pipeline in the Baltic Sea. Nobody disagrees about the need of the pipeline between Russia and Europe, but there ...
(Master thesis / Masteroppgave, 2010)
This paper identifies a growing trend of the adoption of restrictive laws regulating establishment and operation of NGOs in Azerbaijan, Belarus and the Russian Federation. Broad and vague provisions often provide the ...
(Master thesis / Masteroppgave, 2011)
This study is an attempt to examine the legal status under International Humanitarian Law of children in situations of attack on targets involving them.
The thesis will also explore other relevant rules of International ...
The right of unaccompanied minors to be heard in the asylum process Restricted Access
(Master thesis / Masteroppgave, 2012)
(Master thesis / Masteroppgave, 2010)
(Master thesis / Masteroppgave, 2010)
Inspirert av FN erklæringen om at 2010 er det internasjonale året for biologisk mangfold, forsøker denne oppgaven å finne ut hvordan internasjonal humanitær rett kan anvendes for å beskytte regioner med viktige biologisk ...
(Master thesis / Masteroppgave, 2010)
The aim of this thesis is the better understanding of structural sexual violence against women. Through a human rights approach, the author examines the link between the gendered discriminatory policies against women and ...
(Master thesis / Masteroppgave, 2008)
The aim with this thesis has been to get a better understanding on how islands can affect the delimitation process.
I have divided this presentation into two main parts. First I have concentrated on the definition ...
(Master thesis / Masteroppgave, 2011)
The right to education is enshrined in numerous binding international agreements (most notably the ICESCR art. 13), and the international community has time and again expressed its commitment to fulfill universal primary ...
(Master thesis / Masteroppgave, 2011)
From 2012 international aviation is to be included in the European Union Emission Trading Scheme (EU ETS). The EU ETS has no differentiation between the airlines which means that the trading scheme applies to all airlines ...
(Master thesis / Masteroppgave, 2011)
In the Socialist Republic of Vietnam, two systems exist to handle children who come in conflict with the law – the criminal law system and the administrative law system. The latter is the system most commonly used by ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2004)
(Master thesis / Masteroppgave, 2010)
The achievement of a certain level” of environmental quality is legally formulated within the Right to a Healthy Environment. National constitutions and international instruments guarantee this right. These instruments ...
(Master thesis / Masteroppgave, 2011)
Armed conflicts with many core international crimes committed entail many suspects. There are nearly 2000 opened war crimes cases, including almost 10, 000 suspects in Bosnia and Herzegovina (BiH) as a result of the war ...
(Master thesis / Masteroppgave, 2011)
Capacity to prosecute core international crimes of genocide, crimes against humanity and war crimes is emanating and concentrated at the international tribunals. What about other places making disturbing headlines in the ...
(Master thesis / Masteroppgave, 2009)
This paper treats multilateralism as an essential tool in the implementation of climate policies. It focuses on how multilateralism can facilitate the efforts of the international community in dealing with the climate ...
(Master thesis / Masteroppgave, 2009)
When refugees flee their countries and cross the border, security ranks high among the priorities of those seeking asylum. Maintaining the purely civilian and humanitarian character of refugee camps and settlements is ...
(Master thesis / Masteroppgave, 2010)
The existence of dual system of responsibility is considered to be a constant feature of international law, which nevertheless reveals many shadow areas at the same time. If international crime is committed by a state organ ...