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- Strömberg, Caroline
(författare)
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Etik och normkonflikter inom miljörättslig lagstiftning
- 2016
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- En normkonflikt försätter rättssubjektet i en svår sits. Vissa normkonflikter medför till och med att ett rättssubjekt inte på något sätt kan agera helt och hållet lagenligt, så länge konflikten inte är löst. Detta innebär bland annat brister i rättssäkerhet samt att rättsreglerna inte lyckas guida rättssubjektets beteende, vilket brukar anses vara en av lagens viktigaste egenskaper. I uppsatsen har diskuterats frågor om uppkomst av, problem med samt hantering av normkonflikter inom miljörätten. Två fallstudier har använts för att diskutera olika typer av normkonflikter som förekommer i miljörättslig lagstiftning. Det har i uppsatsen konstaterats att det ena fallet är ett exempel på att lagen både förbjuder och tillåter samma beteende, och att det andra fallet är ett exempel på att lagen både förbjuder och föreskriver samma beteende. Vidare har det i uppsatsen föreslagits att motstridiga etiska antaganden som kan tänkas ligga bakom bestämmelserna kan utgöra delförklaringar till att normkonflikterna uppstår, och att det kan vara rimligt att använda etiska teorier vid tolkning av lagen i fall där det förekommer oklara till synes etiska uttryck i lagen.
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| 2. |
- Zetterqvist, Jenny, 1962-
(författare)
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Visibility at risk for women as rights-holders : a study with regard to a refugee camp context
- 2019
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- By taking the recognition of persons as rights-holders in the framework of international human rights into account, this study directs its attention to women in protracted refugee situations, restricted to stay in camps also when their human rights are at risk due to various forms of violence. The question in focus is the following: To what extent may there be a risk that women in a refugee camp context, distinguished by a protracted refugee situation, do not become visible as rights-holders and entrusted to act with regard to international human rights and the problem of violence against women, especially domestic violence?The research process has taken the form of a continuous dialogue with the material for the study, a dialogue directing attention to material from an established international human rights system on one hand and material dealing with a local refugee camp context on the other. The study finds its entry-point primarily in the context of the international human rights treaty the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), including the work of the CEDAW Committee as a treaty body, and also the international mandate of the Special Rapporteur on Violence against Women, its causes and consequences. Due to the presence of a variety of justice mechanisms in the camps, certain aspects of a local customary law tradition are also addressed. The existence of an unlocked legal door for women to take actions in family law matters, or in cases of gender-based violence is something not to take for granted. The hindrances could lie deep in the legal system practiced. It could be an issue of not being entrusted by the structure of the system to act in person, as woman, with a legal capacity and by own right before the law.The study underlines the importance of sharpened awareness and analysis of the presence of a complex legal context and a variety of customary law traditions in the camps. It appears from the study that for women in a refugee camp to be able to act as rights-holders and claim human rights as laid down in human rights conventions, the issue of visibility is not only a matter of training in presenting facts on the ground in front of local authorities. To be visible in addressing the problem of gender-based violence and gaps in protection of human rights in a refugee camp context is first and foremost an issue for women to be recognized the right to act in legal matters. It is an issue of having the freedom of expression and to be recognized the social and legal status to act in their own capacity in front of the local legal structures, including the local customary law context, and to address international human rights monitoring mechanisms, such as the CEDAW Committee or the Special Rapporteur.
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| 3. |
- Hästbacka, Rasmus, 1978-
(författare)
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Europeiska företagsråd i svenska koncerner : en rättsvetenskaplig studie av EWC-regleringens betydelse för arbetstagarinflytande och styrning av multinationella koncerner
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The subject matter of this licentiate thesis concerns the two EU directives on European Works Councils. The analysis is confined to the Swedish implementation of these directives into Swedish law. The thesis defines the term "EWC regulation" to encompass both the Swedish levels of EWC legislation and the regulation of EWCs by EWC agreements themselves.The overall objective is to gain an increased understanding of the function of EWC regulation. This requires a normative analysis of both EU and national law as well as an empirical study of the application. The thesis includes a number of agreements on EWCs based on the Swedish legislation and their application in corporations based in Sweden. Three multinational corporations in the health care sector, financial sector and metal industry have been selected.The focus lies on the regulation's practical significance for worker influence and corporate governance. A distinction is made between rules on worker participation (in law) and worker influence (in practice). As a point of departure the author combines the theory of reflexive law with concepts borrowed from the fields of management studies and economic history. The methods used consist of doctrinal legal interpretation and semi-structured interviews.The key findings run as follows. The EWC regulation generates worker influence by enhancing the knowledge and unity of worker representatives. The regulation facilitate corporate governance by strengthening the legitimacy of management, improving the decision basis and channels of communication. The worker influence is, under proper circumstances, strong in issues such as reorganizations, reassignments, health and safety. The influence is weaker in situations of relocation, outsourcing across national borders and other forms of regime shopping.
