Anglo-Scandinavian law dictionary of legal terms used in professional and commercial practice
In: Scandinavian University Books
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In: Scandinavian University Books
In: Arctic review on law and politics, Band 12, S. 222-237
ISSN: 2387-4562
This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article's content and structure, which takes the form of explorations of anthropocentric connectivity in relation to four specific ocean-related human activities. First, Jan Solski applies understandings of connectivity as "flow" in the context of strategic ocean geopolitics. Second, Iva Parlov analyzes current doctrinal issues and interactions at the international level with respect to the legal regime for places of refuge for ships in need of assistance. Third, Maria Madalena das Neves examines ocean connectivity in the context of transboundary energy trade and market integration, with particular attention to geopolitical and ecological connectivity. Finally, Julia Gaunce proposes that the making and application of transnational rules and standards for ships in polar waters enhances certain connections and disrupts others, to the detriment of oceans and people, and that broadening connectivity especially in respect of Arctic Indigenous people(s) could help address challenges faced by oceans and ocean governance.
In: Annotated legal documents on Islam in Europe Volume 17
Status of religious communities -- Relations between the state and Islam -- State support for Islamic religious communities -- Muslims in integration law -- Mosques and prayer houses -- Burials and cemeteries -- Education -- Further and higher (tertiary) education -- Islamic chaplaincy in public institutions -- Employment and social law -- Islamic slaughter and food regulation -- Islamic goods and services -- Islamic dress -- Criminal law -- Family law
In: Arctic review on law and politics, Band 9, S. 359-376
ISSN: 2387-4562
The impacts of climate change on marine resources are well known and demand mitigation and adaptation measures in order to protect the ecosystems. This entails more than simply altering management practices; it requires altering goal setting and managing transitions to new ecosystemic conditions. In the European Union, the main legal tool for protection of the marine environment is the Marine Strategy Framework Directive. Greece, as a member state of the European Union, has transposed the Marine Strategy Framework Directive into its national legal order and has developed legal structures to protect its marine resources from various threats, including climate change.
The present paper aims to present the legal and policy management tools in Greece, relevant to implementation of the Marine Strategy Framework Directive and climate change adaptation. For methodological reasons, the paper is divided into two parts: The first part deals with those legal tools that apply to an initial assessment of the environmental quality of Greek marine waters, while the second part analyzes legislative activities pertinent to the design and implementation of programs and measures. The aim of the national legislation is to maintain the ecosystemic integrity of the marine waters of Greece and to preserve the unique characteristics of the aquatic environment with respect to present and future generations. However, the analysis shows that a holistic legal framework demands explicit provisions for climate change impacts, while the existing framework focuses primarily on anthropogenic pressures on the marine environment.
In: Arctic review on law and politics, Band 11, S. 383-410
ISSN: 2387-4562
The 2010s was a busy decade for the Northern Sea Route (NSR). It started with the first shipping season to feature the international use of the NSR for commercial purposes, followed by a significant reform of the domestic legal regime, as well as the adoption of the Polar Code. The traffic has gradually picked up, and although the expectations of a significant surge in trans-Arctic navigation have not materialized, the NSR's annual turnover has grown beyond the old records set by the USSR. While the Russian authorities have struggled to find the most optimal means of development of the NSR, the latter has recently been re-marketed as a Polar Silk Road, part of the grand Chinese One Belt One Road initiative. While Russia has been rebuilding its military presence in the Arctic, the French Navy vessel BSAH Rhone unexpectedly navigated through the NSR, inciting strong political, but yet not legal, response. The present article aims to take stock of the last decade, paying primary attention to the Russian State practice in developing, adopting, and enforcing legislation in the NSR. By describing the current status and identifying some of the regulatory trends, the article will draw cautious predictions on the role of the law of the sea in the management of the NSR in the near future.
In: Arctic review on law and politics, Band 13
ISSN: 2387-4562
The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance.
The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.
