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- Nilsson, Eva, 1963-
(författare)
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Barn i rättens gränsland. : Om barnperspektiv vid prövning om uppehållstillstånd.
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this study is to highlight problems regarding the status of children in determining the granting of residence permits. Central to the study are the rules contained in the Swedish Aliens Act (2005:716) about hearing children in the course of proceedings and the child’s best interests. The rules are based on Articles 3 and 12 respectively, in the United Nations Convention on the Rights of the Child (CRC). They were introduced into the Swedish legislation in 1997, after an intense debate questioning whether Sweden was meeting its obligations under the Convention. The application in aliens matters has, however, continued to be criticized after the revision of 1997, especially in matters concerning children. In 2006 a new Aliens Act came into force, involving a shift in the handling of such matters from administrative authorities and the Government to a system where appeals are tried in administrative courts. The legislation also involves comprehensive changes concerning the material legislation. The question has been raised, however, as to whether these changes have had any vital impact concerning the general construction of the material regulation. The apparent gap between the legislator’s intentions and the application of the law raises questions about the limitations of law and how the spirit and intentions of the CRC have been implemented in the Aliens Act, and, in view of this, the limits of law. The study involves an analysis of the fundamental premises that the legislation and application rest on, the general provisions of the proceedings and the technical formulation and also the material content of these rules. There is also an analysis of the impact and function of the legislation in practical applications. The conclusion is that the legislation allows extensive scope for assessing the circumstances in each case. This is the case, particularly in matters concerning children. Nevertheless, in practical applications, children often become irrelevant; children are simply not the real focus of the laws that affect them. Key words: Children’s rights, residence permit, asylum, immigration, equality, feminist perspectives. Eva Nilsson, Juridiska institutionen, Umeå universitet, 901 87 Umeå.
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| 2. |
- Rinwigati Waagstein, Patricia, 1973-
(författare)
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Corporate Human Rights Responsibility : A Continuous Quest for an Effective Regulatory Framework
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This study is build by a premise that there is a need to include regulatory approach in the discourse of business and human rights particularly of economic, social, and cultural rights which often neglected. The study is not expecting to produce exhausted set of rules which can directly or effectively applicable to all global corporation nor a set of global treaty which can cover the whole aspects of corporation and human rights. It is not either to accept or reject idea of regulation or deregulation. Effective regulation analysis is not about choosing between these two but rather to put emphasis on the interplay between different regulations and actors as a continuous process which can design better theoretical solutions. Therefore, the intention is to set the development of corporate human rights responsibility concept into the classical legal theories in international law and to find out what is essential to develop an effective and efficacious international framework for corporate human rights responsibility. From that centre issue arises two sub-questions namely who should regulate Multinational Enterprises/global corporation and how to regulate Multinational Corporation in relation to their human rights responsibility particularly in the field of economic, social, and cultural rights. Answering such problems, three main focuses will be explored. The first division concerns restructuring process of regulatory framework. The aim is to set up the theoretical foundation for the issue of human rights in Multinational Corporation’s operations. The second part deals with three levels of regulations: national, international, and self-regulation. Each level provides distinct nature, emphasis and problems. And the third part is the concluding observation in which how the interaction between levels will be discussed and some possible solutions are offered. In sum, it is argued in this dissertation that effective regulatory framework should be associated to the broader perspective control covering any forms of social control or influences regardless its sources. In other words, the effective regulation is the pluralism of control. The choice of controls itself becomes a continuous process of interaction between actors.
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