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Now showing items 1-100 of 599
(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)
Published 16th December 2013 © Routledge http://www.routledgementalhealth.com/books/details/9780415659567/
(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 ...
(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 ...
Regulatory changes to renewable energy support schemes: An international investment law perspective Restricted Access
(Master thesis / Masteroppgave, 2014)
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)
(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, ...
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, 2014)
(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. ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2017)
Föremålet för granskning i detta bidrag är ett spörsmål som mig veterligen inte varit föremål för någon mer omfattande diskussion i finsk rätt, nämligen huruvida en finsk polisman äger, eller borde äga, laga befogenhet ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2017)
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 ...
(Master thesis / Masteroppgave, 2012)
This thesis attempts to explore which legal regime and which rules of protection of International Humanitarian Law are applicable in the situation of conflict in Nagorno-Karabakh region, between former Soviet Republics of ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2017)
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 ...
(Master thesis / Masteroppgave, 2013)
This thesis examines climate change, the negative impacts of climate change, and the purview of the United Nations Security Council, in order to demonstrate that the effects of climate change on international peace and ...
(Master thesis / Masteroppgave, 2012)
Consequences from intensive fossil-fuel combustion are increased GHG emissions to the atmosphere and changes in the world’s ecosystem. Considering climate change problem produced and utilized biofuel can be one of the ...
(Master thesis / Spesialoppgave, 2004)
(Master thesis / Masteroppgave, 2013)
The subject matter of this thesis is to analyze current Chinese administrative relief system effectiveness; answer the substantial and formal shortcomings of current Chinese administrative relief system. Furthermore thesis ...
(Master thesis / Masteroppgave, 2013)
This thesis focuses on kidnapping in Colombia conducted by Illegal Armed Groups and investigates whether or not these kidnappings constitutes a crime against humanity according to article 7 of the Rome Statute for the ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2017)
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 ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
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 ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2017)
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 ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2017)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2015)
I denne artikkelen drøftes folkerettslige spørsmål som kan være vanskelige å besvare, basert på forfatterens erfaringer som kurslærer i folkerett. Syv spørsmål behandles: statsansvarets «objektive» karakter, mottiltak mot ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2014)
The prohibition of the use of force is generally considered to be a jus cogens rule, which would mean that it does not permit any derogation, neither by consent nor by treaty. Yet multiple apparent derogations from the ...
(Journal article / Tidsskriftartikkel / PublishedVersion; Peer reviewed, 2014)
In the 2012-2013 legal year, eight cases from the Supreme Court concerned jurisdiction and devolution issues. Three concerned the competencies of devolved legislatures, two the right to appeal from Scottish courts, and ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
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 ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
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 ...
The influence of the World Trade Organization on the international forest regime: Russia, Scandinavia and the WTO Restricted Access
(Master thesis / Masteroppgave, 2013)
(Master thesis / Masteroppgave, 2008)
The research question of this thesis is if and to what extent international does international law allow home states to exercise extraterritorial jurisdiction over the TNCs in order to enforce internationally acknowledged ...
Proportionality: Between Theory and Reality: Review of the proportionality principle by IHL and ICL Restricted Access
(Master thesis / Masteroppgave, 2014)
This thesis aims to to examine IHL and ICL in order to establish how these areas of law deal with the principle of proportionality. It aims to reply to the question if recent case law of the ICTY establishes a new direction ...
Fradrag for tap på fordringer Restricted Access
(Master thesis / Masteroppgave, 2014)
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2020)
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 ...
(Journal article / Tidsskriftartikkel / SubmittedVersion, 2016)
This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice ...
Push- back strategies and the principle of non- refoulement Restricted Access
(Master thesis / Masteroppgave, 2014)
(Master thesis / Masteroppgave, 2013)
This paper is divided in 3 parts, Part I is about the implementation process of the UN Con-vention on contracts for the International Sale of Goods(CISG) in Norwegian legislation, the Secord Part is dedicated to the analysis ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2015)
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2018)
(Master thesis / Masteroppgave, 2012)
In recent years, the proliferation of natural resource trade has caused rising demand in supply of resource products, leading to “widespread anxiety over the security of access to natural re-source.” In context of this, ...
(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)
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 ...
(Master thesis / Masteroppgave, 2009)
(Master thesis / Hovedoppgave, 2008)
This paper examines the notion of the doctrine of humanitarian intervention and its relation with state sovereignty as the fundamental basis of the modern world order and attempts to establish whether a legal and legitimate ...
(Master thesis / Masteroppgave, 2011)
(Journal article / Tidsskriftartikkel; Peer reviewed, 2004)
(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)