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  • 1.
    Anderberg, Andreas
    Örebro University, School of Law, Psychology and Social Work.
    Straffbar oaktsamhet2015Doctoral thesis, monograph (Other academic)
  • 2.
    Andersson, Jeanette
    Örebro University, School of Law, Psychology and Social Work.
    Omsorgsplikt och god sed i avtal om shipmanagement2018Doctoral thesis, monograph (Other academic)
    Abstract [en]

    Under Swedish law a service provider’s performance is pervaded by a duty of care (Swe: omsorgsplikt). The study deals with the meaning and significance of the duty of care in a ship management contract under which a shipmanager undertakes to carry out one or several management services in respect of the vessel as agents for and on behalf of a shipowner. The study is mainly focused on the shipmanager’s duty of care and duty to perform the management services in accordance with sound ship management practice as set out in the standard ship management agreement SHIPMAN 2009.

    The first aim of the study is to analyze and systematize the shipmanager’s duty of care in a ship management agreement. The second aim of the study is to analyze what it means to provide management services in accordance with sound ship management practice. Thirdly, the shipmanager’s duty of care is examined in relation to a service provider’s general duty of care in long term commercial relationships. To achieve these aims, a number of research questions are examined, namely:

    Regarding the meaning and extent of a shipmanager’s duty of care: What is the relevance and meaning of a service provider’s duties to act in accordance with the mandate and in the interest of the client, to follow the client’s directions, to perform the service professionally, to act with care when choosing a counterparty to the prospective contract, to take good care of the client’s property, and to give account for the services?

    Regarding the question of sound ship management practice: How does the shipmanager’s duty of care differ from the duty to perform the management services in accordance with sound ship management? Which duties to act with care and in accordancewith sound ship management practice could be required from the shipmanager as regards specific ship management processes such as the vessel operating budget, the vessel operating report, and the use of safety and quality management systems.

    In addition, the sanctions and legal consequences of a breach of the duty of care are analyzed briefly.

    The study is based on a problem- and interestoriented methodological approach with teleological considerations and weighing of different interests. Also, the study of the meaning and significance of the shipmanager’s duty of care includes certain internal as well as external comparative elements. A number of different theories of the duty of care are examined and analyzed.

    The conclusions of the study are summarised in Chapter 8. One general conclusion is that the shipmanager’s duty of care and duty to perform the management services in accordance with sound ship management practice could be viewed and serve as a management control function towards the interests of the contractual promise, the contractual relationship as well as the interest of sustainability respectively.

  • 3.
    Arnesson, Daniel
    Örebro University, School of Law, Psychology and Social Work.
    Subsidizing Global Solar Power: A contemporary legal study of existing and potential international incentives for solar PV investments in developing countries2013Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    With national cuts on solar PV subsidies and the current “oversupply” of panels, the global solar market is clearly threatened by a contraction. Yet, the need for more solar power is apparent, particularly for the world’s poor and vulnerable population. Instead of securing modern energy access for these people, trade interests have triggered a counterproductive solar trade war. This contemporary legal study addresses these issues by examining existent and potential instruments for stimulating a North-to-South solar capital flow.

    The research finds that recent reforms of the CDM will do little difference from previous deficiencies, as local investment barriers are not reflected in the monetary support of the clean development mechanism. Competing technologies are successfully keeping solar out of the game while baseline requirements are undermining the poor.

    Inspired by national renewable energy law and policy, international alternatives could address these shortcomings. While feed-in tariffs have been commonly advocated, the REC model seems far more appropriate in an international context. Its ability to be traded separately from the electricity makes it a perfect candidate as a substitute for the CDM. Entrusted with certain features it could address the geographical unbalance and provide with greater investor certainty. But the scheme(s) are under current WTO regulations required to be non-discriminatory, making it highly questionable to believe that developed countries would ever fund such incentive. It is not likely that solar capital exporters want Chinese solar PV manufacturers, who are already receiving significant production subsidies, to receive the same benefits as other producers. However, if countries adversely effected by subsidies where allowed to offset the injury by discriminating Chinese producers in international REC schemes, the Author believes that it would be easier to sell such a concept and implement it, for the benefits of climate change mitigation and adaptation as well as the world’s vulnerable and poor nations. However, this would require extensive reforms under WTO which the Author calls for. 

  • 4.
    Dawody, Hevi
    Örebro University, School of Law, Psychology and Social Work.
    Europeiska unionens stadga om de grundläggande rättigheterna: En framtida samverkan mellan två rättighetssystem inom Europa?2012Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
  • 5.
    Demirel, Narin
    Örebro University, School of Law, Psychology and Social Work.
    Straffansvar under rus: Ny tolkningsmetod fastställd i praxis2012Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
  • 6.
    Eriksson, Maria
    Örebro University, School of Law, Psychology and Social Work.
    Defining rape: emerging obligations for states under international law?2010Doctoral thesis, monograph (Other academic)
    Abstract [en]

    The prevalence of rape and its widespread impunity, whether committed during armed conflict or peacetime, has been firmly condemned by the UN and its prohibition has been consistently recognised in international law. This development, however, is a rather novel endeavour. The belated response is in part a consequence of rape being characterised by such myths as sexual violence representing an inevitable by-product of war or as being committed by sexual deviants. Its systematic nature has thus been ignored as has the gravity of the offence, often leading to a culture of impunity. This was evident, for example, through the failure to prosecute crimes of rape during the Nuremberg trials, in qualifying it as a harm against a woman’s honour in the 1949 Geneva Convention (IV), or in considering it a violation located in the “private sphere”, thereby beyond regulation by international law.

