Papers by Bjarni Már Magnusson
The Continental Shelf Beyond 200 Nautical Miles, 2015
Arctic Yearbook, 2016
around specific applied research challenges in the areas of water, energy, health and infrastruct... more around specific applied research challenges in the areas of water, energy, health and infrastructure. The Initiative is designed to have an immediate impact on our understanding of these Arctic issues within the timeframe of the U.S. Chairmanship of the Arctic Council (2015-2017). The Fulbright Arctic Initiative brings together leading scholars, policy makers, government officials, indigenous peoples and other stakeholders to identify critical Arctic issues, conduct policy-relevant research, and widely share findings and recommendations. Briefing Note
Ocean Development & International Law, 2017
Although most provisions of the United Nations Convention on the Law of the Sea are regarded cust... more Although most provisions of the United Nations Convention on the Law of the Sea are regarded customary international law and the United States views most of its provisions as such, the outsider status of the United States causes problems in some areas, especially concerning the continental shelf beyond 200 nautical miles. This article asks whether it is possible for the United States to establish the outer limits of its continental shelf beyond 200 nautical miles in line with international law without becoming a state party to the convention, and if that is possible, how could the United States proceed? KEYWORDS Commission on the Limits of the Continental Shelf; Continental Shelf; customary law; United Nations Convention on the Law of the Sea CONTACT Bjarni M ar Magn usson
WORKING RECOMMENDATIONS OF THE FULBRIGHT ARCTIC INITIATIVE ENERGY GROUP A MessAge froM LeAd schoL... more WORKING RECOMMENDATIONS OF THE FULBRIGHT ARCTIC INITIATIVE ENERGY GROUP A MessAge froM LeAd schoLArs dr. ross VirginA And dr. Mike sfrAgA The Arctic faces complex sustainability challenges that are critical to the social and economic well-being of its communities. There is a critical need for more interdisciplinary research designed to inform policy decisions in areas such as community health, energy development, environmental protection, climate change response, infrastructure, and governance. The work presented here is an outcome of the Fulbright Arctic Initiative sponsored by the U.S. State Department's Bureau of Educational and Cultural Affairs. This initiative was created in 2015 to initiate new research broadly supportive of the U.S. Arctic Council Chairmanship (2015-17) priorities in the focal areas of improving economic and living conditions for Arctic communities; Arctic Ocean safety, security and stewardship; and addressing the impacts of climate change. The Fulbright Arctic Initiative brings together 19 scholars in diverse fields from the 8 Arctic nations to work on individual research projects and in teams on energy, water, health, and infrastructure problems. The scholars were organized into thematic research teams with the goal of creating interdisciplinary dialog and diversifying international perspectives on solutions to pan-Arctic problems. The research of the Energy Group focuses on understanding the impacts of extractive industries and the transition to renewable energy in the Arctic. The tensions between economic, energy, and environmental security continue to be central to the future development of energy resources in the Arctic, and continue to make the transition to renewables difficult. The Energy Group drew upon respective national perspectives, comparative research exchange experiences, the literature, as well as each scholar's past research and diverse disciplinary strengths, to collaboratively identify a set of significant policy recommendations to support the development and deployment of renewable energy in the Arctic and Sub-Arctic regions. The primary goal of these recommendations is for the Arctic Council to consider establishing guidelines to facilitate the development of renewable energy in Northern areas. The Fulbright Program was established in 1946 "to increase mutual understanding between the people of the United States and the people of other countries." The work produced by the Fulbright Arctic Initiative demonstrates the power of international cooperation and interdisciplinary collaboration to create policy relevant research to solve problems facing the Arctic and the world.
Veftímaritið Stjórnmál og stjórnsýsla, 2018
The article is the first to explore the Icelandic legal framework for sports with a focus on gend... more The article is the first to explore the Icelandic legal framework for sports with a focus on gender equality. The underlying principles of the current legal framework, domestic and international obligations as well as government policy and funding are analyzed, applying doctrinal methodology. Due to the structural formation of sports in Iceland, the article also examines the Icelandic sports association and to what extent gendered perspectives are reflected in its structure, bylaws and policy. The main conclusion is that the state does have an obligation to ensure gender equality in sports in Iceland. The article suggests some legal uncertainty as regards the extent of this responsibility, not least due to the distributed structure of legal responsibility of sports in Iceland. The distinction between sports as an organized recreational or youth activity on one hand and as a part of the work market on the other, calls for further studies concerning recent legal amendments demanding e...
Icelandic Review of Politics and Administration, 2016
When Iceland became a party to NATO, the Icelandic government seems to have believed that it made... more When Iceland became a party to NATO, the Icelandic government seems to have believed that it made a reservation to the core obligation of the North Atlantic Treaty – the “one for all and all for one” obligation — in a speech held during a dinner celebrating its signature. A few decades later, this belief prevails, to some extent, in Icelandic politics. This opinion has no substance in international law. As is discussed, the reservation does not conform to formal and substantive requirements that international law makes to reservations. Consequently, Iceland is bound by the North Atlantic Treaty in the same way as other member states.
