Suchergebnisse

Regulatory coherence is crucial to effectively respond to the growing pressures that our oceans are facing. Applying the interpretative lens of ocean connectivity to ocean governance can help address the challenges from a material, epistemic, and geopolitical viewpoint. This special issue intends to uncover various understandings of ocean connectivity taking into account the complex biocultural interactions happening in the marine environment. The research aim is divided into two objectives: (1) to explore the various conceptualizations of ocean connectivity; and (2) to provide a critical analysis on how the law (of the sea) considers or disregards ocean connectivity. Our research methodology combines a literature review and a mapping technique that examines the models of connectivity. The mapping technique has been developed by adopting the 'one-pager approach', where the authors have been asked to answer two research questions, aligned with our research objectives. We structured the work into an introductory section and three main articles. The understanding of ocean connectivity is key to developing international marine policy and suggesting legal tools for the protection of the marine environment. Moving from this angle towards an understanding of connectivity which includes bio-centric elements, Indigenous cosmo-visions, and anthropocentric connectivity, we identified three models of connectivity and explored their suitability to address the systemic challenges.

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.

This article takes an in-depth look at the controversy surrounding initiatives to eliminate poverty in developing countries. While analysis of the problem necessarily assumes an international perspective, special attention is given here to the role that Norway -- as a European country made wealthy by its natural resources -- is to play in the effort to advance underdeveloped regions. A review of existing critical literature reveals a commonly held view that the most detrimental problems arise because of the inability to control what happens to aide money given to impoverished nations that are often run by corrupt power groups that use the money to consolidate their own power. As much research has demonstrated, world contributions to developing areas over the past decades have failed to produce the expected results, which again signals that the dilemma of under-developed areas is rooted in their internal organization & collective incentives. Several perspectives on this issue are reviewed here to pronounce the moral question assumed by many where Norway is concerned, namely if a country made wealthy by something that it has not "earned" per se should continue to support an aide mechanism that is shown by many analyses to be unsustainable. The stakes & alternatives in this debate are discussed here in detail. C Brunski

Certification according to private sustainability standards (ecolabelling) has become an important addition to public fisheries management in recent years. The major global ecolabel in terms of comprehensiveness and coverage is the Marine Stewardship Council (MSC) Fisheries Standard. Under the MSC Standard, the status of the fishery's target stocks, its impact on the wider ecosystem and the effectiveness of its management system are assessed. Becoming and remaining certified requires continuous behavioural adaptation from fisheries through a fine-meshed system of conditions attached to certification. In this article, MSC certification of two clusters of fisheries in Arctic waters is discussed, one large- and one small-scale. In the Barents Sea cod and haddock fisheries, the main obstacle to certification has been the fisheries' impact on endangered, threatened and protected (ETP) species and bottom habitats, and in order to remain certified beyond the first five-year certification period, the fishing companies have had to introduce a number of voluntary measures beyond what is required by law. In the local lumpfish fisheries in Greenland, Iceland and Norway, conditions attached to certification have been related to the effects of these fisheries on seabirds and marine mammals. Here essential parts of a management regime, such as biological reference points and harvest control rules, have come about as a direct result of MSC certification. MSC certification is no panacea, but it seems to have found a niche as a supplement to national legislation and international agreements.

In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code's contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.

For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community's small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community's exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is "clear and definitive". These conditions were not met in this case.

The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities' own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.

Copper is an ancient product that has persisted into the advanced industrial age. Its production methods and uses have been radically transformed several times, and it has played a central role in the building of the modern world economy. Despite this, it has been neglected by historians. For many years in early modern Europe Scandinavia was the biggest producer of copper, particularly through the large copper plants at Røros in Norway and in Falun in Sweden. This book tells the story. The amount of copper produced and traded is investigated, working conditions are discussed, the organisation of the companies is clarified, the active role of the state is emphasised, and the influence of the copper industry on local conditions is explored. The book gives copper an important place in European industrialisation more generally and shows that the Scandinavian copper industry was part of an extensive European copper network, which in turn was part of a global manufacturing and trading system. Through such connections, the Scandinavian copper industry was linked closely to the international and global history of copper, and therefore to colonialism, industrialisation, slavery and violence. - Kobber er et forhistorisk produkt som fortsatt produseres. Produksjonsmetodene og bruksområdene har blitt radikalt forandret mange ganger, og metallet stod sentralt i fremveksten av den moderne verdensøkonomien. I tidlig moderne tid var Skandinavia lenge den største produsenten av kobber i Europa, spesielt gjennom kobberanleggene i Falun i Sverige og på Røros i Norge. Likevel har metallet ofte blitt oversett. Denne boken forteller historien. Mengde kobber som ble produsert og solgt undersøkes, arbeidsforhold diskuteres, organiseringen av selskapene avklares, statens aktive rolle vektlegges, og kobberindustriens innflytelse på lokale forhold utforskes. Det vises at den skandinaviske kobberindustrien var en del av et stort europeisk kobbernettverk, som igjen var en del av et globalt produksjons- og handelssystem. Slik knyttes skandinavisk kobber tett til metallets internasjonale og globale historie: til europeisk industriutvikling, kolonialisme, slaveri og vold.

