| 31. |
- Kristoffersson, Eleonor, 1972-
(författare)
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Value Added Tax as a Legal Transplant
- 2021
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Ingår i: Intertax. - : Wolters Kluwer. - 0165-2826 .- 1875-8347. ; 49:2, s. 186-197
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Tidskriftsartikel (refereegranskat)abstract
- In this article, Value Added Tax (VAT) is examined as a legal transplant. The legal transplants theory relies on the assumption that legal transplants are the primary driver behind legal change. In order to establish whether this is the case for VAT, the distribution of VAT across the world is examined. This spread, however, should be evaluated against the different legal VAT families that may be identified around the world in order to determine if the identity of the transplanted system remains. That said, VAT families vary over time, and there is no specified definition of different VAT families. The establishment of the relevance of studying VAT as a legal transplant may feasibly lead to a discussion on whether a legal transplant approach is appropriate for comparative research in VAT since such an approach entails a risk for too much emphasis on similarities. The fact that statutes appear to be similar does not necessarily mean that the law is the same due to various factors such as legal culture. However, with an awareness of the inadequacies of the legal transplants approach as a method for comparative studies, the approach may provide valuable insight into explaining the similarities and differences in VAT.
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| 32. |
- Käll, Jannice, 1985
(författare)
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A Posthuman Data Subject? The Right to Be Forgotten and Beyond
- 2017
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Ingår i: German Law Journal. - 2071-8322. ; 18:5, s. 1145-1162
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Tidskriftsartikel (refereegranskat)abstract
- The general assumption in the West is that there still is an inherent difference between persons and things. This divide informs how “the human” and human subjectivity are constructed as distinct from all others. Recently, the distinction has been challenged in posthumanist theory, where it has been argued that the divide between human and nonhuman agents—or rather, bodies—is always an effect of a differential set of powers. For this reason, the boundaries between human and nonhuman are always in flux. As posthumanist theorists have argued, this change in boundaries may be specifically visualized in relation to digital technology. Today, such technologies obfuscate the boundaries between persons and things, and the extensive utilization of smartphones, social media, and online search engines are just three common examples. In parallel to the continuous expansion of digital technologies, critical understandings of how “data” and human personhood are produced are increasingly raised in legal theory. Recent developments establishing increased privacy online through EU law, including the new General Data Protection Regulation and the famous Right to Be Forgotten case could possibly be understood to have struck a balance between interests of the human–in the form of privacy—and the digital—in the form of information diffusion. In this Article, a posthumanist theoretical perspective is utilized to show how the new data protection legislation, with a focus on the Right to Be Forgotten, produces such protection yet continuously withdraws data as a separate body from human bodies. For this reason, it is argued that the construction of new human rights, such as those considering data protection, would benefit from understanding how the separation is, in itself, an effect of advanced capitalism.
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| 33. |
- Langlet, David, 1977-
(författare)
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Safe Return to the Underground? The Role of International Law in Subsurface Storage of Carbon Dioxide
- 2009
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Ingår i: Review of European Community & International Environmental Law. - : Wiley. - 0962-8797 .- 1467-9388. ; 18:3, s. 286-303
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Tidskriftsartikel (refereegranskat)abstract
- Carbon capture and storage (CCS) has been described as an indispensable element in fighting dangerous climate change. At the same time, the technology is associated with significant uncertainties and risks. Focusing on the geological storage of captured CO2, this article takes stock of ongoing processes for accommodating CCS in international law. It finds that the current approach to CCS is patchy and, partly, short on substance. It then attempts to establish to what extent a harmonized international approach to regulating CCS is called for and how it may be achieved.
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| 34. |
- Langlet, David, 1977-
(författare)
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Transboundary Transit Pipelines : Reflections on the Balancing of Rights and Interests in Light of the Nord Stream Project
- 2014
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Ingår i: International and Comparative Law Quarterly. - 0020-5893 .- 1471-6895. ; 63:4, s. 977-995
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Tidskriftsartikel (refereegranskat)abstract
- The Nord Stream project, which comprises two natural gas pipelines in the Baltic Sea, eminently illustrates several of the ambiguities that pertain to the ability of coastal States to regulate the laying and operation of transit pipelines in their exclusive economic zone and, conversely, the extent of the right of other States to carry out such activities. A highly significant issue is how seabed surveys undertaken in preparation for the laying of pipelines should be characterized, and thus regulated, under the United Nations Convention on the Law of the Sea. What is to be considered a ‘reasonable measure’ by a coastal State is another crucial issue which, together with the extent of the requirement for consent by the coastal State for any specific pipeline route, are decisive for defining the balance between potentially competing interests relating to submarine transit pipelines.
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| 35. |
- Papadopoulou, Frantzeska, 1977-
(författare)
-
Supplementary Protection Certificates : still a grey area?
- 2016
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Ingår i: Journal of Intellectual Property Law & Practice. - : Oxford University Press. - 1747-1532 .- 1747-1540. ; 11:5, s. 372-381
-
Tidskriftsartikel (refereegranskat)abstract
- Supplementary Protection Certificates (SPCs) were introduced in 1992, and have since been considered a very valuable tool for the pharmaceutical industry, allowing for market prolongation and compensating for the effective patent protection time lost in the process of market authorization.Over the past five years, numerous Court of Justice of the European Union (CJEU) rulings have attempted to interpret the provisions of EU Regulation 1901/2009 and provide clarity to patent holders as well as generics manufacturers as to the protection requirements and the scope of protection awarded. This article analyses the implication of major CJEU cases concerning the interpretation of Articles 3(a), 3(d) and 1(b) of the Regulation.The article also discusses the interrelation between the EU SPC Regulation, on the one hand, and the Market Authorization Regulation and the Market Authorization Directive, on the other, and compares the EU system with that provided by the USA. An analysis of recent case law reveals that now, some 25 years after the entry into force of the Regulation, the system is still obscure. A serious concern also arises as to whether the system as it stands today is simply inappropriate to the protection of modern pharmaceuticals and whether this is also one of the reasons for the growing volume of case law in the field.