Icelandic Review of Politics and Administration, 2006
Hlutverk utanrikismalanefndar Alþingis hefur verið meira i kastljosinu en oft aður vegna deilna u... more Hlutverk utanrikismalanefndar Alþingis hefur verið meira i kastljosinu en oft aður vegna deilna um logmaeti þeirrar akvorðunar þaverandi forsaetisraðherra, Daviðs Oddssonar og þaverandi utanrikisraðherra, Halldors Asgrimssonar, fra 18. mars 2003 að styðja aform Bandarikjanna, Bretlands og annarra rikja um tafarlausa afvopnun Iraks. Fjorleg umraeða leystist ur laeðingi um aðkomu utanrikismalanefndar að þeirri akvorðun þar sem m.a. var deilt um hlutverk nefndarinnar. Sitt sýndist og sýnist hverjum.
Max Planck Yearbook of United Nations Law, 1998
Established within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) ... more Established within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) (1982), 1 the International Tribunal for the Law of the Sea (ITLOS) 2 is a permanent judicial body, competent to adjudicate disputes arising from the interpretation or application of the said Convention. 3 In some specific circumstances, it can render advisory opinions. It is operational only since August 1996, following the entry into force ofUNCLOS. 4 Seated in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany, the Tribunal is governed by its Statute set out in Annex VI of UNCLOS, and by Part XV and some provisions in Part XI section 5 of the Convention. The Tribunal is open to State parties to the Convention, amounting to 161 (162 with the European Union) in June 2011, 5 but also in some specific circumstances, to international organizations, individuals, and corporations. The Tribunal is composed of twenty-one judges elected by the State parties 6 for renewable nine-year terms "from among persons enjoying the highest reputation for fairness and integrity and of recognized competence
International and Comparative Law Quarterly, Apr 1, 2013
The article analyses the trends in continental shelf boundary agreements that extend beyond 200 n... more The article analyses the trends in continental shelf boundary agreements that extend beyond 200 nautical miles. The focus is on three issues: first, the delimitation method; second, whether States have acted on the basis that they have to delineate the limits between the continental shelf beyond 200 nautical miles and the international seabed area before they engage in a boundary delimitation with neighbouring states; and third, how the end point of the boundary line has been defined. The goal of the analysis is to find out whether any rule of customary law has emerged which seems not to be the case.
The study approaches the Loophole dispute between Iceland, Norway and Russia from an Icelandic pe... more The study approaches the Loophole dispute between Iceland, Norway and Russia from an Icelandic perspective. The focus is mainly on four issues; the underlying legal framework of the dispute, the question why Iceland engaged in these fisheries, the negotiation process and how dramatically Iceland's stance on high sea fisheries has shifted since the mid-1990s. The study attempts to answer if Iceland respected its obligations under the Law of the Sea Convention in the dispute. The study concludes that it is questionable if Iceland behaved as a responsible fisheries nation in the Loophole dispute and that Iceland even violated its obligation under Article 300 of UNCLOS whereas she did not respect Law of the Sea Convention's due regard obligation.
Convention). The 1958 Continental Shelf Convention is one of four conventions adopted in Geneva i... more Convention). The 1958 Continental Shelf Convention is one of four conventions adopted in Geneva in 1958 which are the predecessors to UNCLOS. 8 The international seabed area is usually referred to as the Area. Article 1(1) of UNCLOS defines the Area as 'the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction'. The definition is a negative one 'for in order to know the exact extent of the Area, one needs to know up to where exactly coastal states have extended their national jurisdiction at sea'. Erik Franckx, 'The International Seabed Authority and the Common Heritage of Mankind: The need for States to Establish the Outer Limits of their Continental Shelf' (2010) 25 IJMCL 543, 552. Article 140 of UNCLOS provides that '[a]ctivities in the Area shall ... be carried out for the benefit of mankind as a whole'. 9 These two terms should not be confused with the term demarcation which is important in land boundary delimitations. The demarcation of a land boundary 'amounts to laying it down, as mutually defined, by means of boundary pillars, monuments and buoys, and permanent erections of other kinds, along the topographical conformations of the territories to be separated by it'. A. Cukwurah, The Settlement of Boundary Disputes in International Law (Manchester University Press 1967) 28. Demarcation is of limited practical value in outer continental shelf delimitations since the importance of visually showing the boundary line on the seabed itself is very limited. 10 Article 9 of Annex II to UNCLOS. 11 Article 83 of UNCLOS.
Ocean Development & International Law, 2014
This article addresses maritime boundary delimitation concerning the continental shelf beyond 200... more This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case.
The International Journal of Marine and Coastal Law, 2013
AbstractThis article is a late response to Bjorn Kunoy’s article “The Admissibility of a Plea to ... more AbstractThis article is a late response to Bjorn Kunoy’s article “The Admissibility of a Plea to an International Adjudicative Forum to Delimit the Outer Continental Shelf Prior to the Adoption of Final Recommendations by the Commission on the Limits of the Continental Shelf”, published in this journal in 2010 (25 IJMCL 237). It argues against Kunoy’s assertion that delineation and delimitation are not only two separate steps, but also temporally differentiated, and that the delineation of the continental shelf beyond 200 nautical miles must come first before it is delimited with respect to adjacent and coastal before an international court or tribunal.
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Papers by Bjarni Már Magnusson