Pub Date : 2019-05-14DOI: 10.18261/ISSN.2387-3299-2019-01-03
F. Ferrari
The relationship between uniform substantive law conventions and private international law rules is contentious. In this paper, the author discusses why resort to private international law has to give way to the application of uniform substantive law conventions.
{"title":"Contracts of Carriage and International Conventions","authors":"F. Ferrari","doi":"10.18261/ISSN.2387-3299-2019-01-03","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2019-01-03","url":null,"abstract":"The relationship between uniform substantive law conventions and private international law rules is contentious. In this paper, the author discusses why resort to private international law has to give way to the application of uniform substantive law conventions.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49079709","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 : 2019-05-14DOI: 10.18261/ISSN.2387-3299-2019-01-05
H. Bull
{"title":"Autonomous Interpretation of ‘Civil and Commercial Matters’: Do Public Authorities’ Claims for Clean-up Costs for Pure Environmental Harm Qualify?","authors":"H. Bull","doi":"10.18261/ISSN.2387-3299-2019-01-05","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2019-01-05","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46355995","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 : 2019-05-14DOI: 10.18261/ISSN.2387-3299-2019-01-04
H. Bull
{"title":"Choice of Law for Insurance Contracts: History of Article 7 of Rome I, Particularly Regarding the Relationship with Directives 88/357 and 90/619 in Light of Directive 2009/138","authors":"H. Bull","doi":"10.18261/ISSN.2387-3299-2019-01-04","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2019-01-04","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42753110","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 : 2019-05-14DOI: 10.18261/ISSN.2387-3299-2019-01-01
Giuditta Cordero-Moss
This issue of Oslo Law Review publishes some of the papers that were presented at a conference I organised at the University of Oslo on May 3rd and 4th, 2018. The purpose of the conference was to ensure international state-of-the-art input to the on-going codification of Norwegian rules on the law applicable to contractual and tort obligations. The work originated in the mandate the Norwegian Ministry of Justice had given me to submit a proposal for a statute on the law applicable to obligations. The proposal was written, inter alia, taking into consideration the papers presented at the conference. The Ministry of Justice sent the proposal to public consultation. At the moment of writing this introduction, the public consultation is still on-going.1 Rules on the applicable law, also known as conflict rules or choice-of-law rules, are part of that branch of the law that goes under the name of Private International Law. They are rules that permit the identification of which law governs a certain legal relationship when the relationship has international elements. If a Norwegian party purchases some goods from Germany, for example, these rules determine whether the sale is governed by Norwegian or by German law. If a Greek ship causes environmental damage off the coast of Norway, they determine whether the liability is subject to Greek or Norwegian law. Conflict rules are, in brief, provisions that permit the determination of which law is applicable. In Norway, conflict rules have traditionally not been codified. Exceptions include the Act on the law applicable to contracts of sale, implementing the 1955 Hague Convention on the Law Applicable to International Sale of Goods, and certain provisions or special statutes implementing obligations under international law, such as the Product Liability Act, implementing the 1973 Hague Convention on the Law Applicable to Products Liability. Since Norway’s accession to the EEA Agreement in 1994, various conflict rules have been incorporated into Norwegian law as part of implementing legislative acts with EEA rele-
{"title":"Towards a Norwegian Codification of Choice-of-Law Rules","authors":"Giuditta Cordero-Moss","doi":"10.18261/ISSN.2387-3299-2019-01-01","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2019-01-01","url":null,"abstract":"This issue of Oslo Law Review publishes some of the papers that were presented at a conference I organised at the University of Oslo on May 3rd and 4th, 2018. The purpose of the conference was to ensure international state-of-the-art input to the on-going codification of Norwegian rules on the law applicable to contractual and tort obligations. The work originated in the mandate the Norwegian Ministry of Justice had given me to submit a proposal for a statute on the law applicable to obligations. The proposal was written, inter alia, taking into consideration the papers presented at the conference. The Ministry of Justice sent the proposal to public consultation. At the moment of writing this introduction, the public consultation is still on-going.1 Rules on the applicable law, also known as conflict rules or choice-of-law rules, are part of that branch of the law that goes under the name of Private International Law. They are rules that permit the identification of which law governs a certain legal