| 1. |
- Waltman, Max
(författare)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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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.
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| 2. |
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| 3. |
- Inghammar, Andreas
(författare)
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Funktionshindrad - med rätt till arbete? En komparativ studie av arbetsrättsliga regleringar kring arbete och funktionshinder i Sverige, England och Tyskland.
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis examines labour market legislation on disability and work in Sweden, England and Germany. In order to provide increased access to the labour market for people with disabilities all three studies countries have undertaken more of less far-reaching legislative measures over a number of decades, both in line with, or as a result of, general labour and employment legislation, but also as more specific parts of the labour market regulation. Obviously legislators in all three countries, and more recently in the European Union, have realised that access to the labour market is a vital and important part of societal inclusion and participation. The study provides a legal dogmatic and comparative analysis of the field of law and raises questions about how rights are provided to individuals under these laws in the different national settings and in what way the legislation represents or reproduces different normative patterns. Three different legal areas appear all over the dissertation, these are positive measures, employment protection and discrimination law. Legislation on positive measures, such as quota-legislation and regulations on supported or sheltered employment, vary widely between the countries, as do employment protection legislation, while the disability discrimination legislation in the different countries is turning into a more EC-conform shape in line with recent EC-legislation on discrimination.
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| 4. |
- Leidö, Jan, 1983-
(författare)
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Realizing the Single Software Market : Cross-National Validity of Software License Agreements
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The Internet has revolutionized the software industry, one of the world’s largest businesses. A single software market is emerging, independent of national borders, where products and services are digitally distributed. But the legal framework for software transfers is not geographically independent; relevant underlying law varies substantially between different legal systems.In this doctoral thesis, cross-national validity of certain standard software license agreements is examined as a solution to overcome national differences and improve the emerging single software market. Cross-national validity is mapped, explained, and improved under American and German law. The United States and the European Union collectively dominate the single software market. Within the EU, Germany is the most relevant legal system, and many conclusions reached under German law can be extended to the entire EU.The study identifies many current issues, caused by inter alia inherent limits of law, fundamental differences between German and American law, and problematic transferor choices. Current issues exist regarding formation, substantive content, and interpretation of software license agreements on a cross-national level. This leads to increasing legal and practical problems for the industry and individual transferors.Major and minor improvements in software license agreements and business models are suggested to achieve cross-national validity. Simple advice includes better assent mechanisms, prior disclosure, clear notice, and translating software license agreements. More comprehensive advice includes focusing on provisions that are essential from a business or technical perspective, rethinking certain business and technical choices that might lead to legal problems, making compromises over certain provisions that have only minor legal advantages but clear legal disadvantages, and choosing a way to bridge or avoid national differences regarding central provisions and practices from among available suggestions adapted to different business models.Making such improvements is becoming increasingly important as lawmakers and consumer associations in different countries become ever more active, and as developing countries become increasingly important. Improving cross-national validity will enhance legal certainty and bring us one step closer to realizing the single software market.
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| 5. |
- Wenander, Henrik, et al.
(författare)
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A toolbox for administrative law cooperation beyond the state
- 2013
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Ingår i: Administrative law beyond the state - Nordic perspectives. - 9789004265028 ; , s. 47-74
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Bokkapitel (refereegranskat)abstract
- The purpose of the article is to identify and look into the function of a number of means of legal international cooperation in administrative law. In this discussion on function, the roles and the interplay of the different tools are highlighted as striking a balance between international cooperation, national self-determination and individual rights. Within this theoretical framework, two main types of tools are discussed with examples from environmental law, transport law, and social security law. First, tools related to the establishment of administrative networks are dealt with. Here, international organisations as a framework for administrative cooperation and other network cooperation structures are highlighted. Second, tools relating to an administrative conflict of laws perspective are treated. Here, situations of coordination, recognition of foreign decisions, harmonisation, and application of foreign law in the administrative field are explored. It is concluded that the use of the different tools make possible a balancing of the conflicting interests of international cooperation and national self-determination. Furthermore, in the legal fields treated in the article, it is difficult to see that administrative action entirely leaves the connection to the state. Rather, in the discussed examples, various structures of cooperation mean that national administrative bodies engage in international contacts as an important part of fulfilling their tasks in the national systems.
