{"title":"Jus Contra Bellum in Cyberspace and the Sound of Silence","authors":"J. Leiss","doi":"10.18261/olr.9.1.2","DOIUrl":"https://doi.org/10.18261/olr.9.1.2","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47140241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The reach of jobseeker rights to free movement: On the complementary relationship between primary and secondary law","authors":"M. Andenas, Tarjei Bekkedal","doi":"10.18261/olr.9.1.1","DOIUrl":"https://doi.org/10.18261/olr.9.1.1","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43991408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Online Platform Work and Work Environment Law: A Scandinavian Legal Perspective","authors":"M. Hvidt","doi":"10.18261/olr.8.3.1","DOIUrl":"https://doi.org/10.18261/olr.8.3.1","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48766060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Security by Design: Aspirations and Realities in a Regulatory Context","authors":"L. Bygrave","doi":"10.18261/olr.8.3.2","DOIUrl":"https://doi.org/10.18261/olr.8.3.2","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44951620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Religious Communities and Their Employees","authors":"Ola Johan Settem","doi":"10.18261/olr.9.3.2","DOIUrl":"https://doi.org/10.18261/olr.9.3.2","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46470278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Impact of the ELI/UNIDROIT European Model Rules for Civil Procedure on National Law – the Case of Norway","authors":"H. Fredriksen, Magne Strandberg","doi":"10.18261/olr.9.3.1","DOIUrl":"https://doi.org/10.18261/olr.9.3.1","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46136880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-16DOI: 10.18261/issn.2387-3299-2021-02-02
Carola Lingaas
{"title":"Hate Speech and Racialised Discrimination of the Norwegian Sámi: Legal Responses and Responsibility","authors":"Carola Lingaas","doi":"10.18261/issn.2387-3299-2021-02-02","DOIUrl":"https://doi.org/10.18261/issn.2387-3299-2021-02-02","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41472080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-18DOI: 10.18261/ISSN.2387-3299-2021-01-02
Sondre Torp Helmersen
The EFTA Court has on numerous occasions faced arguments based on international law rules that exist outside the EEA system, and it has dealt with such arguments in disparate ways. The Court is receptive to arguments based on the European Convention on Human Rights, while flatly refusing to engage with arguments based on other treaties. This article outlines the Court’s practice in such cases and tries to explain it, with the best explanation being the Court’s desire and obligation to maintain homogeneity between the EEA and the EU system. In the future, the Court may be presented with arguments based on the law of the World Trade Organization or the aftermath of the United Kingdom leaving the European Union, and this article suggests how the Court may respond.
{"title":"The EFTA Court and International Law","authors":"Sondre Torp Helmersen","doi":"10.18261/ISSN.2387-3299-2021-01-02","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2021-01-02","url":null,"abstract":"The EFTA Court has on numerous occasions faced arguments based on international law rules that exist outside the EEA system, and it has dealt with such arguments in disparate ways. The Court is receptive to arguments based on the European Convention on Human Rights, while flatly refusing to engage with arguments based on other treaties. This article outlines the Court’s practice in such cases and tries to explain it, with the best explanation being the Court’s desire and obligation to maintain homogeneity between the EEA and the EU system. In the future, the Court may be presented with arguments based on the law of the World Trade Organization or the aftermath of the United Kingdom leaving the European Union, and this article suggests how the Court may respond.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"8 1","pages":"30-46"},"PeriodicalIF":0.0,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46604123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-18DOI: 10.18261/ISSN.2387-3299-2021-01-01
Sebastian Felix Schwemer, T. Mahler, Håkon Styri
The European Union is currently discussing a reform of its intermediary liability rules with its recently proposed Digital Services Act. The existing rules in the e-Commerce Directive (Directive 2000/31/EC) offer a safe harbour from liability for certain intermediary functions that are central to the functioning of the internet. A safe harbour for intermediaries is one of the regulatory cornerstones that help protect innovation, creativity and the free flow of information. At the same time, these rules are under pressure. This paper discusses a subset of ‘non-hosting’ intermediary functions. Some of these have traditionally been less visible in content-related regulatory debates. We look at selected examples of functions related to the domain name system (DNS), content delivery networks (CDNs), cloud processing and live-streaming. The current liability exemption regime under the e-Commerce Directive focusses on transmission in, or access to, a communication network, as well as storage. However, significant grey areas arise both in relation to what we call the ‘auxiliary network intermediary’ function (as opposed to ‘direct network intermediary’ functions corresponding to ‘mere conduit’ functions), which does not transmit or provide access, and the ‘temporal provision and processing of information’, which is different from storage.
