| 51. |
- Raitio, Kaisa, et al.
(författare)
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Mineral extraction in Swedish Sápmi : The regulatory gap between Sami rights and Sweden’s mining permitting practices
- 2020
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Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 99
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Tidskriftsartikel (refereegranskat)abstract
- In Sweden, extractive industries are placing increasing pressure on the traditional indigenous Sami livelihood of reindeer herding. Consequently, the intersection of indigenous rights and mining-related development in Sweden has become an increasingly contested socio-legal space. In this article, we analyse the extent to which there are meaningful opportunities for Sami reindeer herding communities in Sweden to effectively influence the permit procedures concerning proposed mines, in order to protect their rights and interests. We provide a comprehensive socio-legal analysis that highlights the weak level of recognition of Sami rights and related impact assessments within the mining permitting system in Sweden. We demonstrate the weakness is caused by several factors: an a priori assumption by Swedish authorities that reindeer herding and mining can generally co-exist; the lack of a codified Swedish State duty to consult the Sami; the narrow scope and the weak status of cumulative impact assessments in Swedish EIA legislation and practice; and the weak recognition of Sami reindeer herding as a “property right” during the permit review process under the balancing of competing land-uses. Our results highlight the urgent need for legislative reform in Sweden, if the State is to fulfil its international obligations and improve its legal consistency concerning the rights of the Sami as an indigenous people.
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| 52. |
- Perry, Elizabeth Stuart, 1975-
(författare)
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Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Ensuring just distribution of and adequate funding for children whose parents do not live together is a global legal challenge. It affects many families as well as every legal jurisdiction’s welfare state and family law.This comparative study describes child support legal solutions in two jurisdictions, California (a liberal welfare state) and Sweden (a social democratic one). Analyzed are the similarities and differences in these states’ legal responses to the inequalities child support law functions to alleviate, and the implications for child support theory and practice in these and other jurisdictions.Micro-comparative chapters demonstrate how the jurisdictions’ regulations differ by analyzing children’s rights and needs and parents’ duties and abilities to pay, each as defined in the child support law. Also compared are procedural laws enforcing child support rights and duties in private and public law cases.Macro-comparative chapters draw a comparative portrait of two welfare state ideological and family law child support approaches, both aiming to reduce inequalities, in terms of how their child support laws and welfare states have defined and addressed the best interests of children and society at large.Most of the differences in the laws and their interpretations are found to reflect the welfare state ideals of the two societies including their ideal models of the family and of individuals’ relationships to the state. Ideals for judicial and negotiated family law conflict resolution also play a significant role.Analyses of the differences include comparison of the jurisdictions’ (1) histories, (2) legal principles and traditions, (3) gender equality ideals and realities and (4) income equality ideals and realities, all as related to legal child support rights and duties.The study provides a better understanding of some of the weaknesses within these regulations, and also of the child support system design choices they represent. Weaknesses in child support laws arise not just from confusions over how to prioritize conflicting interests directly regulated by the legal rules, but also how to prioritize those interests given conflicting ideals of the state and the family, both between and within these societies. Despite the different ideals influencing both systems’ solutions, elements of each jurisdiction’s experience have potential to inform the other’s further development.
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| 53. |
- Andersson, Anna, et al.
