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- Diakité, Arthur
(författare)
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In search of equality - A critical analysis of non-discrimination provisions in human rights treaties as they apply to migrant workers in Sub-Saharan Africa
- 2007
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The question that links all aspects of this thesis is how democratic nations implement international human rights law to protect their foreign migrant workers from unequal treatment. First, I examine international legal principles that are primarily focused on the principle of non-discrimination in international law. I describe and critically analyse previous publications, postulations, universal and regional instruments that were designed to address the protection of migrant workers from in human rights law. Secondly, I describe and critically analyse the essential features of State protections of migrant workers of two African States that receive large numbers of migrant workers: Nigeria and South Africa. Thirdly, I offer recommendations for those States to improve their protection of migrant workers. Hopefully, the contribution this dissertation will make to the protection of migrant workers within human rights law are as follows: First, through its method of analysis; secondly, through its examination of the practices of the two African States I have selected for study; and thirdly, through its recommendations for improvements.
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- Haupt, Dirk Roland
(författare)
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Internationell investeringsgarantirätt : Det multilaterala investeringsgarantiorganet MIGA
- 1996. - 1
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Avhandlingens analyserar de folkrättsliga reglerna om skydd av utländska investeringar mot icke-kommersiella, d v s politiska risker (i synnerhet valutaöverföringsrisker, risker för expropriering och liknande åtgärder, risker för kontraktsbrott, krigsrisker och risker för inre oroligheter) genom investeringsgarantier i och med tillkomsten av det Multilaterala investeringsgarantiorganet MIGA.
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| 5. |
- Larsson, Stefan
(författare)
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Between Daring and Deliberating : 3G as a Sustainability Issue in Swedish Spatial Planning
- 2008
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The thesis shows how different aspects of sustainable development have been handled or not handled in the third generation infrastructure development in Sweden. The difference between the design of the 3G development – emphazising competition, growth and regional access, based on a strong technological optimism - and the implementation, as the roll out struck the landscape, including the non-handled radiation issue and the legal changes in order to facilitate the roll out, is discussed and analyzed. The roll out formally started in late 2000 as the licence allocation process, the so called beauty contest, was finished. Four operators were to build partly competing systems within three years, each covering 8 860 000 persons, more than 99,98 percent of the populated areas. The Post and Telecommunications Agency can sanction operators not fulfilling licence conditions by a considerable fine. The coverage by the end of the period was between 66 and 74 percent of the promised 8 860 000, with only three remaining operators still participating. Not until 1 December 2006 did the first operator report the required coverage, followed by the two remaining operators by 1 June 2007. The municipal permit handling was blamed for the delay, a reason that “could not have been foreseen”, which helped the operators avoid sanctions from the PTA. The thesis shows that a slow municipal permit process can not explain the lack of coverage in some areas of Sweden. Environmental aspects were not handled at national level but assessed locally in the building permit handling, as well as the regional 12:6 consultations at the County Administrations. This is why the municipal permit process holds many of the keys regarding environmental management and planning. Therefore the permit processes regarding 3G masts has been charted as they developed in time and screened for main issues and conflicts. Public participation can be found in the local context tied to the legal concept of being a concerned party in the permit process, or the 12:6 consultation. In spite of this, the much debated radiation issue is lifted from the participative aspects and legally defined as not relevant. The theoretical basis of the analysis combines spatial planning and sociology of law, applying the sociological concept of norms as entities controlling action on the discussion of two different paradigms of governance derived from planning theory. The thesis project has been a part of a study within the MiSt programme, an interdisciplinary research programme on tools for environmental assessment in strategic decision making funded by the Swedish Environmental Protection Agency. Supervisors: professor Lars Emmelin, School of Planning, Blekinge Institute of Technology Karsten Åström, professor in sociology of law, Lund University
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- Minssen, Timo
(författare)
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Patenting human DNA sequences in Europe and the US - A comparative analysis of patentability requirements for nucleic acid sequences with special emphasis on novelty and inventive step
- 2005
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- DNA is presently at the centre of a storm. On the one hand, the breathtaking development of DNA related sciences during the last decades led to a technological and medical revolution. Due to the far reaching possibilities connected to this technology, it is the focus of many people’s interest and one source of the hope that one day we will find cures for terrible illnesses. Unsurprisingly, DNA related biotechnological science has at the same time become a very important economic factor in global business. On the other hand, the public has been made much more concerned about the level of knowledge about the human blueprint and how it is applied and commercialized. These debates are highly emotional. This is particularly so with regard to the question of whether it should be possible to patent human DNA. In the often heated debate on the subject there are, by and large, two schools of thoughts. The first is convinced that DNA is simply a chemical compound, albeit a complex one, and takes the view that it must be possible to grant patents on DNA, as on any other chemical compound. The approach taken by the US and European patent authorities basically follows this line of thinking and consequently the grant of (human) DNA related patents has become routine. The second school of thought sees DNA as much more than a pure chemical structure. They argue that DNA is the embodiment and incarnation of the code of life and is part of the common heritage of mankind. They believe that any form of appropriation or patents on DNA is absolutely wrong. Both points of view are bogged down in their own logic and it seems to be extremely difficult to find a compromise. Moreover there is a continuing debate among those who support patents on DNA sequences over the threshold-requirements for receiving such a patent, the appropriate extent of its entitlements and its preclusive effects. Especially the specific issue of patents on partial sequences (ESTs and SNPs) and DNA sequences whose functions and applications have not fully been specified is heavily discussed, since they may have a chilling effect on beneficial research.The purpose of my PhD is to scrutinize this latter debate. I want to investigate different possibilities for patenting (and perhaps even licensing) human DNA technology in the US and Europe. The main goal of my research is to balance the arguments of the parties involved in the debate over specific human DNA related patents, in order to outline a reasonable legal approach that would lead to an acceptable compromise on how to combine economic interests with the necessary freedom of research and an effective product development in the field of healthcare. Naturally this will involve a thorough examination of the scope of protection that is given to various human DNA related inventions by the respective the patent offices. This licentiate thesis represents the first sections of my doctoral project and deals with basic patentability requirements that have a more indirect effect on the scope of genetic patents, namely patentable subject matter novelty and inventive step.
