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

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 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 ...

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 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 ...

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 ...

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 ...

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 ...

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 ...

This article looks at the role that the European Parliament (EP), as the only democratically elected EU institution, plays in ensuring transparency in the EU’s newly concluded free trade and investment agreements (FTIAs). ...

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 ...

The article is made available in the archive with permission from the publisher.

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 ...

The EU’s new Free Trade and Investment Agreements (FTIAs) are meant to tackle many of the issues that led to the contestation of international investment law, by increasing the control of the contracting parties over the ...

Is the recognition of a non-state armed group as the government of another state a violation of international law? On the face of it, the international law is quite straightforward on this issue. The principles of state ...

An analysis of the legal obligations for data controllers when data subjects requests the right to data portability.

The discussion pursues three themes. In section 2, we present how ‘vulnerability’ may be conceptualised in different ways—as a general human condition, or a characteristic of some groups of people. We then turn to how the ...

Denne artikkelen belyser rollen som tildeles den som undersøker materiale sikret etter reglene i tvisteloven kapittel 28, og det foretas en komparasjon med beslag av digitalt lagret materiale i straffesaker, der materialet ...

This is an Accepted Manuscript of a book chapter published by Routledge in Queering International Law: Possibilities, Alliances, Complicities, Risks on 2017-07-14, available online: https://www.routledge.com/Queering-Int ...

Hva er en rettskilde? Selv om spørsmålet kan fremstå enkelt, åpner det opp for utallige svar. Svaret vil blant annet variere mellom ulike rettsanvendere og rettsanvendergrupper. Om det kan antas at enkelte argumentkilder ...

Unaccompanied asylum-seeking minors are exceptionally more vulnerable than adult refugees and children in a normal situation. Most unaccompanied children have personally lived the realities of war, family disintegration, ...

De høyeste domstolene i Norden har blitt omtalt som konstitusjonsdomstoler. Artikkelen setter vår egen høyesterett inn i et nordisk perspektiv med særlig vekt på oppgaver av konstitusjonell karakter, særlig domstolskontroll ...

The principle of legality is an integral part of international criminal law (ICL). International criminal courts and tribunals (ICCTs) have applied a ‘soft’ version of legality that has seldom operated as a meaningful curb ...

It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness, or tribunal secretary. If this ...

This paper attempts to demonstrate a new legal norm of States’ right to renewable energy for environmental protection in international law, and to discuss the potential normative conflict between this right and the WTO ...

The worldwide obesity and non-communicable diseases pandemic (NCDs) is an alarming public health concern – especially in lower- and middle-income countries – and the international community has reacted calling for prompt ...

This article takes as a point of departure that transnational police cooperation agreements and practices change what we might call the police worldview. This may further impact on the way nation state police forces deploy ...

This thesis examines the evolution of the protection of women against domestic violence in Brazil, influenced by the performance of the Inter-American Human Rights system in protecting the rights of women in the region. ...

The preliminary reference procedure under which the Court of Justice of the European Union (CJEU) responds to questions from national courts regarding the interpretation of EU law is a key mechanism in many accounts of the ...

Artikkelen gir en kritisk analyse av Solberg-regjeringens reformforslag på diskrimineringsfeltet. Det er foreslått omfattende endringer både i det materielle regelverket og i håndhevingen av det. Endringene berører både ...

Skattespørsmål knyttet til aksjonærs private bruk av eiendel eid av selskap ble vurdert av Høyesterett i Storhaugen-dommen i 2003 og senere i en rekke dommer. Artikkelen argumenterer for at den såkalte Storhaugen-metoden ...

Straffeprosessutvalget leverte sin utredning i november 2016, om lag to år og fire måneder etter oppnevnelsen. Dette er alt for kort tid til å utarbeide et forsvarlig grunnlag for en helt ny straffeprosesslov. Den forrige ...

Following the 9/11 attack, the world entered in to a global fight against terrorist organizations and state sponsoring terrorism. The fight has started in 2001 in Afghanistan against Al-Qaeda and Taliban and later extended ...

In a post-Cold War era characterised by globalisation and deep interdependence, the actions of national governments increasingly have an effect beyond their own territorial borders. Moreover, key agents of global ...