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| 4. |
- Kronblad, Charlotta, 1979
(författare)
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The Last Hour: How Digitalization has Transformed Firms in the Legal Industry
- 2019
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This licentiate thesis explores how digitalization has transformed firms in the legal industry. Based on a qualitative study of 22 law firms I explore what digitalization has entailed for firms and its wider effects. The aim is to understand the digital transformation of the industry as well as the effects for individual law firms. The analysis targets changes to the distinctive characteristics of law firms as well as the implications for their practices. The key finding is that digitalization has caused massive changes to their previous characteristics of high knowledge intensity, low capital intensity and a professionalized workforce, which in turn has altered the competitive context and triggered a variety of business responses. For instance, many new firms are challenging the logic of hourly billing and are creating alternatives to this practice. This suggests that we are approaching the last hour for the hourly dominance among law firms. However, the data show a split between firms, where it is mainly new players that employ new practices while incumbents remain largely the same. By applying a lens of institutional theory, I uncover why and argue that the dominant logic of law firms makes it difficult for incumbents to adapt to digitalization, whereas new firms use the institutional complexity introduced by digitalization to exploit new opportunities by adapting or creating new practices. These changes have resulted in a heterogeneity among law firms making one single categorization of them impossible. Therefore, this thesis propose that we update our existing assumptions about law firms in particular, and professional service firms in general, in order to explain and forecast their behavior moving forward.
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| 5. |
- Massaro, Maria, 1989
(författare)
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Radio Spectrum Regulation in the European Union A three-level context
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the light of the unprecedented growth of mobile broadband services, radio spectrum regulation is undergoing a substantial review in the European Union (EU). The radio spectrum presents a three-level regulatory context. At international level, the International Telecommunications Union (ITU) regulates the allocation of radio spectrum. At regional level, the European Conference of Postal and Telecommunications Administrations (CEPT) promotes cooperation and coordination between European countries. At national level, National Regulatory Authorities (NRAs) are responsible for assigning the radio spectrum. In addition, the EU has also the power to regulate the radio spectrum. The EU regulatory framework for radio spectrum has only recently been set up. Therefore, an exhaustive understanding of the role of the EU in the three-level regulatory context of radio spectrum is still lacking.Against this background, the purpose of this thesis is to shed light on the implications of the EU regulatory framework for radio spectrum. In other words, this thesis aims to address the following research question: how does the EU influence the three-level regulatory context of radio spectrum? In order to answer this research question, three academic papers are written, each focusing on the role of the EU in one regulatory level. Paper 1 focuses on the international level. Theories of international relations are employed to assess the effectiveness of the EU in influencing international negotiations on radio spectrum regulation. Paper 2 explores the regional level. Theories of EU integration provide the tools to understand the issue of competence distribution between EU and EU member states in the policy field of radio spectrum. Paper 3 deals with the national level. Theories on the regulation-innovation relation guide the assessment of a specific national regulatory regime, which has been particularly promoted by the EU. Although radio spectrum assignment is a national responsibility, the EU may indirectly impact on the national context by providing EU member states with ideas on innovative regulatory tools.A qualitative research strategy is adopted to conduct the research work described in this thesis. In particular, this research work is characterised by an iterative inductive-deductive process between theory and empirical data, whereby purpose, theoretical framework and data collected progressively and mutually shape one another. This thesis is mainly based on secondary data, retrieved from official documents, reports, news articles, academic papers and books. Backward and forward snowballing techniques are used to systematically find relevant secondary sources of data.This thesis concludes that the EU regulatory framework influences the three regulatory levels of radio spectrum to different extents. Firstly, the EU influences the international level thanks to the presence of the European Commission (EC) in international fora. The EC has the right to attend international negotiations on radio spectrum regulation and can oversee the actions of EU member states. Secondly, the EU impacts on the regional level by promoting harmonised availability of radio spectrum across the EU. To this objective, the EU adopts policy instruments which are legally binding for all EU member states. Furthermore, the EC cooperates with the CEPT in order to build consensus across the EU. Thirdly, the EU’s influence on the national regulatory level is confined to general regulatory principles for radio spectrum assignment. Nevertheless, the EU can still leverage on national regulation, by encouraging EU member states to adopt specific regulatory instruments.Although interesting implications of the EU regulatory framework for radio spectrum are ascertained in this thesis, the influence of the EU on the three-level regulatory context of radio spectrum has not been captured thoroughly. Future research in the form of a more systematic evaluation of the EU’s actorness (Bretherton & Vogler, 2006) is necessary to capture the relevance of the EU’s influence on both the international and regional regulatory levels. In addition, a detailed analysis of the issue of competence distribution between EU and EU member states is critical for better evaluating the extent to which the EU influences radio spectrum regulation at national level.
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| 7. |
- 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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| 8. |
- Stefan, Ioana
(författare)
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Exploring Tensions between Appropriability and Openness to Collaboration in Innovation
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Researchers, policy makers and practitioners alike have in recent years acknowledged a growing tendency towards opening up the innovation process by combining internal organizational assets with external actors’ resources. However, opening up the innovation process usually also entails revealing ideas, which may result in misappropriation. The purpose of this thesis is to investigate tensions related to the openness-appropriability relationship; this is done in three studies. The first study concerns a specific contextual factor that is likely to stress the openness-appropriability tensions: the location of external partners in innovation. The second study relates to the way managing openness-appropriability tensions affects performance, and the third study involves a theoretical discussion about the nature of the tensions occurring in the openness-appropriability relationship, i.e. paradoxical, dilemmatic, or dialectical. The first two studies apply quantitative methods, using survey data, while the third is a conceptual paper. The findings from the first study indicate that the use of different groups of appropriability mechanisms varies across various types of openness and that the location of external partners in innovation refines these linkages even more. The second study’s main takeaway is that the higher appropriability intensity, i.e. the extent to which appropriability mechanisms are put into practice, explains higher performance outcomes. The third study suggests that the tensions between openness and appropriability are more likely of paradoxical nature. From a theoretical perspective, findings indicate that paradoxical tensions between openness and appropriability may have a spatial dimension, and that these tensions should also be investigated in regards to performance. Managerial implications point out that opening up to innovation partners located abroad is likely to require more costly appropriability mechanisms.
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