relationship when the relationship has international elements. If a Norwegian party purchases some goods from Germany, for example, these rules determine whether the sale is governed by Norwegian or by German law. If a Greek ship causes environmental damage off the coast of Norway, they determine whether the liability is subject to Greek or Norwegian law. Conflict rules are, in brief, provisions that permit the determination of which law is applicable. In Norway, conflict rules have traditionally not been codified. Exceptions include the Act on the law applicable to contracts of sale, implementing the 1955 Hague Convention on the Law Applicable to International Sale of Goods, and certain provisions or special statutes implementing obligations under international law, such as the Product Liability Act, implementing the 1973 Hague Convention on the Law Applicable to Products Liability. Since Norway’s accession to the EEA Agreement in 1994, various conflict rules have been incorporated into Norwegian law as part of implementing legislative acts with EEA rele-","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49143607","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 : 2019-01-25DOI: 10.18261/ISSN.2387-3299-2018-03-02
Erna Kristín Blöndal, O. M. Arnardóttir
When evaluating whether the expulsion or return of an applicant gives rise to a real risk of treatment proscribed by Article 3 of the European Convention on Human Rights, and the principle of non-refoulement contained therein, the European Court of Human Rights must assess the general situation in the relevant country as well as the applicant’s personal circumstances. It is therefore of the utmost importance to identify which individual factors are considered relevant to this assessment. At the same time, however, the case law has been considered unclear on this issue. This article presents the findings of a thematic analysis of the Court’s case law, which seeks to clarify the Court’s practice by identifying the key individual factors that either enhance or ameliorate risk of ill-treatment in different contexts.
{"title":"Non-Refoulement in Strasbourg: Making Sense of the Assessment of Individual Circumstances","authors":"Erna Kristín Blöndal, O. M. Arnardóttir","doi":"10.18261/ISSN.2387-3299-2018-03-02","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2018-03-02","url":null,"abstract":"When evaluating whether the expulsion or return of an applicant gives rise to a real risk of treatment proscribed by Article 3 of the European Convention on Human Rights, and the principle of non-refoulement contained therein, the European Court of Human Rights must assess the general situation in the relevant country as well as the applicant’s personal circumstances. It is therefore of the utmost importance to identify which individual factors are considered relevant to this assessment. At the same time, however, the case law has been considered unclear on this issue. This article presents the findings of a thematic analysis of the Court’s case law, which seeks to clarify the Court’s practice by identifying the key individual factors that either enhance or ameliorate risk of ill-treatment in different contexts.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41906162","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 : 2019-01-25DOI: 10.18261/ISSN.2387-3299-2018-03-03
W. Walton
In 2006 Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it examines the scope for applying damages, restitution and specific performance as alternative remedies.
{"title":"Donald Trump’s Golf Resort in Aberdeenshire, Scotland: The ‘Greatest’ Incomplete Planning Disaster in the World?","authors":"W. Walton","doi":"10.18261/ISSN.2387-3299-2018-03-03","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2018-03-03","url":null,"abstract":"In 2006 Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it examines the scope for applying damages, restitution and specific performance as alternative remedies.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48594222","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 : 2019-01-25DOI: 10.18261/ISSN.2387-3299-2018-03-01
E. Serendahl
In the past five years, a new type of politician has entered the global stage: the politician who defies mainstream opinion, who speaks freely without constraint or fear of repercussions. This type of politician is frequently at odds with centrist media, in a love-hate relationship where reporting on their behaviour returns profit for the media and supporters for the politician. One of the tools that have allowed this new politician to reach top-tier positions is social media, which allows them to enter the sphere of public debate by bypassing the gatekeeper function of traditional media. Using social media, their statements may at times be outrageous or practically impossible, while at the same time deeply insulting to other peoples or States. No research has been done on the international legal significance of such statements. In this article, I suggest that the relatively unknown law of unilateral acts can be applied to these statements. These statements should be held to the regular standards of international law, just as any other behaviour by world leaders acting on behalf of their State.
