| 1. |
- Waltman, Max
(författare)
-
Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
-
Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
-
Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
|
|
| 2. |
- Dingu-Kyrklund, Elena
(författare)
-
Nationality and the child: children’s right to citizenship - the Swedish case
- 2004
-
Ingår i: The 3rd European Conference on Nationality “Nationality and the Child” 11-12 October 2004.
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The right to citizenship is an important right that every child should enjoy. In a general discussion on nationality, acquisition and loss of citizenship, the rights of the child against the background of extensive international migration, the article argues about the multiple aspects embedded in the citizenship concept and its practical content, presenting the legal status quo in the matter in the Swedish context.
|
|
| 3. |
- Dahlin, Moa Kindstrom, et al.
(författare)
-
Mentally disordered criminal offenders : Legal and criminological perspectives
- 2009
-
Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 32:6, s. 377-382
-
Tidskriftsartikel (refereegranskat)abstract
- Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.
|
|
| 4. |
- Karlsson-Tuula, Marie, 1961-
(författare)
-
Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
|
|
| 5. |
|
|
| 6. |
- Langlet, David, 1977-
(författare)
-
Safe Return to the Underground? The Role of International Law in Subsurface Storage of Carbon Dioxide
- 2009
-
Ingår i: Review of European Community & International Environmental Law. - : Wiley. - 0962-8797 .- 1467-9388. ; 18:3, s. 286-303
-
Tidskriftsartikel (refereegranskat)abstract
- Carbon capture and storage (CCS) has been described as an indispensable element in fighting dangerous climate change. At the same time, the technology is associated with significant uncertainties and risks. Focusing on the geological storage of captured CO2, this article takes stock of ongoing processes for accommodating CCS in international law. It finds that the current approach to CCS is patchy and, partly, short on substance. It then attempts to establish to what extent a harmonized international approach to regulating CCS is called for and how it may be achieved.
|
|
| 7. |
- Langlet, David, 1977-
(författare)
-
Transboundary Transit Pipelines : Reflections on the Balancing of Rights and Interests in Light of the Nord Stream Project
- 2014
-
Ingår i: International and Comparative Law Quarterly. - 0020-5893 .- 1471-6895. ; 63:4, s. 977-995
-
Tidskriftsartikel (refereegranskat)abstract
- The Nord Stream project, which comprises two natural gas pipelines in the Baltic Sea, eminently illustrates several of the ambiguities that pertain to the ability of coastal States to regulate the laying and operation of transit pipelines in their exclusive economic zone and, conversely, the extent of the right of other States to carry out such activities. A highly significant issue is how seabed surveys undertaken in preparation for the laying of pipelines should be characterized, and thus regulated, under the United Nations Convention on the Law of the Sea. What is to be considered a ‘reasonable measure’ by a coastal State is another crucial issue which, together with the extent of the requirement for consent by the coastal State for any specific pipeline route, are decisive for defining the balance between potentially competing interests relating to submarine transit pipelines.
|
|
| 8. |
- Papadopoulou, Frantzeska, 1977-
(författare)
-
Supplementary Protection Certificates : still a grey area?
- 2016
-
Ingår i: Journal of Intellectual Property Law & Practice. - : Oxford University Press. - 1747-1532 .- 1747-1540. ; 11:5, s. 372-381
-
Tidskriftsartikel (refereegranskat)abstract
- Supplementary Protection Certificates (SPCs) were introduced in 1992, and have since been considered a very valuable tool for the pharmaceutical industry, allowing for market prolongation and compensating for the effective patent protection time lost in the process of market authorization.Over the past five years, numerous Court of Justice of the European Union (CJEU) rulings have attempted to interpret the provisions of EU Regulation 1901/2009 and provide clarity to patent holders as well as generics manufacturers as to the protection requirements and the scope of protection awarded. This article analyses the implication of major CJEU cases concerning the interpretation of Articles 3(a), 3(d) and 1(b) of the Regulation.The article also discusses the interrelation between the EU SPC Regulation, on the one hand, and the Market Authorization Regulation and the Market Authorization Directive, on the other, and compares the EU system with that provided by the USA. An analysis of recent case law reveals that now, some 25 years after the entry into force of the Regulation, the system is still obscure. A serious concern also arises as to whether the system as it stands today is simply inappropriate to the protection of modern pharmaceuticals and whether this is also one of the reasons for the growing volume of case law in the field.
|
|
| 9. |
- Waltman, Max
(författare)
-
Rethinking democracy : legal challenges to pornography and sex inequality in Canada and the United States
- 2010
-
Ingår i: Political research quarterly. - Salt Lake City : SAGE Publications. - 1065-9129 .- 1938-274X. ; 63:1, s. 218-237
-
Tidskriftsartikel (refereegranskat)abstract
- Why are democracies unresponsive to well-documented injuries in the production and by the consumption of pornography? Legal challenges to pornography in Canada and the United States in which sexual subordination, not moral notions of "obscenity," were the driving rationale, show democracies inadequately recognizing gender-specific harms. Changes in Canadian obscenity doctrines to account for harm and inequality, in contrast with the U.S. reign of "free speech," did not deliver a corresponding change on the ground. Developments in democratic theory, international law, and the particular U.S.–Canadian legal trajectory, and consideration of the void of institutions articulating the interests of those victimized in and by pornography, suggest the need to adopt empowering civil remedies.
|
|
| 10. |
-
Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model
- 2017. - 1
-
Samlingsverk (redaktörskap) (refereegranskat)abstract
- This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised in four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
|
|
