A decarbonization of the energy sector calls for large new investments in renewable energy production, and several countries stimulate renewable energy production through economic instruments, such as feed-in premiums or ...

Liability in a ship-to-ship collision subject to Norwegian law can only be imposed if the tortfeasor has exhibited fault. As strict liability in no circumstances can be applied, collision liability is subject to the ...

The Nordic Marine Insurance Plan 2013 (NP) Version 2016 has been revised and published in a new Version 2019, which will apply from January 2019. An important part of the revision has been to the cover for intervention by ...

The advent of the Paris Agreement (PA) to the United Nations Framework Convention on Climate Change (UNFCCC) has attracted opposing points of view. It was perceived by some as a substantial victory for the global climate, ...

The paper makes an initial inquiry into the promising way of reforming IIL by the use of comparative and more advanced analogies from private law. According to its initial premise, the use of private law sources and analogies ...

Artikkelen omhandler forholdet mellom henholdsvis kjøperens og selgerens boligforsikring og boligselgerforsikringen når det foreligger en kjøpsrettslig mangel ved salg av bolig. Dette reiser flere problemstillinger: For ...

This article presents the natural damage insurance scheme that was established in Norway in 1979. Together with the state-financed compensation scheme for natural damage, the insurance scheme forms the central part of the ...

The Norwegian Maritime Code (MC)1 Chapter 13, on the carriage of general cargo, primarily regulates the relationship between the carrier and the cargo. There are also, however, important rules on the obligations – and ...

Den sovjetiska oljetankern Tsesis grundstötning i Stockholms skärgård för drygt 40 år sedan är fortsättningsvis intressant av flera olika anledningar. För det första är det få olyckor som är så starkt associerade till ett ...

In 2016, the Norwegian Supreme Court decided that the law applicable to a seaman’s employment contract is the law of the flag of the vessel on which he served – HR-2016-1251-A. At this stage it is sufficient to state the ...

This article examines the use of the prosumer concept in European energy law. The prosumer is a participant in the energy system who both produces and consumes energy. While academic interest in the prosumer in an energy ...

Following the severe downturn in the offshore market, almost all shipowners with foreign vessels time chartered to PETROBRAS in Brazil were hit unexpectedly by offhire and early termination notices without compensation by ...

The topic for this article is the rules on duty to contract in the Norwegian Insurance Contract Act 1989/69 (ICA) § 3-10 and § 12-12.1 Duty to contract may be absolute or partial. Absolute duty to contract means that the ...

Artikkelen omhandler spørsmålet om forsikringsselskapenes kontraheringsplikt etter fal. § 3-10 og § 12-12. Bestemmelsene kom inn i fal. ved en lovendring i 2008 i forbindelse med at selskapene i stadig større grad avslo ...

The focus of this article is on the regulatory relationship between the EU and the Arctic. Following a brief review of the recent Arctic policy documents from a shipping perspective, the following section assesses the ...

The Brussels I Regulation is crucial for the effectiveness of EU competition law in the field of private enforcement because it provides a legal framework for the recognition and enforcement of judgments in civil and ...

Carbon capture and storage (CCS) has been heralded as a vital tool in the global fight against climate change, with a crucial role in tackling CO2 emissions whilst ensuring energy security. Except where infrastructure is ...

This article gives an overview of a pending claim before the Norwegian claims that petroleum licences granted in the Barents Sea are invalid due to not taking sufficient account of climate consequences. The legal basis of ...

Lokal sedvanerett påberopes ikke så sjelden i tingsrettslig sammenheng, især vedrørende ferdsel, beite, jakt og fiske – og i de fleste tilfeller som alternativ til hevd, alders tids bruk eller festnede rettsforhold. I ...

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Naturskadeforsikringsloven er, med virkning fra 1. januar 2018, nå endret slik at en eier av bolig- eller fritidshus som får huset skadet i en naturulykke, også får rett til erstatning for tomten der det ikke gis tillatelse ...

I kontraktsrettslig argumentasjon henvises det ofte til begreper som alminnelige kontraktsrettslige eller obligasjonsrettslige prinsipper, alminnelige kontraktsregler, fundamentale kontraktsgrunnsetninger, eller lignende. ...

Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that ...

Corrupt public officials in certain ports are known to sometimes make demands for payments in order for ships or cargo to be processed. Such a demand results in a dilemma for the ship owner and charterer in that resisting ...