{"title":"Unilateral Acts in the Age of Social Media","authors":"E. Serendahl","doi":"10.18261/ISSN.2387-3299-2018-03-01","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2018-03-01","url":null,"abstract":"In the past five years, a new type of politician has entered the global stage: the politician who defies mainstream opinion, who speaks freely without constraint or fear of repercussions. This type of politician is frequently at odds with centrist media, in a love-hate relationship where reporting on their behaviour returns profit for the media and supporters for the politician. One of the tools that have allowed this new politician to reach top-tier positions is social media, which allows them to enter the sphere of public debate by bypassing the gatekeeper function of traditional media. Using social media, their statements may at times be outrageous or practically impossible, while at the same time deeply insulting to other peoples or States. No research has been done on the international legal significance of such statements. In this article, I suggest that the relatively unknown law of unilateral acts can be applied to these statements. These statements should be held to the regular standards of international law, just as any other behaviour by world leaders acting on behalf of their State.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49594248","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 : 2018-09-25DOI: 10.18261/ISSN.2387-3299-2018-02-02
J. Birkeland
There has been an immense development in unmanned aircraft technology in the past three decades or so. The percentage of unmanned versus manned aircraft in combat operations is only predicted to grow in the future. The public’s aversion to risk and the endurance facilitated by modern unmanned systems have both played important roles in the growth of unmanned aircraft in modern warfare. Increasingly complex warfare scenarios call for increasingly complex weapons systems, and autonomous aircraft are predicted to play a crucial role in meeting tomorrow’s operational challenges. The article argues that even though autonomous systems will be able to make tactical decisions by themselves, these decisions will not be acted upon in a vacuum – even autonomous machines will be a part of the military and political chain-of-command. Operational concepts such as ‘loyal wingman’, Manned-Unmanned Teaming, motherships and swarming are the beginning of a new autonomous way of warfare. It is important that we tailor our autonomous machines to operate inside the realm of military and political control. It is thus crucial to have a broad debate among policy makers, technology developers, scholars and civil society in order to decide how the weapons of the future will be programmed and the place and scope that human control should play therein.
{"title":"The Concept of Autonomy and the Changing Character of War","authors":"J. Birkeland","doi":"10.18261/ISSN.2387-3299-2018-02-02","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2018-02-02","url":null,"abstract":"There has been an immense development in unmanned aircraft technology in the past three decades or so. The percentage of unmanned versus manned aircraft in combat operations is only predicted to grow in the future. The public’s aversion to risk and the endurance facilitated by modern unmanned systems have both played important roles in the growth of unmanned aircraft in modern warfare. Increasingly complex warfare scenarios call for increasingly complex weapons systems, and autonomous aircraft are predicted to play a crucial role in meeting tomorrow’s operational challenges. The article argues that even though autonomous systems will be able to make tactical decisions by themselves, these decisions will not be acted upon in a vacuum – even autonomous machines will be a part of the military and political chain-of-command. Operational concepts such as ‘loyal wingman’, Manned-Unmanned Teaming, motherships and swarming are the beginning of a new autonomous way of warfare. It is important that we tailor our autonomous machines to operate inside the realm of military and political control. It is thus crucial to have a broad debate among policy makers, technology developers, scholars and civil society in order to decide how the weapons of the future will be programmed and the place and scope that human control should play therein.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45405627","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 : 2018-09-25DOI: 10.18261/issn.2387-3299-2018-02-04
Daniel Elias Quiñones Møgster
{"title":"Autonomous Weapons Systems and the Rights of Victims: Compensation Claims under Norwegian Law for Violations Committed through the Use of Autonomous Weapons","authors":"Daniel Elias Quiñones Møgster","doi":"10.18261/issn.2387-3299-2018-02-04","DOIUrl":"https://doi.org/10.18261/issn.2387-3299-2018-02-04","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48672537","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 : 2018-09-25DOI: 10.18261/ISSN.2387-3299-2018-02-01
Gentian Zyberi, Fredrik Heldal
{"title":"Some Reflections on Autonomous Weapon Systems","authors":"Gentian Zyberi, Fredrik Heldal","doi":"10.18261/ISSN.2387-3299-2018-02-01","DOIUrl":"https://doi.org/10.18261/ISSN.2387-3299-2018-02-01","url":null,"abstract":"","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44120348","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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