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Peer reviewed article
Åpen tilgang
Vitenskapelig publikasjon
(side 126-146)
av Erlend Serendahl
Sammendrag

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.

Åpen tilgang
Vitenskapelig publikasjon
(side 147-174)
av Erna Kristín Blöndal og Oddný Mjöll Arnardóttir
Sammendrag

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.

Åpen tilgang
Vitenskapelig publikasjon
(side 175-196)
av William Walton
Sammendrag

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 broaches the possibility of applying damages, restitution and specific performance as alternative remedies.

Oslo Law Review

3-2018, volume 5

www.idunn.no/oslo_law_review

Oslo Law Review was established in 2014, and publishes research articles from all areas of legal scholarship, as well as interdisciplinary articles or articles that engage with law from the perspective of other related disciplines (e.g. political science, anthropology, sociology, linguistics and philosophy).

 

 

Editors-in-Chief

Professor Lee A. Bygrave, Department of Private Law, University of Oslo

Professor Vibeke Blaker Strand, Department of Public and International Law, University of Oslo

 

EDITORIAL ASSISTANT

Dr Matthew Saul, Guest Researcher, PluriCourts, University of Oslo

 

EDITORIAL ADVISERS

Professor Vidar Halvorsen, Department of Criminology and Sociology of Law, University of Oslo

Doctoral Research Fellow Anders Narvestad, Department of Public and International Law, University of Oslo

Professor Alla Pozdnakova, Scandinavian Institute of Maritime Law, University of Oslo

 

Editorial Board

Professor Shaheen Sardar Ali, University of Warwick

Professor Bert Jaap Koops, University of Tilburg

Professor Elise Poillot, University of Luxembourg

Professor Giovanni Sartor, European University Institute/University of Bologna

Professor Emeritus Carsten Smith, University of Oslo

Professor Lawrence Solum, Georgetown University

 

Design and typesetting: Type-it AS, Trondheim

Cover design: Scandinavian University Press, Sissel Tjernstad

ISSN online:  2387-3299

DOI: 10.18261/issn.2387-3299

The journal is published by Scandinavian University Press (Universitetsforlaget) on behalf of the Faculty of Law at the University of Oslo.

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