{"title":"Liability exemptions of non-hosting intermediaries: Sideshow in the Digital Services Act?","authors":"Sebastian Felix Schwemer, T. Mahler, Håkon Styri","doi":"10.18261/ISSN.2387-3299-2021-01-01","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2021-01-01","url":null,"abstract":"The European Union is currently discussing a reform of its intermediary liability rules with its recently proposed Digital Services Act. The existing rules in the e-Commerce Directive (Directive 2000/31/EC) offer a safe harbour from liability for certain intermediary functions that are central to the functioning of the internet. A safe harbour for intermediaries is one of the regulatory cornerstones that help protect innovation, creativity and the free flow of information. At the same time, these rules are under pressure. This paper discusses a subset of ‘non-hosting’ intermediary functions. Some of these have traditionally been less visible in content-related regulatory debates. We look at selected examples of functions related to the domain name system (DNS), content delivery networks (CDNs), cloud processing and live-streaming. The current liability exemption regime under the e-Commerce Directive focusses on transmission in, or access to, a communication network, as well as storage. However, significant grey areas arise both in relation to what we call the ‘auxiliary network intermediary’ function (as opposed to ‘direct network intermediary’ functions corresponding to ‘mere conduit’ functions), which does not transmit or provide access, and the ‘temporal provision and processing of information’, which is different from storage.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47427568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-18DOI: 10.18261/ISSN.2387-3299-2021-01-03
K. Tonstad
In the aftermath of the overthrow of President Morsi in the summer of 2013, Egypt garnered international censure for violations of due process in mass trials. Thousands of members of the political opposition, pro-democracy movement, and other activists and journalists were arrested, held in pre-trial detention, handed lengthy prison sentences, or sentenced to death in criminal courts. This article shows how ordinary criminal courts became a focal point in the repression of political opposition and activists in Egypt in the aftermath of July 2013. Studying the courts’ verdicts during a time of socio-political upheaval provides insight into political and judicial dynamics, and how these may interact in times of crisis. The article shows that it was not due to executive pressure that ordinary courts reasoned and ruled as they did, but the ideologies and interests of judges. Several of the verdicts were sub-sequently overturned by Egypt’s Court of Cassation for failing to uphold Egyptian standards of due process. This divergence may be motivated by an interest in higher courts in upholding professional and institutional integrity, revealing significant cleavages within the judiciary. This, too, may in part be deemed an expression of judicial independence.
{"title":"Politics on Trial? Criminal Justice and Egyptʼs Political Opposition in the Aftermath of July 2013","authors":"K. Tonstad","doi":"10.18261/ISSN.2387-3299-2021-01-03","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2021-01-03","url":null,"abstract":"In the aftermath of the overthrow of President Morsi in the summer of 2013, Egypt garnered international censure for violations of due process in mass trials. Thousands of members of the political opposition, pro-democracy movement, and other activists and journalists were arrested, held in pre-trial detention, handed lengthy prison sentences, or sentenced to death in criminal courts. This article shows how ordinary criminal courts became a focal point in the repression of political opposition and activists in Egypt in the aftermath of July 2013. Studying the courts’ verdicts during a time of socio-political upheaval provides insight into political and judicial dynamics, and how these may interact in times of crisis. The article shows that it was not due to executive pressure that ordinary courts reasoned and ruled as they did, but the ideologies and interests of judges. Several of the verdicts were sub-sequently overturned by Egypt’s Court of Cassation for failing to uphold Egyptian standards of due process. This divergence may be motivated by an interest in higher courts in upholding professional and institutional integrity, revealing significant cleavages within the judiciary. This, too, may in part be deemed an expression of judicial independence.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42054957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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