"How does the public sector manage the vast sums spent annually on goods and services? For individual municipalities, counties, and state agencies it is, in practical terms, about obtaining resources that enable them to deliver the services they are obligated to deliver. For Parliament and the government, it is not just about securing the production of goods and services here and now, but about how we ensure good and consistent standards of welfare in the future as well. In addition, there are high expectations that purchases occur in sustainable, efficient, and intelligent ways and that suppliers are challenged to think creatively – to be innovative. As for buyers, a greater degree of professionalization within public procurement practices is expected.

In this anthology we have brought together several authors who are contributing new research focused on how public sector procurements are carried out in Norway. Topics range from questions around outsourcing, how the procurement function is organized, contract administration, purchaser competence, and the use of data analytics. Readers will also find a review of Norwegian research on public procurement published in international journals over the past two decades. " - "Hvordan forvalter offentlig sektor de store summene de årlig bruker på kjøp av varer og tjenester? For den enkelte virksomheten handler det i hverdagen om å skaffe tilveie innsatsfaktorer som bidrar til at de kan levere de tjenestene de er forpliktet til å levere. For Storting og regjering, handler det ikke bare om å sikre tjenesteproduksjonen her og nå, men også om hvordan vi skal sikre god velferd inn i fremtiden. Det skapes store forventninger til at det enkelte innkjøp skal skje på en bærekraftig, effektiv og smart måte og at leverandørmarkedet skal utfordres til å tenke nytt – være innovative. For den enkelte innkjøper forventes det større grad av profesjonalisering rundt de offentlige anskaffelsene.

I denne antologien har vi samlet en rekke forfattere som bidrar med ny forskning for å belyse hvordan det er å gjennomføre anskaffelser i offentlig sektor i Norge. Du finner bidrag knyttet til spørsmål omkring konkurranseutsetting, organisering av innkjøpsfunksjonen, kontraktsoppfølging, innkjøpskompetanse og bruk av dataanalyser. Du finner også en gjennomgang av norsk forskning, publisert i internasjonale tidsskrift, rettet mot offentlige anskaffelser gjennom de to siste tiårene."

Within the last two decades streaming services and digital platforms have come to dominate the distribution of recorded music. What has this transformation meant for the music industry in Norway? From Spinning to Streaming: Norwegian Music Reaching the World presents research on how artists, musicians, composers and other intermediaries within Norway's music industry are meeting this digital reality.Digitalization has led to new possibilities for producing and distributing music, as well as for exporting music and succeeding on an international level. Yet the route out into the world via the internet can be both steep and unpredictable. By investigating ways of working, types of expertise required, as well as economic and copyright circumstances, the authors demonstrate how digital media are both important tools for creating musical works and a key engine of development in the music industry itself.The authors rely on various theoretical concepts and analytical perspectives to explore the interplay between technological, professional, social and cultural conditions in the music industry's development. A central finding in the book is the need among several actors in the Norwegian music industry for increased specialized competence and understanding regarding rights issues. In addition, the "platformization" of the industry calls for a greater degree of professionalization and specialized expertise than the Norwegian music industry is equipped with today.From Spinning to Streaming: Norwegian Music Reaching the World will be of interest to researchers, students, politicians, decision-makers and other actors within the music industry.The book's authors are Anja Nylund Hagen, University of Oslo; Mari Torvik Heian, Telemark Research Institute; Roy Aulie Jacobsen, Telemark Research Institute; and Bård Kleppe, Telemark Research Institute.; De siste ti årene har strømmetjenester og digitale plattformer nærmest overtatt distribusjonen av innspilt musikk. Hva har det gjort med norsk musikkbransje? I boka Fra plate til plattform: Norsk musikk ut i verden presenteres forskning på hvordan artister, musikere, komponister og ulike mellomledd i norsk musikkbransje håndterer den digitale hverdagen.Digitaliseringen har gitt nye muligheter til å produsere og distribuere musikk, drive med musikkeksport og til å lykkes internasjonalt. Samtidig kan veien ut i verden via internett være både uforutsigbar og bratt. Ved å undersøke arbeidsmåter, kompetansebehov og forhold knyttet til økonomi og opphavsrett, viser forfatterne hvordan digitale medier både er viktige verktøy i arbeidet og sentrale drivkrefter for bransjeutviklingen.Forfatterne bruker ulike teoretiske begreper og analytiske perspektiver for å undersøke samspillet mellom teknologiske, profesjonelle, sosiale og kulturelle forhold i musikkbransjens utvikling. Et sentralt funn i boka er at musikkbransjen har behov for økt bransjekunnskap og rettighetsforståelse. Plattformsentreringen inviterer også til større grad av profesjonalisering og spesialisert kompetanse enn det den norske musikkbransjen er rigget for i dag.Boka er relevant for forskere, studenter, politikere, beslutningstakere og aktører i musikkbransjen.Fra plate til plattform: Norsk musikk ut i verden er skrevet av Anja Nylund Hagen, Universitetet i Oslo, Mari Torvik Heian, Telemarksforsking, Roy Aulie Jacobsen, Telemarskforsking og Bård Kleppe, Telemarksforsking.