Oslo Law Review最新文献_第9页

Detention for Protection: Searching for a ‘Fair Balance’ between the Restrictions on Preventive Detention and the Obligation to Protect Individuals 为保护而拘留:在对预防性拘留的限制与保护个人的义务之间寻求“公平平衡”

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2349

Kjetil Mujezinović Larsen

引用次数: 0

Legal Pluralism and Human Rights in the Idea of Climate Justice 气候正义理念下的法律多元化与人权

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2766

A. D. Fisher

{"title":"Legal Pluralism and Human Rights in the Idea of Climate Justice","authors":"A. D. Fisher","doi":"10.5617/OSLAW2766","DOIUrl":"https://doi.org/10.5617/OSLAW2766","url":null,"abstract":"State-centric law appears ill equipped to meet human rights’ emancipatory promise in an increasingly pluralistic, unequal world facing climate change. ‘Climate justice’ has become a counterpoint to hegemonic statist, neoliberal climate approaches. However, few studies address the confluence of competing norms (including rights), power relations and multiple actors in shaping, contesting and reinterpreting climate justice in specific contexts, despite burgeoning human rights and legal pluralism research. This article explores legal pluralism’s potential for understanding rights’ roles in climate justice through examining Norway. Legal pluralism reveals how Norwegian ‘translators’ vernacularise transnational climate justice aspects, including international climate law and policy, into relevant movement frames, but within unequal power relations and hegemonic processes. These translators balance encouragement and critique of Norway’s high-profile international climate positioning, finding spaces within hegemonic discourses where movements can turn prevalent global, statist frames inward, decentering climate discourses by highlighting Norway’s structural links to climate injustice, particularly its petroleum industry. Rights are used in varying ways in both disaggregating diagnostic frames and stressing more prognostic, transformative visions. Increasingly, climate justice and Norwegian ‘ klimarettferdighet ’ [climate justice] discourses move from a focus on countering international, statist discourses to domestic distribution and economic transitions. This combines climate justice with Norwegian civic participatory and social democratic norms of active civil society and social movement involvement in socioeconomic transformations, providing potentially resonant frames for tackling climate change.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"2 1","pages":"200-224"},"PeriodicalIF":0.0,"publicationDate":"2017-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45942172","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}

引用次数: 4

Legally Flawed but Politically Sound? Digital Exhaustion of Copyright in Europe after UsedSoft 法律上有缺陷但政治上健全？使用软件后欧洲版权的数字枯竭

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW977

Ole-Andreas Rognstad

引用次数: 15

The Legal Treatment of Muslim Minority Women under the Rule of Islamic Law in Greek Thrace 希腊色雷斯伊斯兰法治下穆斯林少数民族妇女的法律待遇

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2769

İlker Tsavousoglou

{"title":"The Legal Treatment of Muslim Minority Women under the Rule of Islamic Law in Greek Thrace","authors":"İlker Tsavousoglou","doi":"10.5617/OSLAW2769","DOIUrl":"https://doi.org/10.5617/OSLAW2769","url":null,"abstract":"The treatment of women in the frame of Islam has become subject to lively debate, lately concentrated in domains of the West where Islamic law seeks recognition without Islam being the prevailing creed. The discussions often are focused on concerns whether Muslim women are confronted with discriminative treatment and impediments to their access to justice. In this context, Greece occupies a unique position. Greece constitutes the only European State that recognises officially a special Islamic jurisdiction. In Thrace, Mufti tribunals are considered the cornerstone of application of Islamic law and administration of Islamic justice. However, this regime has been repeatedly criticised for failing to safeguard Muslim women’s rights. This article engages with the legal treatment of the women who belong to the Muslim Minority of Western Thrace. It examines the ways in which this religious normative regime affects their access to justice and the potential impacts that are generated from their subjection to the authority of the system thereof. The analysis is based on a methodology that combines the study of domestic and international legal scholarship with insights that were drawn from the study on representative case law of the local Sharia courts and of the competent civil courts.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"2 1","pages":"241-262"},"PeriodicalIF":0.0,"publicationDate":"2017-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49061305","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}

引用次数: 9

Legal and Moral Pluralism: A Rejoinder (in European Human Rights Law) 法律和道德多元主义：复辩状（在欧洲人权法中）

