Responsibility, and in particular attribution of conduct, is one of the most intensely debated issues of public international law in the last couple of decades. In this article I seek to determine whether, how, and when acts or omissions may be attributed both to an international organisation and a member State (dual attribution). My aim is to clarify what dual attribution is, and what it is not. This is done in two steps. First, I (a) define the concept of dual attribution, (b) demonstrate that dual attribution is possible under the current law of international responsibility, and (c) establish a typology of dual attribution. Second, dual attribution is distinguished from three forms of shared responsibility. These are situations of two acts or omissions leading to one injury, derived responsibility, and the notion of piercing the corporate veil of international organisation. I end the article by criticising the disproportionate attention given to dual attribution in legal scholarship, given its limited practical utility.
The Norwegian constitution is the second oldest living constitution in the world, and the country’s Supreme Court was also the second in the world to judicially review legislation. Yet, Norway’s deep constitutional history has gone often unnoticed in comparative scholarship, while comparative constitutional law within Norway has not attracted significant attention, despite the many constitutional influences from abroad. This article introduces the Norwegian constitution to an international audience and places it within a comparative perspective for a Norwegian readership. After a brief overview of comparative method(s), the remainder of the article focuses on three core areas of constitutional law: system of government, judicial review, and constitutional amendments. Using descriptive statistics, qualitative case studies, and legal and archival sources, the Norwegian experience is situated within a global context.
Oslo Law Review
3-2019, volume 6
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).
Professor Lee A. Bygrave, Department of Private Law, University of Oslo
Professor Vibeke Blaker Strand, Department of Public and International Law, University of Oslo
Luca Tosoni, Norwegian Research Center for Computers and Law, Department of Private Law, University of Oslo
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
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
The journal is published by Scandinavian University Press (Universitetsforlaget) on behalf of the Faculty of Law at the University of Oslo.