In: Arctic review on law and politics, Band 12, S. 108-133
ISSN: 2387-4562
Indigenous northerners' rights in the Russian Federation are legally protected at a range of levels (federal, regional, municipal), and by a diversity of types of legal acts (laws, decrees, orders, provisions). Within the complex structure of Russian federalism, the country's regional governments elaborate upon federal laws in diverse ways and at different times. This article explores regional approaches to legislating one law on Indigenous rights, that of "Territory of Traditional Nature-Use" (territoriya traditsionnogo prirodopol'zovaniya) (TTP), identified by Indigenous leaders as the most important legal-territorial designation for protecting Indigenous livelihoods and cultures. While it is well known that legal strategies of the Russian state toward Indigenous territorial rights differ markedly from those of other Circumpolar countries, less appreciated are the ways in which these vary across space within Russia. We assert that the spatial informs the legal, documenting several illustrative approaches that regions have taken in legislating TTPs. In doing so, we demonstrate how a federal law initiative is interpreted and reimagined in place, giving rise to the potential for substantively different spatial outcomes for Indigenous persons and peoples seeking to actualize their rights to territory.
In: Internasjonal politikk, Band 66, Heft 4, S. 563-590
ISSN: 0020-577X
In: Arctic review on law and politics, Band 11, S. 334-359
ISSN: 2387-4562
In Russia, there exist legal norms providing for the protection of indigenous small-numbered peoples' rights. Yet, indigenous small-numbered peoples face multiple challenges when it comes to the implementation of their rights. After a brief presentation of the Russian legislation on the rights of indigenous small-numbered peoples, peculiarities of the Russian legal system and impediments to the legal provisions regulating the status of indigenous small-numbered peoples, this article addresses several issues related to the implementation of indigenous small-numbered peoples' rights in Russia today. One of the core issues is the attribution of individual members of indigenous communities to indigenous small-numbered peoples. Such an attribution is still challenging despite the newly adopted amendments to the 30 April 1999 Federal Law N 82-FL: 'On Guarantees of the Rights of Indigenous Small-Numbered Peoples of the Russian Federation'. Another issue is application of the notion 'foreign agent' to individuals and non-commercial organizations. Still another issue is the State's pressure on independent indigenous organizations. The final challenge is the possible impact of amendments to the Constitution approved by popular vote in July 2020 on the rights of indigenous small-numbered peoples.
Bristande jämställdhet mellan kvinnor och män och könsdiskriminerande praktiker har över tid fått alltmer uppmärksamhet. Kraven och förväntningarna på världens stater, inte minst de relativt sett så jämställda nordiska länderna, att åtgärda problemen är stora. Lagstiftning är ett medel som staterna har till sitt förfogande. Rättens betydelse, dess möjligheter och tillkortakommanden i relation till ojämställdhet och diskriminerande praktiker är temat för denna antologi. I nitton artiklar av danska, finska, norska och svenska forskare verksamma inom fältet kjønn og rett, diskuteras sambandet mellan kön och rätt under fyra aktuella teman, alla med förändring i fokus. De tre första rör förändringar i samhället och i rätten, såsom i förståelsen av kön och dess betydelse för rätten till jämställdhet och ickediskriminering, förändringar i välfärdsstaten och förändrade gränser mellan det offentliga och det privata. Det sista temat behandlar förändringar i forskningsfältet som sådant
In: Komiteanmietintö 1980:52
In: Kommittébetänkande
In: Arctic review on law and politics, Band 13, S. 143-159
ISSN: 2387-4562
Climate change has renewed the debate about shipping in the Arctic due to an expected reduction of ice in these sea lanes. Because of the Arctic slowly opening, allowing for more activity, navigational rights for ships have caught the attention of the world once again, including those of warships. Through analysing the navigational regime for warships in the Northwest and Northeast Passages, this article aims to introduce the different rules for navigation and the consequences for maritime operations in the Arctic, including the right to overflight. The United Nations Convention on the Law of the Sea provides navigational rights for warships and overflight in peace time operations, but the matter of which navigation rules should apply in the passages is under debate. Based on an analysis of the Convention, case law, legal theory and customary law, the article aims to shed light on different interpretations of the legal regimes of navigation in the passages and which rules should apply to warships and overflight in the future.
In: Internasjonal politikk, Band 67, Heft 1, S. 101-113
ISSN: 0020-577X
Piracy has a long history and often arises from legitimization problems, which may cause problems in distinguishing pirates from non-pirates. Piracy can essentially be divided into three epochs: classical piracy, colonial piracy and modern piracy. Classical piracy lasted from 1492 to 1730 and was filling a proto-legal space when Protestants pirates defined the pope's authority, colonial piracy took place in the 18th and 19th century Mediterranean Sea, also backed by religious motives, and modern piracy is a phenomenon of the 21st century where the pirates utilize instable regions for their benefit. Legal, normative and conceptual definitions can be used to differentiate between pirates and non-pirates. L. Pitkaniemi