| 1. |
|
|
| 2. |
|
|
| 3. |
- Croon, Adam, 1983-
(författare)
-
Jura Novit Curia : En rättsgenetisk undersökning av den juridiska metodlärans utveckling under 1800-talet
- 2017
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Under Swedish law, the courts must clearly, independently of the parties’ legal arguments, both define and resolve any legal questions raised in the case in accordance with the applicable law. This is the general meaning of the principle, jura novit curia, a principle common to most European jurisdictions. Under Swedish law, a legal decision must be in accordance with the applicable law defined as the law-in-force, geltendes Recht or gällande rätt, the latter a concept found within Swedish legal methodology. The concept of law-in-force therefore is not simply at the core of any litigation. As a definition of the law, it constitutes an objective for both legal practitioners generally as well as mainstream legal science.Despite being perceived of as a well-known and self-evident principle to Swedish lawyers and academicians, the concept of law-in-force is complex, with many theoretical and practical implications. A better understanding of this concept is arguably achieved through an investigation of the historical developments leading up to its introduction in Swedish legal methodology, the concept’s underlying goals and considerations, as well as its immediate effects. This dissertation provides such an investigation, with a main focus on the influence of the German Historical School of Jurisprudence on Swedish legal methodology during the 19th century. Finally, it is argued that the principle of jura novit curia provides a suitable framework for such an investigation.
|
|
| 4. |
|
|
| 5. |
|
|
| 6. |
- Kristoffersson, Eleonor, 1972-, et al.
(författare)
-
Sweden
- 2013
-
Ingår i: Tax Secrecy and Tax Transparency. - Wien : Peter Lang Publishing Group. - 9783631627464 ; , s. 1079-1110
-
Bokkapitel (refereegranskat)
|
|
| 7. |
- Kristoffersson, Eleonor, 1972-, et al.
(författare)
-
Sweden
- 2013
-
Ingår i: Tax Secrecy and Tax Transparency. - Wien : Peter Lang Publishing Group. - 9783631627464 ; , s. 1079-1110
-
Bokkapitel (refereegranskat)
|
|
| 8. |
|
|
| 9. |
- Noga, Aljosa, 1990-
(författare)
-
The Tragedy of the Global Commons in Public International Law
- 2022
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- To what extent does public international law that generally applies in our global commons enable a tragedy of the commons in the global commons? The theory of the tragedy of the commons describes the plights of overuse and degradation that shared resources face when subject to, inter alia, a freedom of use, and the theory is often applied to criticize certain positive emanations of public international law in the global commons. As the theory is routinely used in the context of economic approaches to law and commons, the method employed is a positive economic analysis of international law. This encompasses an interdisciplinary approach where the legal analysis is preceded by frameworks that elaborate on the various component parts of the theory of the tragedy of the commons. With that in mind, the dissertation produces the following main arguments that answer the main question. First, the global commons are the resource domains we often refer to as areas beyond national jurisdiction. These areas include the oceans, the atmosphere and outer space, all of which contain tragic commons resources. Secondly, tragedy mirrors individual rationality, and States are tragic actors that embody such rational self-interest. State sovereignty in international law reflects such tragedy, and other constructs, such as the Lotus presumption, facilitate and extend such tragedy to the global commons. Thirdly, all global commons have tragic open-access freedoms to exploit resources. Such tragic freedoms are evidenced by the freedom of the seas, the freedom of the air, and the freedom of outer space, as well as by surrounding rules that ensure a non-excludable tragic freedom. Fourthly, and lastly, tragedy is perpetuated with faulty general solutions in international law because States fail to avert the hurdles of collective action and their own self-interest. These failed solutions include treaty law that lacks universal adherence and holistic subject matter, and customary international law that more intimately reflects State self-interest. With these facets of international law, public international law enables a tragedy of the commons in the global commons.
|
|
| 10. |
|
|
