| 1. |
- Ahlström, Christer
(författare)
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The status of multilateral export control regimes : An examination of legal and non-legal agreements in international co-operation
- 1999
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis deals with the phenomenon of states concluding international agreements that are, explicitly or impliedly, of a non-legal character. It is first of all argued that states have the option under international law to conclude legally binding agreements or agreements that lack this quality. Subsequently, the thesis addresses the question of how to differentiate a legally binding transaction from a non-legal one. By means of an analysis of the substantive elements of treaties and unilateral declarations it is found that the distinction primarily relates to the subjective intention of the representatives concluding the agreement or making the declaration. Relating this subjective substantive element to the manifestly informal character of the concept of treaty and thenotion of unilateral declaration, i.e., the general lack of mandatory requirements as to the form of a valid transaction, it is concluded that an objective determination of the status of an ambiguous international transactionis often problematic. The question of the material differences between legally binding international agreements and non-legal agreements is also assessed. It is argued that there are substantial and important differences, and,consequently, that it is important to maintain the distinction. The theoretical observations made in relation to the phenomenon of non-legal agreements are also related to a defined empirical material-i.e., five multilateral export control regimes on the non-proliferation of weapons ofmass destruction. The analysis of the status of the foundational documents of these regimes largely corroborates the theoretical observations made as to the problems of determining the formal status of an ambiguous international agreement. The tentative conclusions drawn as to the status of the export control regimes under international law are subsequently related to a discussion of the domestic implementation of the regimes in one country. This study corroborates the finding that the foundational documents of the multilateral export control regimes are of a non-legal character.
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| 2. |
- Aldestam, Mona, 1968-
(författare)
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EC State aid rules : An analysis of the selectivity criterion
- 2005
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The application of Art. 87(1) EC to taxes above all is connected to the application of the derogation method, which appears to be part of the selectivity criterion. This dissertation examines the application of the derogation method and the assessment of the selectivity criterion applied to taxes, primarily de lege lata, but also de lege ferenda. It begins with an analysis of the relationship among the criteria of Article 87(1) EC and continues with an analysis of the relationship between the derogation method and the assessment of the selectivity criterion applied to taxes. Several scholars have criticised the application of the derogation method because of the difficulty of identifying a derogation and of establishing the benchmark against which the derogation should be assessed. In this dissertation both the benchmark and the establishment of a derogation is analysed, partly with reference to the tax expenditure debate that occurred in the subject area of international taxation during the 1970s and 1980s. The selectivity criterion applied to taxes contains an assessment of justification, whereby the selective nature of a measure can be justified on the basis of the nature or general scheme of the system: Therfore the meaning and implications of this assessment are also examined. After all these issues have been examined de lege lata, the extents to which the application of the derogation method and the assessment of the selectivity criterion follow a logical system are discussed and recommendations for eliminating the identified deficiences are put forward.
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| 3. |
- Helmius, Ingrid
(författare)
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Polisens rättsliga befogenheter vid spaning
- 2000
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis investigates the legal authority to use power available to police in pursuing secret surveillance to detect and take legal measures against crimes. It analysis the regulations governing different methods of surveillance, and how they balance public and private interests in legislation as well as in its application.The systematization of the methods of secret surveillance shows a well-reasoned, comprehensive picture needed for the development of a better legislation regarding the security of private life. This is equally pertinent to the interests of the individual police officer. The incorporation of the European Convention on Human Rights into the Swedish legal system in 1955 entailed changes with regard to rights to privacy. In most cases the Convention provides a stronger protection for the right to respect for privacy than does the Swedish Constitution. No methodological investigation was made of the effect of the incorporation of the convention into Swedish legislation which, as a consequence, lacks legal ground for some surveillance methods. Moreover, the protection of privacy provided by the Constitution has not been fully and sufficiently recognised.The legal principles for administrative agencies are more or less expressely observed in legislation. In the application of the law the principles seem to bee adhered to in equal measure when they are explicit in the legislation and when they are not. The study shows however, that the basic principle of legality is not taken into sufficient consideration. Without credibility there is a risk that effective crimefighting is undermined by suspicions of police misuse of powers.
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| 4. |
- Höök, Johan
(författare)
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Intern kommunal kompetensfördelning
- 2000
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden, the competence to make decisions is divided between different organs withinthe municipalities. The duties of a municipality are divided between the directly electedassembly and the indirectly elected committees. According to the Local Government Act,the municipality assembly decides in all matters involving questions of principle or otherwise of major importance. The competence to make decisions is not only regulated in theLocal Government Act, but also in the Instrument of Government Act, RF. In Chapter 1 art7, it is established that the decisions-making power in the municipalities is exercised byelected assemblies. This thesis has several objectives. One is to investigate which competence themunicipal assembly and its committees have according to the Swedish legal system.Furthermore, it examines which issues the municipal assemblies can delegate tocommittees and the limits of what the committees can delegate to municipal employees.The Local Government Act has been, updated in recent years in order to make it easier forcitizens to influence public services without being a member of a political party. In thisthesis it is investigated which competence that was delegated to citizens through these.changes in the law. A brief survey is also made of the, organisation of the municipalities inthe other Nordic countries. The 1991 Local Government Act made delegation from the assembly to thecommittees much easier. According to the travaux préparatories, this reform is inaccordance with the regulation in chapter 1 art 7 RF. The conclusion is that this may bequestioned in some areas: The use of budget authorisation and the fact that committeesmay be entrusted with the right to prescribe local norms can be in conflict with theregulation in chapter 1 article 7 RF.The users of public services have been given several ways to influence publicservices. In this thesis it is shown that there are legal problems which have not been solved for these new forms of public participation.