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2765

A. Zysset

{"title":"Legal and Moral Pluralism: A Rejoinder (in European Human Rights Law)","authors":"A. Zysset","doi":"10.5617/OSLAW2765","DOIUrl":"https://doi.org/10.5617/OSLAW2765","url":null,"abstract":"Sociologically and normatively, the concept of legal pluralism presupposes a ‘legal system’ or a ‘law-like’ normative order displaying a distinctive structure (eg an institutionalised system of rules and sanctions) whose boundaries can be determined and distinguished from others (or from non-law). Legal pluralism thereby presupposes that the boundaries between those entities are cognisable (descriptively or normatively) and distinguish large-scale entities (‘system’, ‘order’, ‘layer’, etc). In this article, I argue that this overlapping concept of legal pluralism is inapplicable to human rights law either descriptively or normatively (with particular emphasis on the European Convention on Human Rights (ECHR). Normatively, recent philosophical literature suggests that human rights (law) may be endorsed by a variety of moralities (eg collectivistic) that make it safe from the critique of parochialism , legal or moral. Descriptively, European human rights law has never been legally depicted as an autonomous and complete legal order in the vein of EU law as held by the European Court of Justice in Van Gend en Loos. This is explained by the structural principle of subsidiarity shaping the complementing roles of the European Court of Human Rights (ECtHR) in reviewing state practices and national courts in applying the ECHR. How shall we then understand the point (if any) of legal pluralism in the context of European human rights law? I argue that one first needs to uncover the link between legal and moral pluralism and therefore ‘pierce’ the large-scale boundaries premised in the conventional concept of legal pluralism. I show how pluralism is used in the reasoning of the ECtHR to justify its authority over national courts, so that the distinction between legal ‘orders’ or ‘systems’ is contingent upon the normative role that moral pluralism plays in justifying the duties correlative to human rights.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"2 1","pages":"176-199"},"PeriodicalIF":0.0,"publicationDate":"2017-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42893628","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}

引用次数: 0

Disasters and Refugee Protection: A Socio-legal Case Study from Yemen 灾害与难民保护:也门社会法律案例研究

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2768

V. Kolmannskog

引用次数: 1

Competition Law Through an Ordoliberal Lens 从非强制性视角看竞争法

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW2568

Ignacio Herrera Anchustegui

引用次数: 9

The European Court of Justice and General Principles Derived from the Acquis Communautaire 欧洲法院与《公社法》的一般原则

Oslo Law Review Pub Date : 2017-03-07 DOI: 10.5617/OSLAW980

Élise Poillot

引用次数: 2

The Place of Human Dignity in Environmental Adjudication 人类尊严在环境裁决中的地位

Oslo Law Review Pub Date : 2017-03-06 DOI: 10.5617/OSLAW3946

D. Townsend

{"title":"The Place of Human Dignity in Environmental Adjudication","authors":"D. Townsend","doi":"10.5617/OSLAW3946","DOIUrl":"https://doi.org/10.5617/OSLAW3946","url":null,"abstract":"A number of scholars have argued that addressing the significant environmental problems we face today is not merely a matter of finding technical or technological solutions, it also requires that we interrogate our assumptions about the nature of our own humanness and come to terms with what this means for how we behave towards nature. This paper argues that human rights courts engage in questions of human nature and value through their use of the concept of ‘human dignity’ and, as a result, it is a concept that may have an important role to play in human rights cases of an environmental nature. Historically, however, dignity is a concept concerned with the superiority of humanity to the rest of nature, and one thought to be anthropocentric and antithetical to environmental concerns. This paper considers whether human dignity might nevertheless have a beneficial role to play in environmental adjudication by considering its role in legal adjudication from a pragmatic perspective. This paper considers an approach to dignity proposed by Jeff Malpas – one that sees humans as embedded in and constituted by place – and examines whether this approach might impact on the course of judicial reasoning in environmental cases.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"3 1","pages":"27-50"},"PeriodicalIF":0.0,"publicationDate":"2017-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489234","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}

引用次数: 2

Harmonising Human Rights Law and Private International Law through the Ordre Public Reservation: the example of the Norwegian Regulation of the Recognition of Foreign Divorces 通过Ordre公共保留地协调人权法和国际私法：以挪威承认外国离婚条例为例

Oslo Law Review Pub Date : 2017-03-06 DOI: 10.5617/OSLAW3947

Tone Linn Wærstad

{"title":"Harmonising Human Rights Law and Private International Law through the Ordre Public Reservation: the example of the Norwegian Regulation of the Recognition of Foreign Divorces","authors":"Tone Linn Wærstad","doi":"10.5617/OSLAW3947","DOIUrl":"https://doi.org/10.5617/OSLAW3947","url":null,"abstract":"This article examines the impact of the protection against discrimination guarantee in family law cases that raise questions related to private international law. The steady incorporation of international human rights protection against gender discrimination into positive Norwegian law implies a stronger focus on human rights in legal cases in which private international law is applied. The focus of the article is on the ordre public reservation as a means of harmonising private international law rules and human rights rules. This is illustrated by assessing the interpretation of the ordre public reservation in the recognition of foreign talaq divorces in Norway. This interpretation rests on human rights law, as it has been understood and implemented in Norwegian law, in legal scholarship and by administrative authorities. The findings suggest that the one-sided focus on connection in private international law should be altered to align better with the unilateral protection against discrimination that follows from international human rights law. Accordingly, the strong focus on the result in the assessment of the ordre public reservation should be altered to capture more fully the procedural and underlying regulations informing cases of a discriminatory nature.","PeriodicalId":36793,"journal":{"name":"Oslo Law Review","volume":"3 1","pages":"51-71"},"PeriodicalIF":0.0,"publicationDate":"2017-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42388824","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}

引用次数: 0