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 ...

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 ...

Lakseoppdrett har på kort tid blitt Norges nest største næring. Det har vært rettet kritikk mot næringen basert på negative miljøvirkninger i kystområdene. Artikkelen drøfter en reform igangsatt i 2017 med mål om bærekraftig ...

Committee coordinators face a classic delegation problem when assigning reports to their committee members. Although a few theoretical developments have focused on the effects of expertise on delegation, empirical studies ...

Artikkelen redegjør for og analyserer høyesterettsdommer om inntektsskatt i 2019, og inngår i årlige artikler om slike dommer.

States are free, yet everywhere live under international courts and tribunals (ICs). As they proliferate and gain power across ever more domains, ICs become targets of resistance and criticism that they are illegitimate ...

States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the ...

The mutual dependence between courts and their compliance constituencies is a fundamental feature of judicial power. Actors whose rights and interests are reinforced by court decisions may use these as legal ammunitions ...

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are ...

How does backlash from consolidated democracies affect the behavior of liberal international institutions? We argue that liberal international institutions have incentives to appease their democratic critics. Liberal ...

We assess the impact of the United Kingdom’s 2016 decision to leave the European Union on the Council of the European Union, where Brexit is likely to have the clearest observable implications. Using concepts and models ...

The Rohingyas are an ethnic Muslim minority group from Myanmar who have been denied basic human rights and citizenship status since the 1970s. They have been victims of several persecutions and forced to flee across the ...

An analysis of the doctrinal change effected by Article 17 of the DSM Directive, and the extent to which the goals sought have been proportionately balanced against the risks posed by its implementation.

In the field of comparative politics, France is often taken to exemplify the resilience of the centralized modern state. Stanley Hoffmann popularized this thesis by highlighting the French state’s “obstinacy” despite ...

Enthusiasm abounds about the potential of artificial intelligence to automate public decision-making. The rise of machine learning and computational text analysis together with the proliferation of digital platforms has ...

In this essay, we examine empirically whether the revised draft of the business and human rights (BHR) treaty is a normative advance on the existing jungle of global instruments. Since the 1970s, almost one hundred global ...

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using ...

Artikkelen omhandler det strafferettslige ansvaret for uaktsom medvirkning. Det redegjøres først for ulike typer bistandshandlinger og undersøkes om de faller inn under det generelle medvirkningsansvaret i straffeloven § ...

The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness ...

Under covid-19-krisen våren 2020 vedtok helsemyndighetene et midlertidig forbud for helsepersonell mot å reise utenlands. Dette utreiseforbudet var tilsynelatende i nokså klar strid med retten til å forlate riket i Grunnloven ...

The Consultative Council of European Judges (CCJE) approves the role of law clerks assisting judges in their decision making but cautions against clerks replacing judges. In this article we put CCJE’s caution to a test and ...

Under the Paris Agreement, parties self-determine their mitigation ambition level by submitting Nationally Determined Contributions (NDCs). Extant assessments find that the collective ambition of current pledges is not ...

This chapter discusses the impact of the pan-European principles of good administration on Norwegian administrative law. The chapter claims that the European Convention on Human Rights and other sources of the Council of ...

The Anthropocene and its major hypotheses reveal that in IEL there is limited appreciation that humans have begun to impact on Earth systems in their entirety. Following this, a basic proposal is made about the ability of ...

The activation of the ICC’s jurisdiction over the crime of aggression was activated, after contentious and enduring debate, on 17th July 2018. By incorporating victim participation within the ICC, the Rome Statute demands ...

The objective of this study is first to identify the main practical problems in international construction investments and then to examine and reveal the specificities of construction contracts within the context of ...

Barneloven har blitt endret flere ganger de senere år med formål om å styrke barneperspektivet i foreldretvister og gi barn økt beskyttelse mot vold og overgrep. I 2013 avsa Høyesterett en dom som gikk langt i å nekte far ...

I artikkelen gjøres rede for det vedtatte statsbudsjettet for 2019 på rettsområdene til FAB, samtidig som vedtakene ses i sammenheng med de forhandlingene som fant sted i Stortinget mellom mindretallsregjeringen bestående ...

The UN Convention for the Rights of the Child (CRC) has emerged as a central yardstick in assessing policies and practices concerning children. Norway has incorporated the convention in domestic law and performs exceptionally ...

Purpose The purpose of this paper is to paint a general picture of the asset confiscation regimes used in Europe and to outline potential challenges, practical and related to issues of principle, associated with the current ...

Artikkelens formål er å kartlegge statusen til rettslige friheter – fraværet av rettslig plikt – ved å undersøke og imøtegå tre ulike påstander om at de er rettslig irrelevante. De to første, fremsatt av Alf Ross, rammer ...

