| 1. |
- 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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| 2. |
- Papadopoulou, Frantzeska, 1977-
(författare)
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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
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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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| 3. |
- Enell, Sofia, et al.
(författare)
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Rättigheter som ”token”, egenansvar och egenvärde – : Barn och ungas förståelse av rättigheter i låst institutionsvård
- 2023
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Ingår i: Nordisk socialrättslig tidskrift. - : Stockholms universitet. - 2000-6500. ; :2023 35-36, s. 7-38
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Tidskriftsartikel (refereegranskat)abstract
- In Sweden, the recent debate on youth crime has focused on strengthening repressive measures. At the same time, government work is underway to strengthen children’s rights. Young people who are placed for the purpose of care in secure youth care (locked institutions) are placed at the intersection of these two trends. Starting from a critical children’s rights perspective, we explore how young people understand rights in a secure care environment and discuss how these understandings relates to central principals, laws and conventions. We start from the concrete situations and contexts in which rights are to be realized in order to contribute to a better understanding of the importance of rights in a secure care environment. The empirical data consists of 15 youth interviews, at four institutions. Three understandings of rights are identified; rights as tokens where rights are seen as something symbolic and without meaning, rights as self-responsibility where rights are seen as conditional on the young people’s actions and, rights as fundamental value where rights are understood as respect for one’s own and others’ human dignity, regardless of their actions. The three understandings of rights can be linked to different care contexts and to the relationship between staff and young people. Taken together, the young people’s understandings highlight the importance of basic principles of dignity and respect on equal terms, as well as the right of children deprived of their liberty to be helped to reintegrate into society. Implications for the operation of secure youth care are highlighted.
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| 4. |
- Papadopoulou, Frantzeska, 1977-
(författare)
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Legal Transplants and Modern Lawmaking in the Field of Pharmaceutical Patents : A Way to Achieve International Harmonisation or the Source of Deeper Divergences
- 2016
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Ingår i: IIC-International Review of Industrial Property and Copyright Law. - : Springer. - 0018-9855 .- 2195-0237. ; 47:8, s. 891-911
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Tidskriftsartikel (refereegranskat)abstract
- Modern lawmaking in the field of pharmaceutical patents and surrounding regulation is to a considerable extent based on legal transplants. Legal transplantation contributes to international harmonisation without requiring an international convention, something very attractive for actors in the pharmaceutical sector operating on an international market. Despite its informal character, and alleged efficiency and simplicity in the transfer of legal rules from one jurisdiction to the other, it requires certain caution. A legal rule may very rarely be seen in complete isolation from the rest of the legal system, since in some cases it is not possible to foresee the results of the legal rule in the exporting country before the transplant takes place. In the field of pharmaceuticals, significant examples of legal transplants are the Bolar exemption and the Supplementary Protection Certificate, both transplanted to the EU by the same US Act, the Hatch-Waxman Act. This article evaluates these two legal rules, comparing their strengths and weaknesses to those of the original provisions in order to highlight different aspects of the process of legal transplantation and the effect they have on the formation of the transplanted rules.
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| 5. |
- Papadopoulou, Frantzeska
(författare)
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The Protection of Traditional Knowledge on Genetic Resources
- 2018
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Bok (refereegranskat)abstract
- Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.
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| 6. |
- Strand, Susanne J. M., Docent, 1972-, et al.
(författare)
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Repeated and Systematic Intimate Partner Violence in Rural Areas in Sweden
- 2021
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Ingår i: International Criminology. - : Springer. - 2662-9968 .- 2662-9976. ; 1:3, s. 220-233
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Tidskriftsartikel (refereegranskat)abstract
- Violence against women lacks geographical boundaries, although research demonstrates higher rates of such violence in rural areas compared to urban areas. The repeated and systematic intimate partner violence (IPV) is especially problematic in isolated areas. This study aims to investigate how repeated and systematic IPV, was handled by the criminal justice system in rural areas in Sweden and how risk and victim vulnerability factors were related to recidivism in this longitudinal prospective study. The sample consisted of alleged perpetrators of repeated and systematic IPV who had been either reported, charged, or convicted of repeated and systematic IPV defined according to the Swedish Law Gross Violation of a Woman’s Integrity targeting such violence, in two rural Swedish police districts during 2011–2014 (N = 258). Results demonstrated that 30% of IPV perpetrators were charged with the Gross violation offense and 5% were charged for other IPV-related offenses. The conviction for the Gross violation offense was 11% and 24% for other IPV-related offenses. 56% were not charged or convicted of any IPV-related offenses. Perpetrators convicted of the Gross Violation offense were more likely to receive longer prison sentences than perpetrators convicted of other IPV-related offenses. Victim cooperation in the police investigation increased the likelihood for prosecution with 7.3 times and for a conviction with 6.1 times. In terms of recidivism 24% engaged in IPV towards the same victim and another 27% recidivated into general criminality. Recidivists had higher summary risk ratings and more individual risk factors than non-recidivists, such as general criminality, employment problems and mental health problems, and victim vulnerability factors including personal problems. To reduce re-victimization, risk and vulnerability factors and supporting victims to cooperate in the police investigation should be considered when forming risk management strategies to protect victims of repeated and systematic IPV in such rural areas.
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| 7. |
- Andersson, Robert, 1968-
(författare)
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Kriminalpolitikens väsen
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)
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| 8. |
- Grenet, Julien, et al.
(författare)
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The effects of electronic monitoring on offenders and their families
- 2024
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Ingår i: Journal of Public Economics. - : Elsevier. - 0047-2727 .- 1879-2316. ; 230
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Tidskriftsartikel (refereegranskat)abstract
- Electronic monitoring (EM) has emerged as a popular tool for curbing the growth of large prison populations. Evidence on the causal effects of EM on criminal recidivism is, however, limited and it is unclear how this alternative to incarceration affects the labor supply of offenders and the outcomes of their family members. We study the countrywide expansion of EM in Sweden in 1997 wherein offenders sentenced to up to three months in prison were granted the option to substitute incarceration with EM. Our difference-in-differences estimates, which compare the change in the prison inflow rate of treated offenders to that of non-treated offenders with slightly longer sentences, show that the reform significantly decreased the number of incarcerations. Our main finding is that EM not only lowers criminal recidivism but also increases labor supply. Additionally, EM improves the educational attainment and early-life earnings of the children whose parents were exposed to the reform. The primary mechanisms through which EM operates appear to involve the preservation of offenders' ties to the labor market, by reducing the barriers to both finding a job and changing employers. Our calculations suggest that the social benefits stemming from EM are about seven times larger than the fiscal savings associated with reduced prison expenditures, implying that the welfare gains from EM could be much greater than previously acknowledged.
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| 9. |
- Klamberg, Mark, 1975-, et al.
(författare)
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Swedish Case Law on the Contextual Elements Relating to War Crimes
- 2020
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Ingår i: Scandinavian Studies in Law. - Stockholm : Stockholm Institute for Scandinavian Law. - 0085-5944. ; 66, s. 217-244
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- A war crime may be defined as a serious violation of a rule of international humanitarian law (IHL) which brings about individual criminal liability. To establish whether an act constitutes a war crime it is thus necessary to establish that IHL applied to and regulated the act. Hence, it must also be established that an international or non-international armed conflict existed at the time and place where the act occurred, and that the act had sufficient nexus to the armed conflict. The present article focuses on the classification of conflict and the nexus between the act and the conflict in Swedish legislation and case law in the light of international law.This article is part of a volume on investigation and prosecution in Scandinavia of international crimes.
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| 10. |
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