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Testing the Limits of Jurisdiction in Investor-State Arbitration in Svalbard's Waters: Peteris Pildegovics and SIA North Star v. Kingdom of Norway
In: Arctic review on law and politics, Volume 12, p. 167-171
ISSN: 2387-4562
On 1 April 2020, the Latvian fishing company SIA North Star and its owner Peteris Pildegovics initiated an investor-State arbitration against Norway (Peteris Pildegovics and SIA North Star v. Kingdom of Norway) at the International Centre for Settlement of Investment Disputes (ICSID). This case is not only Norway's first ever ICSID case, but also the first publicly known investor-State arbitration in which an operator of a fishing vessel has brought a claim against a coastal State for allegedly unlawful exercise of prescriptive and enforcement jurisdiction in relation to fisheries. The case raises intricate questions concerning the limits of jurisdiction ratione materiae and jurisdiction ratione personae of investment tribunals.
«Law in books» er ikke nødvendigvis «law in practice»
In: Tidsskriftet Norges barnevern, Volume 98, Issue 3, p. 162-163
ISSN: 1891-1838
Norwegian Courts and Sámi Law
In: Arctic review on law and politics, Volume 12, p. 179-185
ISSN: 2387-4562
For decades, Norway has been viewed as a role model when it comes to safeguarding Sámi rights as an Indigenous people in the Nordic Countries. Among other reasons, this is because Norway is the only country with a Sámi population that has ratified ILO Convention No. 169. Also, Norway has adopted a particular land law where one of the purposes is to survey Sámi rights to land and water. It is also said that Norway has worked actively to ensure adoption of the 2007 UN Declaration on the Rights of Indigenous Peoples. Norway has gained international recognition for this work, among others from former UN Special Rapporteur on the Rights of Indigenous People James Anaya, who in his report on the situation of the Sámi people in Norway, Sweden and Finland, stated that Norway, since passing the Finnmark Act 2005, has set an important example for the other Nordic countries (para 44).
From Arctic Science to International Law: The Road towards the Minamata Convention and the Role of the Arctic Council
In: Arctic review on law and politics, Volume 9, p. 226-243
ISSN: 2387-4562
The Minamata Convention, which entered into force on 16 August 2017, is a global, legally binding instrument on mercury. The initiative on the Minamata Convention was mainly driven by research showing negative effects on human health and the environment in the Arctic. The Arctic Council, an intergovernmental forum promoting cooperation on Arctic issues, and its Working Group, AMAP, played an important role in the process leading up to international negotiations on the Minamata Convention. This paper elucidates the evolutionary process in which scientific knowledge, herded by an intergovernmental, regional forum, is involved and forms the basis for a legally binding agreement. The paper provides new insight on multilevel governance of the mercury issue and unravels the role that AMAP has played in this dynamic process.
The Duty to Consult the Sámi in Norwegian Law
In: Arctic review on law and politics, Volume 11, p. 233-255
ISSN: 2387-4562
This article deals with the duty to consult indigenous peoples and the obligation to involve these peoples in decision-making processes in matters that concern them. After a general review of international legislation and obligations, particularly the ILO Convention no. 169 on Indigenous and Tribal Peoples, the article focuses on how these obligations are implemented towards the indigenous Sámi in Norwegian law. Here, the consultation agreement from 2005 and the Sámi Rights Committee's 2007 draft are still central. The review includes an analysis of the extent to which these duties meet international law requirements, and a deliberation on the concept of free, prior and informed consent.
Sámi Law: A Methodological Approach
In: Arctic review on law and politics, Volume 11, p. 215-232
ISSN: 2387-4562
Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.
Legitimacy in International Society
In: Internasjonal politikk, Volume 64, Issue 4, p. 565-569
ISSN: 0020-577X
International Systems in World History. Remaking the Study of International Relations
In: Internasjonal politikk, Volume 59, Issue 3, p. 427-433
ISSN: 0020-577X
International Regulations and Guidelines on Transboundary Salmon Stocks: Case Study of the Tana River
In: Arctic review on law and politics, Volume 11, p. 157-188
ISSN: 2387-4562
The year 2019 was "the international year of the salmon" (IYS). The overarching aim was "to inform and stimulate outreach and research that aspires to establish the conditions necessary to ensure the resilience of salmon and people throughout the Northern Hemisphere;" further, to bring people together, share and develop knowledge, raise awareness and take action. This article is intended as a contribution to this goal. The article discusses how international law: the Law of the Sea Convention, the Convention on Biological Diversity and the Convention for the Conservation of Salmon in the North Atlantic Ocean relate to conservation and management of wild salmon. The article has a special focus on bilateral cooperation on salmon stocks in boundary/transboundary rivers, and using as a case study the Tana river in Norway and Finland.