This article explores some of the ways in which marine genetic resources conceptually and normatively intersect with the concept and idea of commons. Through an analysis of the terminological ambiguities and semantic slippages characterizing the usage of the concept of commons in international law, the article addresses questions relation to the idea of global commons and to the multiple reciprocal ...

This article offers a critical interrogation of the relationship between two emerging conceptual frameworks whose importance has grown quickly within the context of international environmental law: the ecosystem approach and ecosystem services. Both premised on the concept of the ecosystem, their origin is parallel, but their present and future is convergent and increasingly intertwined. The ecosystem ...

The question this article wishes to raise, albeit in a preliminary and exploratory manner, is whether or not the Arctic, due to its special ecological circumstances, should be regulated in some special ways within the context of the new BBNJ agreement. Taking as the starting point some of the existing special rules adopted under UNCLOS and the IMO to account for special ecological circumstances, ...

It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the ...

Forfatterens utgangspunkt er at overgang til tidsuavgrensede fisketillatelser i kystfiskeflåten vil være skjellsettende. Denne type tillatelser har hittil bare vært brukt i havfiskeflåten, men har manglet legitimitet i kystfiskeflåten. I denne flåtegruppen har eksklusiv høstingsadgang for et begrenset antall fartøy bare vært et lovlig virkemiddel for ett år av gangen, jf. deltakerloven § 21. I NOU ...

The present contribution explores aspects of good governance on the global dimension with participation as one of the key elements of a well-governed system, focusing on the Arctic Council’s (AC) commitment to enhance indigenous peoples’ participation in the environmental decision-making process. <br> The paper starts with a reflection on the revolutionary impact that new technologies have had ...

The right to Permanent Sovereignty over Natural Resources (PSNR) emerged in the era of decolonization. As a reaction to the irresponsible exploitation of natural resources by colonial powers, peoples under colonial rule and newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced these claims ...

I artikkelen analyseres gjeldende regler for mekling i konflikter om omsorgsorganisering. Forfatteren diskuterer så vel organiseringen av meklingen som formålet med meklingen. Et sentralt utgangspunkt er at meklingen i større grad må tilpasses familier med underliggende problematikk og at dette forutsetter en kartlegging av bakgrunnen for det høye konfliktnivået i familien. Forfatteren analyserer ...

Oceans are of vital importance to the international community, not only for their living and non-living resources and the shipping and other maritime uses they facilitate, but also for the key role they play in the global climate and weather system. The marine environment, its resources, and its biodiversity are increasing threatened by human activities, both maritime and terrestrial. Anthropogenic ...

May life be taken in order to defend other values than life and health? Until the new provision on the right to life in the Norwegian constitution, Norwegian law would seem to have allowed for this, whereas our obligations under international law, especially under the European Convention on Human Rights, would seem to prohibit it. This text argues among others for a revision of the penal law ...