Plenumsavgjørelsen i Havnearbeiderdommen gjaldt konflikten mellom etableringsfriheten jf. EØS-avtalen artikkel 31 og registrerte havnearbeideres fortrinnsrett til å utføre havnearbeid (godshåndtering) jf. ILO-konvensjon ...

Artikkelen tar opp en prosessuell felle i tvisteloven som kan bli aktualisert i internasjonale sivilrettslige tvister. Innstilling av en sak i forliksrådet kan som ytterste konsekvens resultere i at en norsk part må ...

This is the author-produced PDF of an article, accepted for publication in Journal of International Maritime Law, following peer review. The Version of Record "Unmanned ships and the international regulatory framework", ...

Recent developments, such as the OW Bunker litigation and the furore surrounding the Australian decision in the Sam Hawk, have made it particularly necessary to re-examine the tenuous relationships and terms which underpin ...

International rules on the safety of shipping have heavily relied on the commercial practices of the various actors and stakeholders in the business. In particular, States have depended on the role of classification societies ...

The primary purpose of this study is to identify the jurisdiction and applicable law over individual employment contracts at sea in Europe Union and Norway and provide guidance for seafarers on obtaining better protections. ...

Salvage standard forms are not the only option to be chosen in emergency cases. Depending on circumstances, other types of contractual arrangement can be sought. Ascertainable or fixed priced agreements (lump sum, hourly ...

The oil industry is no doubt facing challenges following the low crude price that since mid 2014 have affected the market. This has likely increased the need to monetize assets, vertically integrate businesses or seek other ...

The legal dispute is whether there exists a legal obligation to update the ECDIS application software for vessels relying on ECDIS as the primary means of navigation. The following is a condensed exposé of the legal dispute: ...

his thesis gives a detailed definition of the off-hire clause1. This is done in the thesis by comparing the meaning of off-hire in different charter parties such as NYPE2, BIMCO3, Baltime4, Supplytime5 and Shelltime6. As ...

Effektivt internasjonalt samarbeid kan fordre at Norge overfører lovgivende, utøvende eller dømmende myndighet til internasjonale organer – for eksempel til internasjonale handelsdomstoler eller til EUs forvaltningsbyråer. ...

I 2015 fremla regjeringen et utkast til norsk modellavtale for bilaterale investeringstraktater med voldgiftsklausul. Et viktig siktemål bak arbeidet med modellavtalen er at Norges løsning også skal kunne danne basis for ...

A comparative study of the evolution of liability through the main international conventions and market practice

The thesis examines and compares the liabilities of a CIF seller under English law and a Carrier under the Norwegian Maritime Code Section 300, towards a buyer who has acquired a misdated bill of lading.

The Maritime Labour Convention, 2006, (MLC, 2006) was adopted 23rd February 2006 by the 94th International Labour Conference (ILC) of the International Labour Organization (ILO). The MLC, 2006 sets out minimum requirements ...

Overseas employment workers play an important role in Philippines economy. Nearly ten percent of GDP is contributed by overseas workers remittances. According to the POEA 2010-2014 statistic report, over 400,000 Filipino ...

English law most likely is still and will continue to be prominent in the world of shipping. That is why an English court decision, especially one that is related to shipping, may be of significant importance to the world ...

This Master Thesis was created because of great personal interest towards marine insurance as such ans cargo insurance in particular. The purpose of this work is to give a proper overview of three legal fields - Norwegian, ...

One of the most complex legal issues arises in the international maritime carriage of goods. The reason of this can be found in the variety of relations in the field and in the different nature of the sources of its legal ...

The industry of shipping reaches far back in time but the traditional view with a shipowner offering his services is a mere memory. Developing from one actor offering all services more and more players have taken a role ...

International sales of commodities, often involve large sums of money and large shipments of goods. The CIF contract has been chosen as subject for my analysis on the ground that it is the contract most commonly used in ...

The carriage of LNG by vessel has become a significant business among the shipping industry. Challenging economic situations as the currently oil crisis or disagreements between gas producers and its neighboring countries ...

A development of a status of marine insurance warranties in the English law has been a lengthy process. Since the XVIII century, the English insurance warranty regime was governed by such rigid rules, as: the strict ...

A comparative study of the remedies given the innocent party under Norwegian and English law when faced by a breach of contract in terms of non-payment of hire and delay in the delivery of a vessel under time chartering ...

Piracy is a global phenomenon: an International Maritime Organization (IMO) report advances that in 2013 there were alleged incidents of piracy in areas ranging from the Arabian Sea, the South China Sea, and West Africa ...