International criminal law in historical perspective: comments and materials
In: Skriftserien / Juridiska Fakulteten, Stockholms Universitet 66
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In: Skriftserien / Juridiska Fakulteten, Stockholms Universitet 66
In: Internasjonal politikk, Band 60, Heft 3, S. 319-352
ISSN: 0020-577X
In: Aktstycken utgivna utrikesdepartementet
In: Ny serie 2 47
Environmental assessment (EA) is intended to ensure that environmental issues, in a broad sense, are considered in decision making. EA is globally institutionalised through national and international legislation, policies and guidelines, and a field of practice. However, there is a gap between the expectations on EA presented in these regulatory and guiding documents and how it is addressed in practice. This thesis explores the reasons for this gap, focusing on EA practitioners' daily work. The aims of the research are development of theory and generation of new empirical knowledge about how EA practitioners think and act in their daily practice. At the heart of the research is the development of a conceptual framework, space for action, that centres on practitioners' possibilities for influencing practice. The two-dimensional framework is developed iteratively, through empirical and theoretical investigations. The empirical investigations centre on: challenges for practitioners from the multiple perspectives available to apply when deciding appropriate actions; how practitioners think and act when seeking possibilities to influence practice; and, the consultant's role in determining quality. The theoretical basis for the framework integrates and builds on earlier work by planning theorists and elements from frame theory. The first dimension in the framework concerns how practitioners decide on appropriate actions. This process restricts which perspectives practitioners decide to act on and argue for in practice and, subsequently, which perspectives that have potential to be addressed in EA. The second dimension concerns whether these suggestions for appropriate action are enacted and agreed upon in EA processes. These interactions restrict practitioners' possibilities of exerting influence on practice, in terms of both the actual scope of an EA, and how the issues and impacts included are addressed, hence influencing EA quality. The results reveal that these dimensions are important for understanding the gap between expectations of improvements and actual practice. They also reveal a need to recognise the evolving and multi-perspectival character of EA, together with opportunities for advancing the field of practice through critical reflection, reframing and multi-profession collaboration. Overall, this thesis contributes to understanding the important role of practitioners in shaping the field of practice, and provides a new theorisation that strengthens the practitioner focus in EA research.
BASE
In: Tidsskriftet Norges barnevern, Band 98, Heft 3, S. 162-163
ISSN: 1891-1838
The IENE 2014 conference puts emphasis on the "greening" of transport infrastructure: both in respect to a wiser use of marginal infrastructure habitats to favour biodiversity and certain ecosys- tem services, and in respect to a more permeable and safer infrastructure that minimises the direct impact on wildlife. Transportation and infrastructure are recognised as signi cant drivers in the global loss of biodiverity. Their impacts on nature are well described and there is ample evidence for the negative effects of traffic and transportation infrastructure on nature. Even though roads and railroads may occupy but a small proportion of an area, they a ect the entire landscape, cause the death of millions of wild animals, and disturb surrounding habitats through pollution, noise and alien species. The overall impact is evident, but there are means to minimise the pressure, to adjust infrastructure facilities and, to some degree, introduce beneficial services for wildlife. Such measures can and should be implemented as a standard in infrastructure development and maintenance. Knowledge about their functionality and e cacy is, however, not always satisfying. Technical innovations and new mitigation concepts need to be tested and evaluated. Their func- tionality and e ectiveness also depends on the interplay between the transport sector and other sectors of society. Communication, knowledge transfer, and public education are just as essential here, as legal frameworks, policy, technical development and environmental science. European policy (e.g., Green Infrastructure) is developing clearly in this direction, recognizing the transport sector and transportation facilities as important players in the endeavour towards a greener and sustainable future. Obviously, this calls for international collaboration in research and practice, for enhanced exchange of knowledge between disciplines, and for the development of harmonised standards and pro- cedures that can be referred to by international actors. IENE provides this interdisciplinary arena through its conferences and workshops. The IENE 2014 international conference emphasises that transport infrastructure can be planned and designed as an ecologically well-adopted, safe and e cient system, while acknowledging that certain impacts can never be avoided. IENE, together with the Swedish Transport Administration, the Swedish University of Agricultural Sciences, the Danish Road Directorate and numerous other partners, invites scientists, practitioners and planners, governmental agencies and private companies, NGO's and anybody with an interest in the above to the IENE 2014 conference in Sweden. We welcome new partner- and sponsorships and o er a well-approved and international network for communication and presentation.
BASE
In: Arctic review on law and politics, Band 12, S. 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).
The European Union (EU) recently implemented the Environmental Liability Directive (ELD), requiring that environmental damage be restored so that the affected environment returns to (or toward) its baseline condition and the public is compensated for the initial damage and the losses during the time it takes for the environment to recover (interim losses). Equivalency Analysis (EA) represents a method for scaling environmental compensation to offset interim losses. Ensuring appropriate compensation for resource loss requires a merging of ecological measurement with the theories of welfare economics. This thesis explores some of the issues in scaling resource-based compensation in three papers. Paper I is a quantitative application of the EA method to compensate for sea eagle mortality from wind turbine collisions. It is co-authored with a biologist and proposes a new and innovative compensatory measure based on electrocution prevention on power lines. Paper II is written for an ecological readership and communicates fundamental economic assumptions in a way that might be helpful for cross-discipline collaboration. The main contribution is to clarify that the underlying goal of environmental compensation should be "no net loss of welfare." Paper III scrutinizes the conventional EA method from a social efficiency perspective, suggesting that the focus on equity for the victim may preclude a socially optimal compensatory outcome. The overarching conclusion is that EA fails to inform policy makers of the inescapable environmental trade-offs that arise in compensating environmental losses.
BASE
In: Arctic review on law and politics, Band 11, S. 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.
In: Arctic review on law and politics, Band 9, S. 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.
In: Deutsch-Norwegisches Forum des Rechts Bd. 8