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- Nguyen, Tu
(författare)
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Competition law in technology transfer under the Trips agreement
- 2007
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The TRIPS Agreement allows WTO members to appropriately enact and apply national competition law to address IPR-related anti-competitive practices. However, application of national competition law to anti-competitive restraints in technology transfer agreements and to abuses of refusal to transfer technology varies from developed countries to developing countries and even between developed countries. Developing countries currently under-enforce their competition legislations in this area while they are net importers of technology. Although they have to comply with high standards of IPR protection, they seem not to use competition law-related flexibilities under the TRIPS Agreement to promote dissemination and transfer of IPR-intensive technology from developed countries. Therefore, to protect benefits of developing countries in globalization of IPR protection, competition rules under the TRIPS Agreement should be reasonably detailed and enforced in developing countries. However, in any event, national competition law is antitrust, neither anti-IPR nor anti-trade. The research, accordingly, has two purposes. The first is investigating competition law in international technology transfer under the TRIPS Agreement with experiences from developed and developing countries. The second is drawing implications concerning these legal issues for developing countries, in which Viet Nam is a focus.
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- Pavlovskaia, Evgenia
(författare)
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The Use of Sustainability Criteria : In the Case of the EU Legislation on Biofuels in the Transport Sector
- 2016
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the licentiate thesis, it is researched and analyzed how sustainability criteria may be used in a legal framework, with the purpose to promote and safeguard sustainable products and their production. The research and analysis are conducted on the basis of the EU approach to use sustainability criteria for biofuels in the transport sector, legally expressed in Directive 2009/28/EC, and its amendments in Directive 2015/1513. The licentiate thesis is presented in the form of a compilation. It includes five independently written and published in international journals papers, which deal with different aspects of the researched problem, and the “main body” of an analytical and summarizing character. The “main body” of the licentiate thesis provides answers to the purpose of the research and its supplementary objectives, which are formulated in the introduction.The results of the research indicate that sustainability criteria, if not designed, implemented and enforced in a satisfactory manner, may miss their aim, and even lead to negative effects. For example, they may fail to guarantee the sustainable quality of the product they address. They may result in substantial economic and administrative losses. They may cause conflicts with other laws, agreements, and the regulations of the World Trade Organisation (WTO). They may lead to unforeseen side-effects that are difficult to steer. Mechanisms promoted to control the fulfillment of sustainability criteria may fail in their function, and result in unwanted complications and insecurity. Regulations aimed to support the implementation of sustainability criteria may be difficult to follow for an average producer. However, the positive potential of using sustainability criteria in legal frameworks is high. The performance of this legal tool depends much on individual conditions in each particular case. Some general patterns for the use of sustainability criteria in legal frameworks may be worked out. Thus, the aim of using sustainability criteria should be explicitly formulated. It is advisable that this aim is connected to how the concepts sustainable development, sustainability and environmental protection are interpreted in the industry sustainability criteria are made for. The scope of issues that sustainability criteria regulate, in compliance with the formulated aim, should be clearly outlined. A quantitative environmental goal that reflects in what amounts the sustainable product should be manufactured, without damaging the environment, may be established.Sustainability criteria should not be seen as the only possibility for dealing with environmental challenges. There is a variety of other legal means and governance approaches that may be used with similar purposes, such as eco-labels and eco-design of products. Sustainability criteria should rather be treated as an alternative solution, which may be used in combination with them or alone. The outcomes of the research may be shared by industries and countries that wish to use sustainability criteria. The ideas developed in the licentiate thesis may be interesting not only for legal scholars and practitioners of law, but also for representatives of natural and sustainability sciences. It is valuable to continue and deepen the research on sustainability criteria, for example by adding elements of a comparative analysis.
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