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| 7. |
- Kõljalg, Urmas, et al.
(författare)
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A price tag on species
- 2022
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Ingår i: Research Ideas and Outcomes_RIO. - : Pensoft Publishers. - 2367-7163. ; 8, s. 1-7
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Tidskriftsartikel (refereegranskat)abstract
- Species have intrinsic value but also partake in a long range of ecosystem services of major economic value to humans. These values have proved hard to quantify precisely, making it all too easy to dismiss them altogether. We outline the concept of the species stock market (SSM), a system to provide a unified basis for valuation of all living species. The SSM amalgamates digitized information from natural history collections, occurrence data, and molecular sequence databases to quantify our knowledge of each species from scientific, societal, and economic points of view. The conceptual trading system will necessarily be very unlike that of the regular stock market, but the looming biodiversity crisis implores us to finally put an open and transparent price tag on symbiosis, deforestation, and pollution
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| 8. |
- Falk Erhag, Hanna, et al.
(författare)
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A Multidisciplinary Approach to Capability in Age and Ageing
- 2022
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- This open access book provides insight on how to interpret capability in ageing – one’s individual ability to perform actions in order to reach goals one has reason to value – from a multidisciplinary approach. With for the first time in history there being more people in the world aged 60 years and over than there are children below the age of 5, the book describes this demographic trends as well as the large global challenges and important societal implications this will have such as a worldwide increase in the number of persons affected with dementia, and in the ratio of retired persons to those still in the labor market. Through contributions from many different research areas, it discussed how capability depends on interactions between the individual (e.g. health, genetics, personality, intellectual capacity), environment (e.g. family, friends, home, work place), and society (e.g. political decisions, ageism, historical period). The final chapter by the editors summarizes the differences and similarities in these contributions. As such this book provides an interesting read for students, teachers and researchers at different levels and from different fields interested in capability and multidisciplinary research.
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| 9. |
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| 10. |
- Perry, Elizabeth, Dr. 1975-
(författare)
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Harmonising family law across borders in europe
- 2022. - 1
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Ingår i: International survey of family law. - Cambridge : Intersentia. - 9781839702648 ; , s. 379-415
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Bokkapitel (refereegranskat)abstract
- This chapter provides family law experts worldwide with a glimpse into and an update on the latest changes in European family law, specifically to conflict of law rules for resolving European Union (EU) cross-border family law cases and most notably those regarding responsibility for children, marital dissolution and distribution of assets after death. Examined are EU-level legal developments affecting cross-border family relationships within the 27 nations of the European Union that have been introduced primarily through significant new EU legislation and by recent case decisions by the Court of Justice of the European Union (CJEU). The changes' impacts at the national-law level on substantive and procedural family law and on national and personal (party) autonomy are illustrated using reports on the experiences across the EU. The experience of my own Member State, Sweden, is described as an example of how EU-level, increasingly harmonised family law ('international private law' primarily) is being negotiated and implemented both between and within EU Member States. This research aims to overview ongoing (and indeed ever-present) tensions between autonomy and uniformity interests within the EU, contributing to the significant existing literature on the present state of and future possibilities for 'European family law' while also introducing non-EU scholars to this growing, rather complex legal area. As the chapter's final sections describe, a steadily-increasing Europeanisation of family law is observed, co-existing with the tensions, which is reducing legal difficulties for individuals and state actors in Sweden and throughout the EU within a broader context of ongoing legal, economic and cultural globalisation. Family law, no longer taking a back seat to other EU legal areas, is today playing a remarkably prominent role.
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