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| 5. |
- Lundqvist, Ulf
(författare)
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Bevisförbud : En undersökning av möjligheterna att avvisa oegentligt åtkommen bevisning i brottmålsrättegång
- 1998
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The thesis deals with the exclusion of illegally or unfairly obtained evidence in criminal procedure (Beweisverwertungsverbot). The thesis focuses on Swedish law, which is discussed against the background of English and German law. EC-law and the European Convention on Human Rights are also considered. In principle the Swedish position is that it is never possible to exclude illegally or unfairly obtained evidence. This can be critized. For example, the principle of the free presentation of evidence means only that the form of the evidence does not by itself render it inadmissible at trial. Thus, the principle can not be used as a support for allowing such evidence. The Swedish standpoint must be reconsidered due to the Swedish membership of the EU and the incorporation of the European Convention on Human Rights as well as other factors such as the internationalization of crime. In particular, the case-law from the European Court of Human Rights leads to a need for a model to deal with the issue. The reason for excluding illegally or unfairly obtained evidence is to protect certain interests, often related to the suspect/accused as a subject in the proceedings - a protective function. By means of weighing competing interests against each other it is possible to pay regard to relevant arguments and to reach a reasonable outcome. The author proposes that a three fold test be employed in concrete cases in order to decide the admissibility of evidence. Firstly, is there a rule regulating the collection and use of evidence in this area? Secondly, has this rule been violated? Thirdly, does respect for certain procedural or substantive interests motivate excluding the evidence? The model is based upon basic principles in the criminal procedure. The distinction between illegally and unfairly obtained evidence is upheld and the German concept is adopted (selbständige und unselbständige Beweisverwartungsverbote).
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| 8. |
- Nyman Metcalf, Katrin
(författare)
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Activities in space - appropriation or use?
- 1999
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This Thesis is a work of public international law, more specifically of international space law. The Thesis deals with the question of whether different activities in outer space and on celestial bodies are permitted under the rules of freedom of use in the law of outer space or whether some activities amount to appropriation of space, which is banned. This question is of growing importance with the increased intensity of use of outer space. The importance of private actors in outer space provides another factor, which complicates the legal situation. Existing law of outer space, in the form of treaties as well as customary law provides a large number of legal rules for the exploration and use of outer space. Most of these are quite general. It is clear that national appropriation of space is banned, whereas use of space is permitted. The use of space shall be the province of mankind. Existing space law was to a large extent created some time ago, against a different background of space use, with exploration rather than exploitation and with a limited number of actors. Space law needs to be Complemented by more specific rules and by a system to ensure the implementation of these rules. The Thesis examines existing space law and the work of the organisations active in space law. Novel elements of space law, like the agreement on the international space station are examined. Different uses of space are studied to determine what is permitted use and what is banned appropriation. The importance of the provisions on province of mankind and the more elaborate common heritage of mankind to determine the nature of different uses of space are studied. The importance of functional cooperation for space, to achieve a balance between the different interests is evaluated. The Thesis provides an overview over existing space law, highlights the deficiencies and suggests a way forward to achieve a use of space which is feasible, beneficial to mankind and in accordance with the principles of non-appropriation and freedom of use.
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| 9. |
- Spaak, Torben
(författare)
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Guidance and constraint : The action-guiding capacity of theories of legal reasoning
- 2007
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Questions concerning the methods and techniques of legal reasoning have always been of great interest to judges and lawyers, and even more so to legal scholars, especially those who specialize in jurisprudence. In this book, I explore the action-guiding capacity of two general, normative theories of legal reasoning, developed by Neil MacCormick and Ronald Dworkin, respectively, and one normative theory of statutory interpretation developed by William Eskridge. More specifically, the aim of the book is to determine whether any of these theories will take us further than the so-called legal method, and, if so, whether it can give us the kind of concrete guidance we need when confronted with a hard case. Suppose a judge or an attorney or an administrator really understood and could apply these theories. Would they be of any use to him when faced with a hard case? Would they be able to guide him to a decision when the interpretive arguments conflict with one another?
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| 10. |
- Taube, Caroline
(författare)
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Constitutionalism in Estonia, Latvia and Lithuania : A Study in Comparative Constitutional Law
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis deals with the present constitutions of Estonia (1992), Latvia (1922) and Lithuania (1992). Their content and implementation by judicial means are examined and compared with each other. The choice of constitution - a new or an old - is also discussed.The term 'constitutionalism' is understood as an expression of the idea of the evolution in practice of a normative constitution and, furthermore, a constitution that is applied as positive law. This term serves as a point of departure for creating a comparative framework. A model is suggested and it includes three legal criteria of constitutionalism: hierarchy of legal norms, protection of certain constitutional rights and judicial review of constitutionality,The constitutions enjoy a supreme position because of the mechanisms for constitutional amendments. As concluded from constitutional case law, there are difficulties in maintaining the supremacy of statutes in relation to legislation enacted by government. Procedural guarantees, political rights and freedoms and the right to property are provided for at the constitutional level. However, their implementation is problematic, especially in the field of procedural law. Social and economic rights are established and may be enforced. Through the introduction of judicial review of constitutionality, these constitutions are made operative as supreme, positive law to be applied by a special chamber of the Supreme Court (Estonia) or a constitutional court (Latvia, Lithuania). Notwithstanding the differences between these judicial bodies resulting in, for example, a narrow or wide character of the review, their functioning is essential for the implementation of the new constitutional order.New constitutions are advantageous as instruments of change in a period of constitutional transition, especially when accompanied by a constitutional court with a well-balanced circle of petitioners. Reinstating the 1922 Constitution of Latvia has seen advantages mainly in the sphere of legislation.
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