This article demonstrates that tax avoidance via controlled foreign companies (CFCs) established in the most favourable tax environments among EU Member States such as Ireland, Luxembourg, the Netherlands, and Cyprus, ...

Artikkelen tar for seg hvordan juridisk kjønn er regulert i norsk rett etter innføringen av lov om endring av juridisk kjønn i 2016. I forbindelse med den nye loven ble det anbefalt å utrede et tredje juridisk kjønnsalternativ. ...

International organizations (IOs) have developed into important policy venues beyond the state. Yet our understanding of the broader dynamics of IO policy-making is limited. This article offers the first comparative analysis ...

I det følgende presenteres et utvalg av problemstillinger knyttet til bevissikring som samlet demonstrerer et behov for å reformere tvistelovens gjeldende regler på dette området.

Since 1998, non-state actors have had access to submit an ‘amicus curiae’ brief to the WTO DSM. Like other forms of non-state actor involvement in the WTO, amicus curiae access has been controversial. Despite this controversy, ...

This article examines the resource management design of international courts (ICs) and asks: how are ICs designed in terms of the management of resources and what factors contribute to the resource management design of ...

This chapter addresses the theory and practice that help to determine how and when the international human rights judiciary (IHRJ) can promote the human rights role of national parliaments. In the first part it asks: what ...

Brexit is likely to be a major chapter in the history of European integration. Clearly, the most important consequences will concern the UK itself, but losing one of its largest members is also a momentous occasion for the ...

This material has been published in Moral and Political Conceptions of Human Rights: Implications for Theory and Practice edited by Reidar Maliks and Johan Karlsson Schaffer. This version is free to view and download for ...

The introduction of an International Criminal Law Section (ICLS) to the prospective African Union (AU) African Court of Justice and Human and Peoples’ Rights (ACJHR) has sparked academic debate. However, discussion of ...

In this article, ‘judicial communication’ refers to the reference made by a judiciary, during the process of adjudication, to the decision and/or practice of another judiciary. This contribution looks into the communication ...

What might the Inter-American Court of Human Rights (IACtHR) gain from a ‘judicial dialogue’ with the European Court of Human Rights (ECtHR) in the form of borrowing the ECtHR’s margin of appreciation doctrine? Arguably, ...

Within a framework of mandatory targets, obligations to adopt plans, and a regime of country reports and monitoring, as set out in EU’s Renewable Energy Directive 2009/28/EC, Member States of the EU have had relative ...

Barns med- og selvbestemmelsesrett har vært tema flere ganger i FAB, ofte rettet inn mot helsespørsmål. På dette området foreligger nå viktige lovendringsforslag som skal presenteres og vurderes. Samtidig gis en oppdatert ...

I. Introduction. II. Definition of Crimes Against Humanity and its Relationship with Serious Human Rights Violations. III. Relationship Between Serious Human Rights Violations and Crimes Against Humanity Under United Nations ...

On 27 September 2016, the International Criminal Court (ICC) Trial Chamber VIII convicted Ahmad al-Faqi al-Mahdi of the war crime of attacking protected objects (ICC Statute, article 8(2)(e)(iv)) (‘the war crime’). 1 ...

In the scope of the current revision process of the diagnostic manuals Diagnostic and Statistical Manual of Mental Disorders (DSM) and International Statistical Classification of Diseases and Other Health Problems (ICD), ...

I denne artikkelen gjøres det rede for det vedtatte statsbudsjettet for 2017 på rettsområdene til FAB, samtidig som vedtakene ses i sammenheng med samarbeidserklæringen fra de fire partiene som utgjør stortingsflertallet ...

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account ...

Frykten for terroraksjoner og fremmedkrigere som reiser fra de nordiske land til Syria eller andre konfliktområder i verden, har de siste 3-4 årene ledet til en rekke tiltak. I Norge har Justisdepartementet foreslått nye ...

I argue that the transparency reforms that have been implemented in the Council of the EU in the last decades are unlikely to change the perception of the Council as a non-transparent institution. My argument is based on ...

The call for an appellate mechanism in international investment arbitration is located within a broader debate concerning judicial review of international adjudicatory decisions. Existing avenues of setting aside, refusal ...

The establishment of a marine protected areas as area-based management tools have had a significant contribution to the conservation of marine ecosystems. The concept of MPAs is a paramount part of the package deal negotiated ...