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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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: ...

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 ...

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 ...

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

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, ...

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 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 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 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 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 ...

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 ...

The paper focus on the material rules and circumstances in Norway in light of Norway’s international obligations. The balancing of the right to freedom of expression and the protection against hate speech is central. In ...

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 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 ...

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 ...

Objektivitet er en av rettssikkerhetens mest fundamentale prinsipper og gjelder for hele straffesakskjeden fra mistanke om straffbar handling til dom. Kravet om objektivitet henger sammen med den materielle sannhets prinsipp ...

Assuring successful delegation from elected representatives to unelected bureaucrats is an essential part of contemporary democratic governance and, to do so, politicians typically rely on administrative institutions that ...

The mobile courts in the eastern Democratic Republic of Congo (DRC) have been implemented with the financial and logistical support of the international community since 2004. Due to earmarked funding and the international ...

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 ...

Among internationalcriminal tribunals(ICTs), the International Criminal Court (ICC)for the first time introduced victim participation and reparationsfor victims. Against potential African withdrawals from the ICC-Statute, ...

This article demonstrates that after the seemingly incorrect implementation of Articles 7–8 of the ATAD, the Polish CFC rules have become blatantly incompatible with the free movement of capital to the extent of their ...

The terms and conditions of the WTO fall-back option and the extent to which the WTO could act as a safety net for the UK’s future economic relations depend, to a great extent, on successful negotiations with all other WTO ...

In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights has dismissed more than 12.000 applications due to the fact that given that they were not only repetitive in nature, but also ...

The Internationalists is a fascinating book. The authors present a clear proposition about the significance of the 1928 Pact for the Renunciation of War for a more peaceful world. My focus is on the role of what the authors ...

While 10 years is too short a time to draw broad conclusions, the ERC does seem to have succeeded in promoting excellent and basic research in Europe, both through its own projects and by affecting standards and aspirations ...

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 ...

In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment ...

On 24 March 2017, Trial Chamber II of the International Criminal Court issued its reparation order against Germain Katanga in favour of victims of crimes for which he had been convicted. The present article analyses this ...

This article presents a study of the retroactive application of tax information exchange agreements (TIEAs) in Brazil, Colombia, South Africa and Uruguay, with a view to articulating policy recommendations for similar ...

I artikkelen klargjøres begrepet «avgjørelsesgrunnlag» og det trekkes et skille mellom faktisk og rettslig avgjørelsesgrunnlag. Deretter presenteres ulike innfallsvinkler til vurderingen av hva som er et godt avgjørelsesgrunnlag, ...

Det er heller praksis enn unntaket at barn forklarer seg om hendelser som kan værestraffbare, til ulike aktører før et tilrettelagt avhør finner sted. Ettersom påvirkning kanvære en betydelig faktor i forbindelse med slike ...

In this time of public administration and regulation of groundwater resources – does ownership still matter for public access to water and sustainable use? During the last decades, several European national legislations ...

Following the Lisbon changes to the EU’s Common Commercial Policy (CCP), the path was set for the EU to conclude international agreements that cover the protection of foreign direct investment and to participate in ...

These comments address three themes concerning Oona Hathaway’s and Scott Shapiro’s The Internationalists (Hathaway and Shapiro 2017), a great contribution to scholarship about international relations, international law and ...

Artikkelens formål er todelt. Den søker først å redegjøre for grunntrekkene i rettighetsanalysen til Wesley N. Hohfeld, og deretter å rette Hohfelds analytiske verktøy mot et utvalg rettsspørsmål. Anvendelsen demonstrerer ...

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 ...

Advisory opinions may be considered to challenge sovereignty because they often address political issues which may be contentious at the national level. This paper argues that the Inter-American Court of Human Rights is ...

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 ...