| 1. |
- Waltman, Max
(författare)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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| 2. |
- Hallengren, Anders, 1950-
(författare)
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The code of Concord : Emerson's search for universal laws
- 1994. - 1
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The purpose of this work is to detect a pattern: the concordance of Ethics and Aesthetics, Poetics and Politics in the most influential American thinker of the nineteenth century. It is an attempt to trace a basic concept of the Emersonian transcendentalist doctrine, its development, its philosophical meaning and practical implications. Emerson’s thought is analyzed genetically in search of the generating paradigm, or the set of axioms from which his aesthetic ideas as well as his political reasoning are derived. Such a basic structure, or point of convergence, is sought in the emergence of Emerson’s idea of universal laws that repeat themselves on all levels of reality.A general introduction is given in Part One, where the crisis in Emerson’s life is seen as representing and foreshadowing the deeper existential crisis of modern man.In Part 2 we follow the increasingly skeptical theologian’s turn to science, where he tries to secure a safe secular foundation for ethical good and right and to solve the problem of evil.Part 3 shows how Emerson’s conception of the laws of nature and ethics is applied in his political philosophy.In Part 4, Emerson’s ideas of the arts are seen as corresponding to his views of nature, morality, and individuality.Finally, in Part 5, the ancient and classical nature of Concord philosophy is brought into focus.The book concludes with a short summary.
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| 3. |
- Karlsson-Tuula, Marie, 1961-
(författare)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
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| 4. |
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| 5. |
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Legal Issues of the Late 1990s
- 1999
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- This volume contains 18 articles, all of which deal with substantial legal problems. The articles have been arranged under the headings: Commercial Law, Copyright Law, Criminal Law, Environmental Law, Family Law, Labour Law, Tort and Liability, and Transport Law. In this way the volume provides a broad overview of many of the issues currently attracting much attention in Scandinavia. Most of the articles in this volume were written between 1995 and 1999. Some of them have recently been published in the Scandinavian countries and have now been translated into English for the present series. Other contributions have originally been written in English. Table of Contents: Agell, Anders, Family Forms and Legal Policies:A Comparative View from a Swedish Observer, p. 197-216 Bejstam, Lars, Social Benefits and Families with Children - The Family Concept, p. 217-253 Bengtsson, Bertil, Tort Liability and Insurance Practice, p. 281-294 Björnsson, Arnljótur, A Survey of Icelandic Tort Law, p. 295-314 Gorton, Lars, Breach and Remedies in Chartering in the Swedish Maritime Code of 1994, p. 455-479 Gorton, Lars, The Liability for Freight, p. 481-499 Hellner, Jan, Specific Performance in Swedish Contract Law, p. 13-24 Larsson, Marie-Louise, Legal Definitions of the Environment and of Environmental Damage, p. 155-176 Lassen, Birger Stuevold, On Copyright in Saami Joiks, p. 115-124 Leijonhufvud, Madeleine, Corruption – A Swedish Problem?, p. 127-151 Nygaard, Nils, Who is Subject to Liability Pursuant to Section 55 of The Pollution Act?, p. 177-193 Radetzki, Marcus, Cause and Damage: Interpretation of Liability-activating Causation Terms in Property Insurance, p. 315-430 Sandvik, Björn, Direct and Indirect Loss Under “Catch 22” in the Nordic Law of Sales, p. 25-53 Schiratzki, Johanna, Custody of Children in Sweden: Recent Developments, p. 255-262 Sigeman, Tore, Insiders and Outsiders in the Labour Market: Experiences of a Nordic Welfare State in Labour Law Perspective, p. 265-278 Strömbäck, Erland, Personal Injury Compensation in Sweden Today, p. 431-452 Victorin, Anders, The Value of Minority Stocks in Compulsory Redemption: Valuation and Values, p. 89-111 Werlauff, Erik, Best Company Practice: A Duty of Loyalty for the Purpose of Preventing Abuse of Powers Under Company Law, p. 55-87
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| 6. |
- Dingu-Kyrklund, Elena
(författare)
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Nationality and the child: children’s right to citizenship - the Swedish case
- 2004
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Ingår i: The 3rd European Conference on Nationality “Nationality and the Child” 11-12 October 2004.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The right to citizenship is an important right that every child should enjoy. In a general discussion on nationality, acquisition and loss of citizenship, the rights of the child against the background of extensive international migration, the article argues about the multiple aspects embedded in the citizenship concept and its practical content, presenting the legal status quo in the matter in the Swedish context.
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| 7. |
- 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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| 8. |
- Havenhand, Jonathan N., 1959, et al.
(författare)
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Ecological and functional consequences of coastal ocean acidification : Perspectives from the Baltic-Skagerrak System
- 2019
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Ingår i: Ambio. - : Springer Science and Business Media LLC. - 0044-7447 .- 1654-7209. ; 48:8, s. 831-854
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Forskningsöversikt (refereegranskat)abstract
- Ocean temperatures are rising; species are shifting poleward, and pH is falling (ocean acidification, OA). We summarise current understanding of OA in the brackish Baltic-Skagerrak System, focussing on the direct, indirect and interactive effects of OA with other anthropogenic drivers on marine biogeochemistry, organisms and ecosystems. Substantial recent advances reveal a pattern of stronger responses (positive or negative) of species than ecosystems, more positive responses at lower trophic levels and strong indirect interactions in food-webs. Common emergent themes were as follows: OA drives planktonic systems toward the microbial loop, reducing energy transfer to zooplankton and fish; and nutrient/food availability ameliorates negative impacts of OA. We identify several key areas for further research, notably the need for OA-relevant biogeochemical and ecosystem models, and understanding the ecological and evolutionary capacity of Baltic-Skagerrak ecosystems to respond to OA and other anthropogenic drivers.
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| 9. |
- Waltman, Max
(författare)
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Prohibiting Purchase of Sex in Sweden : Impact, Obstacles, Potential, and Supporting Escape
- 2010
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- This paper analyzes the core reasons for the Swedish law from 1999 which criminalizes purchase of sex and decriminalizes the prostituted person, passed as part of an omnibus bill against violence against women and recognizing prostitution as a form of it. Further, it documents the law’s impact by comparing data from several recent Swedish studies with the situation in other relevant countries, concluding the law has significantly reduced the occurrence of prostitution manifolds compared to its neighboring countries. Crucial obstacles to effective implementation are also addressed, particularly in current case law. Some of the critique against the law and disinformation about the law’s effects are also commented. Finally, to realize its full potential to support escape from prostitution more efficiently, it is argued that the civil rights of prostituted persons under current law should be strengthened to get damages paid for directly by the tricks/johns for the harm they have contributed to. An additional consideration is for individual states to extend the use of the Palermo Protocol (international law acknowledging connections between prostitution and sex trafficking) to charge tricks for trafficking when they “receive” persons who are effectively pimped.
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| 10. |
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