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| 36. |
- Parsa, Amin, 1985-, et al.
(författare)
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Legal Tech, the Law Firm and the Imagination of the Right Legal Answer
- 2023
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Ingår i: Law and Critique. - Dordrecht : Springer. - 0957-8536 .- 1572-8617. ; 34:3, s. 381-394
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Tidskriftsartikel (refereegranskat)abstract
- Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before!© 2023, The Author(s).
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| 37. |
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| 38. |
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| 39. |
- Perry, Elizabeth, Dr. 1975-
(författare)
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Swedish Chapter
- 2024
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Ingår i: Just Parent - Legal Protection for Social Parenting Handbook. - Modena : Mucchi Editore. - 9791281716025 ; , s. 191-277
-
Bokkapitel (refereegranskat)abstract
- The Swedish chapter of this Handbook aims to summarize and critically analyze relevant law and practice in Sweden as of early 2024 concerning social parenthood, a topic being investigated in light of EU-level efforts to harmonize or otherwise minimize discrimination against certain EU citizens, be they parents or children, due to the social instead of traditional biological basis of their parent-child relationship.It analyzes the Swedish legal concepts of parenthood, family, social parenthood and de facto parenthood, how parenthood is established (by automatic operation of Swedish law, by consent or intention such as in situations of confirmation of parentage, adoption, and medically-assisted reproduction) as well as ways that current law and its application, including in cross-border cases such as those in which recognition of foreign-issued parenthood-related documents is sought, can lead to discrimination and its negative consequences for children and parents. As the Handbook's Policy Recommendations explain,"Social parenthood is an umbrella term used to describe the relationship between a person assuming parental status or parental responsibility anda child, in the absence of a genetic, biological, and gestational contribution between the former and the latter. The category includes all forms offiliation resulting from the various types of adoption, including stepchildadoption, as well as filiation resulting from donor-gamete-based medically-assisted reproduction, medically-assisted procreation (MAP) using acouple’s own gametes, surrogacy, post-mortem procreation (use of gametes after a natural parent’s death), adoption of embryos, and heterologousMAP by mistake (switched gametes at the lab resulting in a child not biologically related to the intended parents)."Social parenthood further includes functional/de facto parenthoodby adults in actual parenting roles with a child and parenthood foundedon informed consent more generally. In the free-movement context, itincludes cases in which certain countries provide legal status to a parentchild relationship while in other states the parent and child are treated as“legal strangers”."By including the concept of social parenthood in legal regulation of thefamily, such legal harms can be avoided and more emphasis can be placedon what is central for the child: enduring care for the development of theidentity of the child, in coordination with the document “EU strategyon the rights of the child”. The approach is supported by research findings from the studied jurisdictions that document existing rules of domestic law aimed at the preservation of a social parent-child relationship, thatis to say a non-biological status filiationis for the protection of the bestinterest of the child. The term is highly relevant to EU legal developmentbecause it includes both the above-described non-biologically-based formsof parenthood/filiation based on national law and the filiation status thatcirculates between EU Member States and in cross-border cases between EU and non-EU countries."
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| 40. |
- Persson, Annina H., 1963-, et al.
(författare)
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Household Credit, Indebtedness and Insolvency
- 2013
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Ingår i: European Review of Private Law. - Bedfordshire : Wolters Kluwer. - 0928-9801 .- 1875-8371. ; 21:3, s. 795-814
-
Tidskriftsartikel (refereegranskat)abstract
- The problem of excessive debt among households in Sweden is increasing. As a result of the development within the financial sector, households in Sweden have increased their debt incurrence markedly. It has been relatively easy to borrow money, due to the deregulation of the credit market in Sweden in the 1990s and the low interest rates in recent years. As mortgage loan is the bulk of the total household debt, the risk that individuals will be affected by excessive debt incurrence and insolvency has therefore increased. Therefore, a number of new legislative changes have been implemented to overcome this problem. In order to prevent these risks, the Financial Authority has adopted a rule that stipulates that new loans should not exceed 85% of the property market value. Reports from both the Swedish Enforcement Authority and the Swedish Financial Supervisory Authority show that 20% of Swedish households have a difficult time making ends meet. Those who are affected by excessive debt often experience a lower standard of living since frequently they are impacted by distraint.The aim of this paper is to describe and analyze the excessive debt situation in terms of insolvency and effects on households and society. Firstly, we intend to investigate foreclosures in Sweden, both regionally and over time. Why are certain regions less frequently affected by these risks while other regions show higher levels of risk even during generally good years? Secondly, we will investigate whether (a) whether properties that have undergone executive auction are sold at a lesser value, (b) if these properties have an impact on the property prices in the vicinity and (c) if those who buy these properties themselves run a greater risk of insolvency. Thirdly, a closely related area of legal interest is investigating to what extent legislation provides a protective net for the debtor who, through the executive auction, thereby loses his/her residence.
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