Affiliated master students

Ingvild K. Hoel is writing her master thesis on the development of international regulation and EU-regulation of ship recycling, with focus on 'beaching' of ships. The master thesis concerns environmental law, law of the sea, contract law, and sustainable use in maritime industry. 

As for EU-regulation, the master thesis concerns «Shipments of Waste» Regulation (EC) No 1013/2006 and «On Ship Recycling» Regulation (EU) No 1257/2013, which have been de lege lata in the EU/EØS-countries since respectively 31 December 2012 and 31 December 2018. As for international conventions, the thesis focuses on the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 1989 and the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships of 2009 which is not yet operative. 

The thesis examines the ongoing legal developments within both EU-law and international law. 

Sigrid Hamre attends the research programme at the Faculty of Law in Bergen and is writing a 60 credit master's degree on maritime law. Her ambition is to find out what legal boundaries that exist in established legal positions where environmental considerations advocate intervention. Such legal boundaries may for example be the principle of proportionality. 

The thesis is more specifically related to if there is a principle of proportionality according to § 9 in the Aquaculture Act, concerning reversal of concessions on aquaculture due to environmental issues, and if so; with what content and effect. The link between general administrative law on one side, and special administrative law, more closely concession law, on the other side, if therefore of key importance. 

The position of the environment in the area of administrative law will be examined, with focus on the relationship between environmental issues, the need for an effective administration and the rule of law. 

Per-Harald Hirsch writes about the administrative authority's ability and duty to reverse an administrative decision on licence terms in the absence of an appeal, due to requirements on water quality. The thesis will especially focus on water quality standards with its background in EØS-law, and examine what impact this may have for the authority's reversal access. 

The plan is to illustrate the thesis by looking at the ability to reverse a administrative decision on licence terms relating to concessions on aquaculture, water resources and pollution as a starting point, and compare it to the authority's general ability to reverse a administrative decision according to § 35 in the Act relating to procedure in cases concerning the public administration. The thesis there touches both general administrative law, special administrative law, environmental law, concession law, and EØS law. 

Magnus Mathias Rasmussen writes his thesis on the traffic light system. In short, the traffic light system is a management tool for the Ministry of Trade, Industry and Fisheries in order to regulate the production in the aquaculture industry due to environmental issues. The system gives the Ministry the ability to downscale the production capacity in case of unacceptable environmental effects in a given production area.

In relation to this, Mathias will examine what legal requirements apply to the decision-making process when the Ministry makes the decision to downscale production capacity in such cases, and more closely if these requirements ensure a case preparation which allows the business entities to secure its own interests in that regard. He will further examine how key principles, such as the right to contradiction and justification, are secured in the process, and also what EØS-regulations and requirements that are relevant to administrative decision making in the area of aquaculture.