| 1. |
- Álvarez Zárate, José Manuel, et al.
(författare)
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Duration of Investor-State Dispute Settlement Proceedings
- 2020
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Ingår i: Journal of World Investment & Trade. - : Brill. - 1660-7112 .- 2211-9000. ; 21:2-3, s. 300-335
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Tidskriftsartikel (refereegranskat)abstract
- Speed is often touted as an advantage of arbitration. In recent years, however, some have worried that investment arbitration risks losing this advantage. Concerns about the length of investor-State dispute settlement (ISDS) proceedings have also been raised in the discussion about IS DS reform. This article analyses the duration of IS DS proceedings applying a data-centric approach and evaluates the impact of proposed ISDS reforms on the duration of proceedings. After some terminological clarifications on when proceedings are 'excessively' long, the article sets out the evidence on the length of proceedings using several data-sets. As a comparator, we present data on the length of World Trade Organization (WTO) proceedings, even though we urge caution as to the usefulness of such a comparator. The article then discusses the impact of various reform proposals on the duration of proceedings, namely improving ISDS, adding an appellate mechanism, establishing a multilateral investment court and abolishing ISDS.
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| 2. |
- Karlsson Schaffer, Johan, 1976, et al.
(författare)
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An Unlikely Rights Revolution: Legal Mobilization in Scandinavia Since the 1970s
- 2024
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Ingår i: NORDIC JOURNAL OF HUMAN RIGHTS. - 1891-8131 .- 1891-814X. ; 42:1
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Tidskriftsartikel (refereegranskat)abstract
- Why have civil society groups in Scandinavia increasingly turned to legal mobilization in recent decades? In Denmark, Norway, and Sweden, a legal-political culture based on parliamentary supremacy, deferential judiciaries, strong-state corporatism, and jurisprudential scepticism towards rights talk supposedly discourages groups in civil society from seeking societal change through litigation. Yet, in all three countries, diverse groups and organizations in civil society have increasingly adopted litigation strategies for a broad range of causes. In this paper, we seek to account for how and why this shift has occurred. Drawing on socio-legal mobilization theory, we compare Denmark, Norway, and Sweden across three episodes from the 1970s to today. Litigation has gradually moved from the political margins to the mainstream. Our findings suggest that while European law, domestic institutional reforms, and a proliferating human rights discourse have opened new ways for resourceful groups and entrepreneurial individuals to challenge the status quo, parliamentary and corporatist channels remain often viable and preferred alternatives for mainstream organizations. The paper thus contributes to the emerging literature on how civil society groups in Scandinavia employ litigation strategies by offering a comparative and historical assessment and contributes to knowledge about the factors that shape legal mobilization by civil society groups.
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| 3. |
- Karlsson Schaffer, Johan, 1976, et al.
(författare)
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Da fortet åpnet portene
- 2017
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Ingår i: Klassekampen.
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Tidskriftsartikel (populärvet., debatt m.m.)
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| 4. |
- Langford, Malcolm, 1972, et al.
(författare)
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The view from elsewhere: Scandinavian penal practices and international critique
- 2017
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Ingår i: Scharff Smith P. & Ugelvik T. (Eds.) Scandinavian Penal History, Culture and Prison Practice - Embraced by the welfare state?. - London : Palgrave Macmillan. - 9781137585288 ; , s. 451-479
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- International organs review rights performance regularly and while one may dispute their objectivity, their access to relevant information has risen significantly in recent years. Through this material, we have engaged in a longitudinal, comparative analysis of penal exceptionalism in Scandinavia. We contrast in particular the findings of the Committee against Torture (CAT) for Norway, Sweden and Denmark against four Western European states (Belgium, United Kingdom, Germany and Italy). In other words, we compare the Scandinavian states with countries with similar economic development and determine to what extent there are differences in detention conditions.
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