Director’s Preface

2017 has been a challenging but mainly successful year for the Scandinavian Institute of Maritime Law. Two leading textbooks have been published in English: the 4^th revised edition of Scandinavian Maritime Law. The Norwegian Perspective (756 pages) by Thor Falkanger, Hans Jacob Bull and Lasse Brautaset, and the 2ed revised edition of Handbook in Hull Insurance (376 pages) by Trine-Lise Wilhelmsen and Hans Jacob Bull. Other new books include European Energy Law Report, Volume XI, co-edited by Catherine Banet, The Reach of Free Movement, co-edited by Tarjei Bekkedal, and a textbook in Norwegian tort law co-authored by Trine-Lise Wilhelmsen and Birgitte Hagland (of the Institute of Private Law, University of Oslo). In the publication series MarIus, 15 new issues were published.

Research at the Institute has covered the traditional wide field from maritime law as well as ocean law, petroleum law and energy and climate law to different aspects of EU and EEA law. Stian Øby Johansen successfully defended his PhD dissertation The Human Rights Accountability Mechanisms of International Organizations. A Framework and Three Case Studies and likewise, Paula Båckdén defended her PhD dissertation The Contract of Carriage - multimodal transports and unimodal regulations. New areas of research include legal aspects of autonomous ships and legal regulation of the aquaculture industry. On the field of energy law, the Institute’s participation in the large project Norwegian Carbon Capture and Storage (NCCS), lead by SINTEF in Trondheim, is pointing towards the future with its combined energy and climate law focus.

Among larger conferences worth special mention, the biannual 27^th Nordic Maritime Law Conference took place over three days on board the coastal steamer Hurtigruten. The main topic concerned modern organization of ship owning companies. Further, the traditional OST (Oslo/Southampton/Tulane) colloquium was held in Panama, organized by Tulane University Law School. On the field of energy law, the Institute, partnering with the university wide energy initiative, UiO:Energy and the private organization Energy Norway, held a conference on EU and EEA aspects of the energy market. On a completely different field, Alla Pozdnakova was the main organizer behind the faculty’s conference on the Russian Revolution in the Nordic perspective, marking the centennial of the Russian revolution.

The challenges of the Institute during 2017 relate to financing of the activities. The Institute has several excellent long-term partners in government and the private sector. However, the Nordic Council of Ministers, a really long-term partner, has for several years considered its support to Nordic institutions and through this created uncertainty which is detrimental to planning of research initiatives and Nordic activities more generally. Still, it is uncertain what the outcome will be. In addition, after the oil price crisis, the important yearly funding that the Institute used to receive from The Norwegian Oil and Gas Association has been phased out. These two developments make it even more imperative to work for further external funding.

On the personnel side, Professor Christophe Hillion has accepted a position as professor at the Centre for European Law and Professor Angus Johnston of the University of Oxford, has accepted a position as part time professor of energy law. Further, during 2017, Professor Erik Røsæg has been attached to PluriCourts Centre of Excellence and Professor Alla Pozdnakova has moved internally from the Centre for European Law to the Department of Maritime Law. As of 1 September 2017, Professor Ola Mestad took over as director of the Institute after Professor Trine-Lise Wilhelmsen who, impressively, had served as director since 2006.

Ola Mestad

Editor’s Preface

We are pleased to offer a variety of topics in this edition of the Yearbook, reflecting the diversity of research fields in which the Institute is involved, and comprising contributions from the Institute’s own academic staff as well as associated academics.

First, there is Thor Falkanger’s article with comments on the Norweigian Supreme Court case, the “Eimship”, involving choice of law questions in ship labor law. Next is Henrik Ringbom’s article discussing the EU policy and regulatory aspects of Arctic shipping. Thereafter follows Kristina Siig and Birgit Feldtmann’s article in the area of law of the seas, offering perspectives on the methodology/construction of the UNCLOS in conjunction with other law of the seas instruments. Next is another article by Thor Falkanger, this time with an analysis of the concept of the sub-carrier in the Nordic Maritime Codes. Thereafter follows an energy law article by Henri van Soest, discussing the prosumer (producer-consumer) concept in EU law, and clarifying which activities and actors are covered by that concept, and the legal sources of EU energy law involved. Next, there is an article by Henrik Bjørnebye and Ivar Alvik touching on legal interfaces between administrative law, tort law and energy law - more specifically: on governmental liability for changing tariffs in the energy sector. Finally there is another Arctic shipping article, by William E. Butler (Pennsylvania State University), based on his presentation at a seminar held at the Institute in November 2017, and discussing various factors which may have implications on the developments of shipping along the Northern Sea Route.

We are grateful for these contributions which, as illustrated, cover an impressive width of legal areas - and wish our readers joyful reading!

Trond Solvang