(författare)
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Innledning :
- 2018
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Ingår i: Fremmedkrigere. - Oslo : Gyldendal Juridisk. - 9788205502642 ; , s. 9-23
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Bokkapitel (refereegranskat)
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| 54. |
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| 55. |
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| 56. |
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| 57. |
- Enqvist, Lena, 1984-
(författare)
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En myndighet i samverkan : Försäkringskassans rättsliga förutsättningar att samverka med Arbetsförmedlingen samt hälso- och sjukvården
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis investigates and analyzes the legal conditions under which the Swedish Social Insurance Agency may engage in cooperation with the Swedish Public Employment Service and Swedish Health Care Providers (both public and private), regarding rehabilitation, information exchange and investigation measures in individual sick leave insurance cases. It also presents an analysis of whether these legal conditions contribute to safeguarding legality and legal certainty when the Social Insurance Agency is involved in cooperation.Overall the thesis concludes that the legal conditions for such cooperation are good in terms of assistance regarding rehabilitation, information exchange and investigation measures. The designated assignment of the Social Insurance Agency relating to the distribution of sickness benefits is also such that any cooperation that helps the individual's rehabilitation or the investigation and assessment of entitlement to such benefits is encouraged. The legality and legal certainty in such cooperation is also found to be fundamentally safeguarded, since it follows from the principle of legality in Swedish administrative law that any measures taken by the Social Insurance Agency in cooperation with other bodies must be founded in the constitutional legal order. However, since the Social Insurance Agency's assignment pertains to the distribution of positive rights and benefits, the requirements governing how clearly stated and distinct such legal support must be are generally less stringent. This is reflected in the rules and principles identified as supporting or limiting the legal conditions for cooperation, as in many cases they lack detailed prerequisites for when they may be used or what should be done. Many of the legal rules or legal principles that limit the authority and power to freely design the possible content, aims and process practice of cooperation are also not specifically aimed at regulating such situations. Moreover, in many cases they are found in constitutional or general administrative law principles that are essentially abstract, and not usually applied by administrators in the handling of individual cases. This, in turn, affects the overall impact that the supporting factors of legality and legal certainty can have in the Social Insurance Agency's multi-party cooperation. These supporting factors include the Agency's duties to ensure independent decision-making (ideally) based on a clearly designated assignment, to comply with the legal principles of objectivity, equality before the law and foreseeability, and to respect the individual's personal integrity in multi-party cooperation.
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| 58. |
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| 59. |
- Halje, Lovisa
(författare)
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Rättslig operationalisering av företags samhällsansvar : Särskilt om avtalsrätt, köprätt, konsumentköprätt, marknadsföringsrätt och aktiebolagsrätt
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The main objective of this thesis is to explore and describe the possibilities for legal operationalization of CSR in contract law, sales law and consumer sales law, marketing law and company law. A supplementary aim is to identify regulation on and illustrate the regulatory context of CSR. The illustration provides a background and a framework for the main objective of the study, as well as confirms the legal relevance of CSR.Legal operationalization of CSR requires that CSR is anchored in law and that there are mechanisms for enforcement available. In contract law, CSR is legally anchored when a CSR condition follows from a contract. In a Swedish sales law context, legal anchoring takes place when a buyer’s expectation regarding CSR is not met and this is considered a defect, fel. From a marketing law point of view, the possibilities to consider a CSR statement an unfair commercial practice are relevant. In a company law context, CSR is legally anchored when included in the articles of association, in an instruction from the general meeting or the board, in the board’s internal guidelines or in the remuneration guidelines of the company. In all, contract parties, shareholders and the board are “strong” legal subjects, in that they are able to proactively formulate and anchor CSR norms in law. In company law, the understanding of the company’s interest and purpose, as well as the business case for CSR and the understanding of profit create borders within which the company law operationalization of CSR functions. Sales law and marketing law offer retroactive tools to market actors. The possibilities to anchor CSR in marketing law are vast, whereas the applicability of the sales law rules to a large extent is dependent on the connection between the (failed) CSR expectation and the sold goods. The remedies in the explored areas of law typically do not protect the CSR interest in question directly.
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| 60. |
- Larsson, Olof, 1983, et al.
(författare)
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Speaking law to power : the strategic use of precedent of the court of justice of the European Union
- 2017
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Ingår i: Comparative Political Studies. - : SAGE Publications. - 0010-4140 .- 1552-3829. ; 50:7, s. 879-907
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Tidskriftsartikel (refereegranskat)abstract
- We argue that courts may increase their autonomy and effectiveness by persuading governmental actors, who have powers over the societal impact of judicial decisions, of the legal quality of their rulings. This view combines a strategic perspective on judicial decision making with a conception of persuasion that allows courts to widen their zone of discretion. We support our argument with data from the European Union, where we find that the Court of Justice improves its legal justifications—by embedding its decisions in case law—when it faces a more adverse political environment. Our findings suggest both that the limits of judicial independence are set largely by political preferences, and that legal rhetoric may be an opportunity for courts to extend their room for maneuver. They also indicate that political audiences may indirectly influence the development of case law, by triggering courts to engage in precedent.
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