| 1. |
- Waltman, Max
(author)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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In: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Journal article (peer-reviewed)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. |
- Gunnarsson, Åsa, 1958-, et al.
(author)
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Sweden: From proactive policies to anti-discrimination law
- 2023
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In: Nordic Equality and Anti-Discrimination Laws in the Throes of Change Legal developments in Sweden, Finland, Norway, and Iceland. - London : Routledge. - 9781032001258 - 9781003172840
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Book chapter (peer-reviewed)abstract
- A shift from politics to law, inefficient enforcement tools, and dislodgment from action to information as well as criticism of gender equality from various angles have all had an impact on the law’s ability to contribute to the achievement of gender equality in Sweden. It is not primarily through anti-discrimination legislation and litigation that gender equality has been achieved in Sweden, and such an approach will probably not be the main strategy in the future. Still, we have to continue to improve the protection provided to victims of individual discrimination and harassment. The Swedish case shows how the individual’s right to access to justice can be undermined in a context where state bodies – such as the Ombudsman – are given wide discretionary powers to promote equality as a collective public interest.
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| 4. |
- Hellum, Anne, et al.
(author)
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Introduction: Nordic equality and anti-discrimination laws in the throes of change
- 2023
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In: Nordic Equality and Anti-Discrimination Laws in the Throes of Change Legal developments in Sweden, Finland, Norway, and Iceland. - London : Routledge. - 9781032001258 - 9781003172840
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Book chapter (peer-reviewed)abstract
- This book provides insights into the drive to achieve substantive gender equality in four Nordic countries: Finland, Iceland, Norway and Sweden. It draws a diverse and complex picture of the long, uneven, and unfinished process towards that goal. These countries’ systematic use of a combination of political and legal instruments has been described as the Nordic gender equality model. The overall aim of such an approach is to achieve substantive equality through a variety of measures that go beyond formal equality. Laws and policies on gender equality vary with the political, social and legal context in each of the Nordic countries, but the Nordic gender equality model may be understood as consisting of three key components. The first is an overarching gender equality policy. The second is welfare legislation that has an explicit or implicit impact on gender relations. The third component is what we refer to as ‘gender equality and anti-discrimination law regimes’: laws that prohibit gender discrimination and promote gender equality through proactive measures, in combination with low-threshold enforcement systems.
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| 5. |
- Munthe, Christian, 1962, et al.
(author)
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The Best Interest of Children and the Basis of Family Policy: The Issue of Reproductive Caring Units
- 2012
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In: Cutas, D & Chan, S (eds.). Families: Beyond the Nuclear Ideal. - London and New York : Bloomsbury Academic. - 9781780930107
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Book chapter (peer-reviewed)abstract
- The notion of the best interest of children figures prominently in family and reproductive policy discussions and there is a considerable body of empirical research attempting to connect the interests of children to how families and society interact. Most of this research regards the effects of societal responses to perceived problems in families, thus underlying policy on interventions such as adoption, foster care and temporary assumption of custodianship, but also support structures that help families cope with various challenges. However, reference to the best interest of children can also be applied to a more basic issue in family policy, namely that of what is to be considered a family in the first place. This issue does not raise any questions regarding the proper conditions for when society should intervene in or change the family context of a child. Rather, it is about what social configurations should be recognized as a potentially fitting context for children to enter into and (if all goes well) eventually develop into adulthood within /.../ such that society’s default institutional arrangements allow it to have (by sexual and artificial reproduction, adoption, and combinations of these), care for and/or guard children. [This] will frame any further discussion of /.../ policies having further implications for, for example, the practices of adoption and reproductive technology, as well as regulation of custody in the event of separation or parental disagreement.
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| 6. |
- Arguello, Gabriela, 1983, et al.
(author)
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Regulation of ships at anchor: Safety and environmental implications
- 2022
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In: Marine Policy. - : Elsevier BV. - 0308-597X .- 1872-9460. ; 140
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Journal article (peer-reviewed)abstract
- Ships waiting at anchor are associated with considerable environmental pressures and impacts. Growing and congested anchoring areas are receiving increasing scholarly attention to understand the environmental effects caused by large sea-going ships anchoring in coastal waters. While there is a lack of studies addressing the entire spectrum of environmental pressures and impacts from ships at anchor, ranging from scouring of the seafloor, operational emissions and discharges and waste from maintenance carried out while at anchor, it is well established that anchoring is associated with such pressures. This article takes a problem-oriented approach since there are potential cumulative environmental impacts of ships waiting at anchor. From both a public and private law perspective, we examine the legal structures and challenges associated with the regulation of ships waiting at anchor. We also analyze the public and private law factors that may limit the ability to prevent harmful anchoring practices. Our examination shows that while coastal states have significant jurisdictional powers to regulate anchoring in coastal waters, the current international regulatory framework addresses anchoring incidentally and lacks mechanisms for considering the cumulative impacts of anchoring. Furthermore, the incentives for ships to spend a considerable amount of time at anchor appear to differ substantially across different types of charterparties. Improved regulation requires better scientific knowledge, substantial mapping of legal structures, and a stakeholder survey providing a basis for the exploration of potential contractual practices that may reduce market incentives for anchoring.
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| 7. |
- Argüello Moncayo, Gabriela, 1983
(author)
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International law on ship recycling and its interface with EU law
- 2016
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In: Marine Pollution Bulletin. - : Elsevier BV. - 0025-326X. ; 109:1, s. 301-309
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Journal article (peer-reviewed)abstract
- The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.
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| 8. |
- Björling, Erik
(author)
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Digital tvistlösning
- 2021
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In: Noll, G (red.). AI, digitalisering och rätten. - Lund : Studentlitteratur. - 9789144137858 ; , s. 45-63
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Book chapter (other academic/artistic)
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