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(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? Begrenset tilgang
(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 Begrenset tilgang
(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 Begrenset tilgang
(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)
(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 ...
(Chapter / Bokkapittel / AcceptedVersion; Peer reviewed, 2014)
Published 16th December 2013 © Routledge http://www.routledgementalhealth.com/books/details/9780415659567/
(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 Begrenset tilgang
(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 Begrenset tilgang
(Master thesis / Masteroppgave, 2015)
REDD+ IN COSTA RICA, WHAT CAN BE IMPROVED?: Indigenous Peoples Human Rights within REDD+ Begrenset tilgang
(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 ...
The Impact of Corruption on a Tribunal's Adjudicative Power in Investor-State Disputes under the ICSID Regime Begrenset tilgang
(Master thesis / Masteroppgave, 2014)
Regulatory changes to renewable energy support schemes: An international investment law perspective Begrenset tilgang
(Master thesis / Masteroppgave, 2014)
Pre-contractual Verbal Representations in Investment Transactions Begrenset tilgang
(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, ...
(Master thesis / Masteroppgave, 2014)
Informed Consent and the Crime of Torture Begrenset tilgang
(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, 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 Begrenset tilgang
(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)
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, 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 / 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, 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 / 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 ...
(Master thesis / Spesialoppgave, 2004)
(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 ...
(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 ...
(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 / PublishedVersion; Peer reviewed, 2017)
(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, 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, 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, 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 ...
(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 ...
The influence of the World Trade Organization on the international forest regime: Russia, Scandinavia and the WTO Begrenset tilgang
(Master thesis / Masteroppgave, 2013)
Proportionality: Between Theory and Reality: Review of the proportionality principle by IHL and ICL Begrenset tilgang
(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 ...
Push- back strategies and the principle of non- refoulement Begrenset tilgang
(Master thesis / Masteroppgave, 2014)
(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 ...
Fradrag for tap på fordringer Begrenset tilgang
(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 ...
(Book / Bok / PublishedVersion; Peer reviewed, 2015)
This book approaches water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations ...
Public Interests in International Investment Law Begrenset tilgang
(Master thesis / Masteroppgave, 2014)
This thesis addresses an issue of public interests, in particular the protection of environment, fundamental right of people to adequate conditions of life in an environment of a quality that permits a life of dignity and ...
Like Should Be Treated Alike. Marriage equality seen as human right, the case of Poland in fulfilling international obligations Begrenset tilgang
(Master thesis / Masteroppgave, 2014)
Like Should Be Treated Alike. Marriage equality seen as human right, the case of Poland in fulfilling international obligations
(Master thesis / Masteroppgave, 2015)
(Master thesis / Masteroppgave, 2012)
Foreign investors refer to arbitration for resolving their disputes with the host states. Recent practice demonstrates that the arbitral tribunals are often confronted with the question of legality of investment. This issue ...
(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 ...
Into the mind of a genocide perpetrator: An exploration of the degree of necessary genocidal intent Begrenset tilgang
(Master thesis / Masteroppgave, 2017)
(Master thesis / Masteroppgave, 2017)
The Challenge of Global Fight against International Terrorism (GFIT) on the Application of Basic Principles of IHL Begrenset tilgang
(Master thesis / Masteroppgave, 2017)
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 ...
(Journal article / Tidsskriftartikkel / AcceptedVersion; Peer reviewed, 2017)
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 ...
(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, 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)
(Journal article / Tidsskriftartikkel; Peer reviewed, 2004)
(Master thesis / Masteroppgave, 2009)
The paper offers a substantive assessment of the duties incumbent on States under international humanitarian law to provide humanitarian assistance to the civilian population under its control in time of armed conflict.
(Master thesis / Masteroppgave, 2009)
Armed conflicts result in too many atrocities being committed. Once a conflict is over, the criminal justice system of the affected country should ideally hold accountable those responsible for core international crimes. ...
(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)
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)
(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, 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)
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, 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 Begrenset tilgang
(Master thesis / Masteroppgave, 2012)
(Master thesis / Masteroppgave, 2010)
(Master thesis / Masteroppgave, 2011)
This thesis addresses the extent which freedom of expression and information (FOE/I) right have been extended to citizens in the ASEAN states. Criteria to access the conformance with international standards in FOE/I are ...