Peter Orebech

UiT The Arctic University of Norway · Biology, fisheries sciences and economy

This study focuses on international law, emphasizing customary law and general principles of law in particular, a platform of which is the “no double standard axiom”, i. e. the position that “human interaction creates reciprocal rights and duties”. These prescriptions are the well-known bottom-up remedies set forth in Article 38(1)(b) & (c) of the...

Western Scandinavia: Exit Bürgerliches Gesetzbuch—the Resurrection of Customary Laws

International law has struggled to get a grip on the problem of overlapping universal jurisdiction. What is a viable system like? The challenge of our time is to make sovereignty and independence co-exist with new forms of governance across borders.7 My position is that the ‘Reciprocity-symmetry-comity-concept’ is balancing overlapping and conflict...

This analysis considers the viability of allocation mechanisms applied to the North East Atlantic mackerel stock. The aim is to depict the legal and political frames with a special emphasis on how traditional fishing nations should interact with new participants: who should rightly participate in decision-making processes? How to promote just distr...

The Svalbard Treaty and its claimed 'extended-reach' jurisdiction incorporating both the continental shelf and exclusive economic zone (EEZ) - ie a fisheries protection zone (FPZ) - is an international law puzzle. Disputes regarding the Treaty's jurisdictione ratione terrae results from interpretative differences. My findings are as follows: the Tr...

Sovereignty acquired by occupation entails “recognize[d] title based on discovery,” “a reasonable period [of] … effective occupation of the region claimed to be discovered” and “the continuous and peaceful display of State authority.” Only terra nullius is subject to occupation. A territory inhabited by indigenous groups that sustain social and pol...

Customary laws – popular rules established from the bottom up – play a vital role in civil as well as common law countries. Occasionally legislators refer directly to custom and usage as a primary source of law. Even the lack of reference to customary law may not hinder courts from recognition. However, a minimum requirement is that the custom be r...

This lex ferenda article examines EU efforts to change the criticized and now-repealed 2002 “top-down” management regulation with its discard system, vessel decommissioning, fishing effort management, and quota allocations. The 2013 regulation's objective is to remedy the Common Fisheries Policy's “five structural failings.” Unfortunately, the new...

This article investigates whether the US war against Al Qaeda in Afghanistan is a customary ‘inherent right’ under the right to force doctrine as codified in Article 51 of the UN Charter. While its fool-proof nucleus covers national states inter partes relations, the provision's applicability to non-governmental organizations (NGOs) is unclear, esp...

THE RIGHT TO BE A PART OF NATURE – INDIGENOUS PEOPLES AND THE ENVIRONMENT. LeenaHeinämäki. 2010. Rovaniemi: Lapland University Press. 380 p, softcover. ISBN 978-952-484-367-5. €43 - Volume 49 Issue 4 - Peter Thomas Ørebech

Abstract The North East Atlantic mackerel is moving westward and northward. How to integrate new coastal states whose Exclusive Economic Zone is invaded by mackerel into existing decision-making processes? The 1982 Law of the Sea Convention, the 1995 Straddling Fish Stocks Agreement, the 1980 North East Atlantic Fisheries Convention, and bilateral...

The delimitation line that after 40 years of negotiation (2010) marks the offshore border between Norway and Russia is resulting from longstanding talks according to the negotiation principle as manifest in UNCLOS (1982) Article 74 and 83. Beyond the territorial sea the function of the median (equidistance)- and the sector line is nothing but diplo...

The Icelandic internet bank Icesave went bankrupt in late 2008. The insufficient Icelandic deposit guarantee scheme (Tryggingasjóður) did not resist the Icelandic financial meltdown and failed to compensate British and Dutch depositors the guaranteed sum of €20,887 as settled in Directive 94/19/EC, which according to the European Economic Area Agre...

'Possession' as defined in The European Convention of Human Rights (ECHR), the First Additional Protocol (FAP) Article 1 resulting from judicial legislation incorporates not only the physical control of assets, but as well rights and benefits constituting assets, intellectual property, patrimonial rights, the "right to credit", "VAT [value added ta...

Theo Tschuy’s book Dangerous Diplomacy illustrates why freedom of speech, a free press, critical opposition and self-reliant citizens with no fear of the high and mighty are alpha & omega in all societies. Even though some success is achieved in creating human rights institutions, we still need the “righteous” to prevent human rights abuses on a da...

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and Northern Norway, this book examines whether ‘bottom-up’ systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law c...

Under the Individual Transferable Quota (ITQ) schemes, the economic calculations fail to reflect a just distribution of wealth and results in deprivation of the public trust of fisheries. Some “neoclassic” economists claim that ITQs cost-efficiently eliminate the tragedy of the commons. However, Norwegian cost–benefit studies indicate a financial l...

The 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states main...

The 1995 UN Straddling and High Migratory Fish Stocks Agreement is designed to implement the management principles of the LOS Convention applicable to these stocks. This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries manageme...

The 1995 UN Straddling and Highly Migratory Fish Stocks Agreement is designed to implement the management principles of the LOS Convention applicable to these stocks. This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries manage...