In 2017, former Peruvian president Alberto Fujimori was pardoned after serving less than half of a 25-year sentence for human rights violations. The measure was taken amidst political turmoil and an impeachment process led ...

Gender stereotypes—stylized expectations of individuals’ traits and capabilities based on their gender—may affect the behavior of diplomats and the processes of international negotiations. In a survey experiment in the ...

Norsk rettsteori har lenge fulgt Torstein Eckhoff i å hevde at enhver kollisjon mellom to plikter kun er tilsynelatende og vil fjernes gjennom en harmoniserende tolkning. Artikkelen kontrasterer denne etablerte modellen ...

The Norwegian constitution is the second oldest living constitution in the world, and the country’s Supreme Court was also the second in the world to judicially review legislation. Yet, Norway’s deep constitutional history ...

The article draws attention to how integrative interpretation – a methodology where the European Court of Human Rights integrates its normative environment into the interpretation of the European Convention of Human Rights ...

This article provides a comprehensive overview of the modalities and procedures for the effective operation of the committee tasked to facilitate implementation of, and promote compliance with, the provisions of the Paris ...

How mental disorder relates to criminal insanity is a contested matter. Norway has a tradition of using a ‘medical model’ for the definition of criminal insanity that is unique in an international perspective. According ...

Artikkelens formål er å bidra med rettssosiologisk innsikt i studiet av internasjonal strafferett og til en dypere forståelse av ICCs (Den internasjonale straffedomstolen) «krisetilstand». Analysens første del tar for seg ...

Legislative changes can be crucial for implementing human rights. This article investigates how the need for legislative changes influences compliance with European Court of Human Rights (ECtHR) judgments. I argue that the ...

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s ...

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 ...

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards for international institutions ...

This paper investigates the empirical relationship between countries’ expressed concerns with fairness and the ambition levels in their pledged contributions (NDCs) to the Paris Agreement, asking the following questions: ...

The concept of ‘Circular Economy’ (CE) has gained a great deal of attention in the last five years and has become the new all-encompassing notion for sustainable public policies. There is to date no commonly agreed definition ...

Analysing the Coalition states' invocation of self-defence in Syria to demonstrate that the law as set down by the International Court of Justice has not been followed, as a result of the political impact of 9/11

The Fourth Geneva Convention prohibits the forcible transfer or deportation of civilian populations and classifies this action as a grave breach of the laws of war. However, attempts to prosecute this grave violation are ...

The IPCC acknowledge the Carbon Capture and Storage (CCS) and Ocean Fertilization activities as necessary measures to mitigate global warming. Yet, these activities impose risks to the marine environment. EIA is a legal ...

The adverse impacts of climate change are causing unprecedented challenges related to climate induced displacement. The current response in international law is, however, insufficient and leaves a legal protection gap. As ...

The UN styles itself as a global champion of whistleblowers. Yet it has been criticised for not providing enough protection for its own whistleblowers. In an effort to address this, the UN recently introduced substantial ...

The topic for this thesis is related to EU competition law and the calculation of fines under Article 14 (3) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings ...

Peruvian courts convicted those most responsible for acts that constitute or amount to international crimes committed during Peru’s internal conflict (1980–2000), namely, ex-leaders of the terrorist organisation Shining ...

Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr), illustrate ...

The initiative for a ‘Global Pact for the Environment’ has over the course of the last year evolved into a global discourse. The United Nations (UN ) General Assembly, the UN Secretary‐General, UN Environment Programme, ...

Artikkelen redegjør for og analyserer høyesterettsdommer om inntektsskatt avsagt i 2018, og inngår i en rekke av årlige artikler om slike høyesterettsdommer.

This paper focuses on the ways in which investment tribunals constituted under intra-EU BITs and the Energy Charter Treaty (in an intra-EU dispute) have reacted to the Court of Justice’s Achmea judgment of 6 March 2018. ...

This overview illustrates that there is a gap in our knowledge of how domestic courts handle investor-State disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating ...

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 ...

In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, ...

The aim of this article is twofold. The first aim is to provide a comparative overview of the domestic anti-avoidance rules with specific reference to Brazil, Colombia, South Africa and Uruguay to evaluate the application ...

How has the research on the European Council and the Council of the EU engaged with Moravcsik's theory on liberal intergovernmentalism (LI)? This article analyzes 25 years of Council research. Most of this literature does ...

Artikkelen gjør rede for og diskuterer et utvalg rettsspørsmål som gjør seg gjeldende ved utnyttelsen av undergrunnen til energibrønner. Den viser at energibrønner utfordrer den tradisjonelle læren om eiendomsrettens grenser ...

The divide between hard law and soft law approaches to global regulation of corporations in relation to human rights is partly based on empirical assumptions. Taking a step back, we assess the claims concerning the current ...