    However, substantial efforts have been made in international law to recognise obligations for states to prevent rape. A prohibition of the offence has developed both through treaty law and customary international law, requiring the prevention of rape whether committed by state agents or by a private actor. One measure to prevent such violence has been identified as the duty to enact domestic criminal laws on the matter. The flexibility for states in determining the substance of such criminal laws is increasingly circumscribed, leading to the question of whether a particular definition of rape or certain elements of the crime must be adopted in this process.

    Elaborations on the elements of the crime of rape have been a late concern of international law, the first efforts made by the ad hoc tribunals (the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia), followed by the regional human rights systems as well as the International Criminal Court. The principal purpose of the thesis is consequently the systematisation and analysis of provisions and emerging norms obliging states to adopt a particular definition of rape in domestic penal codes. The prohibition of rape and, subsequently, the process of defining the crime has been made in three areas of international law – international human rights law, international humanitarian law and international criminal law. Emerging norms in all three regimes are consequently examined in this thesis, bringing to the fore overarching questions on the possible harmonisation of defining rape in these distinct branches of international law. The study will thus provide a contextual approach, aiming to evince whether the definition can be harmonised or if prevailing circumstances, such as armed conflict or peace, should necessarily inform its definition. Ultimately, the advances in international law are evaluated in order to identify possible areas for further development.

  • 7.
    Forssén, Björn
    Örebro University, School of Law, Psychology and Social Work.
    Skatt- och betalningsskydighet för moms i enkla bolag och partrederier2013Doctoral thesis, monograph (Other academic)
    Abstract [en]

    This is the second of two books making a combined doctor’s thesis, where part 1, Skattskyldighet för mervärdesskatt – en analys av 4 kap. 1 § mervärdesskattelagen (Tax liability to value added tax – an analysis of chapter 4 § 1 of the Swedish VAT act), is my licentiate’s dissertation of 2011 and part 2 is this book, Skatt- och betalningsskyldighet för moms i enkla bolag och partrederier (Tax and payment liability to VAT in enkla bolag and shipping partnerships). There’s no specific equivalent in English to enkla bolag. The expression derives from the Swiss einfache Gesellschaften. In the Swedish civil law an enkelt bolag is defined as two or more having agreed to carry on activity in a company without establishing a partnership. A Swedish shipping partnership is similar to an enkelt bolag.

    The purpose of this book is to analyze the representative rule of the Swedish VAT act concerning enkla bolag and partrederier (shipping partnerships) with respect of the VAT’s most central purposes, namely a cohesive VAT system, neutrality, EU-conformity, efficiency of collection and the legal rights of the individual including legality. A survey of foreign law is included, where the Finnish VAT law has been of a certain interest for the sake of comparison.

    The issue at hand is a classical one, where enkla bolag and partrederier aren’t legal entities and one of the basic questions is if such an entity may be comprised by the concept taxable person of the VAT Directive (2006/112/EC). The representative rule has no equivalent in the VAT Directive. Therefore the analysis mainly concerns whether or not alterations in or amendments to the representative rule should be made in order to make the rule comply with the EU’s VAT Directive. The analysis contains a number of questions within the framework of the described purpose, where a key issue to consider is the question whether an ordinary private person can be deemed tax liable (skattskyldig) merely because of his role as partner in an enkelt bolag or a partrederi, which wouldn’t be complying with the main rule on who’s a taxable person, Article 9(1) para. 1 of the VAT Directive.

    This book is ended with a paper summarizing the questions and conclusions of part 1 and part 2 and which contains a translation into English of its chapters 2–4, i.e. of the overviews of conclusions concerning part 1 and part 2 and of concluding viewpoints concerning both books.

  • 8.
    Ghebrai, Ruth
    et al.
    Örebro University, School of Law, Psychology and Social Work.
    Tesfaye, Biya
    Örebro University, School of Law, Psychology and Social Work.
    Genocide: The complexity of genocidal intent2012Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    Article II of the Convention on the Prevention and Punishment of the Crime of Genocide stipulates the definition of the crime. A key element of genocide is the criterion of “intent”; this requisite must be met in order to determine criminal liability. Even though “intent” is a paramount element of the crime neither definition nor guidance regarding its interpretation is provided for under Article II, this void of interpretation is absolute throughout the Genocide Convention. Hence, the purpose of this thesis is to examine this void in the provision. In order to fulfill the purpose of this thesis the following research questions have been regarded: How is the requisite intent defined in relevant preparatory work of Genocide Convention? How is the requisite intent interpreted in relevant case law and judicial doctrines and are these interpretations in line with the preparatory work of the Genocide Convention? Is the definition and interpretation of the requisite intent in the abovementioned legal sources consistent with the object and purpose of the Genocide Convention?

    We found that in the preparatory work of the Genocide Convention, the requisite intent has not been labeled. However, the Drafters definition of intent is in accordance with international criminal law’s definition of specific intent.

    Also, the case law and judicial doctrines that we have examined all fall within either the purpose-based or the knowledge-based approach. Both approaches acknowledge that a perpetrator needs to possess an inner aim or desire to meet the level of intent required for the Crime. Notwithstanding, the knowledge-based approach holds that “policy or plan” is part of the Crime whereas the purpose-based approach rejects it and consequently the application of genocidal intent is distinctively different.

    With regard to preparatory work, the purpose-based approach is in line with the definition of the Drafters whereas the knowledge-based approach is not in its literal meaning. However, the Drafters did not explicitly reject the knowledge-based approach in the preparatory work of the Genocide Convention.

    We have concluded that the purpose-based approach is not consistent with the object and purpose of the Genocide Convention. We hold that the knowledge-based approach is in line with the object and purpose of the Genocide Convention, and hence this approach upholds the goal of preventing and punishing genocide.

    Moreover, the method for this thesis is in accordance with the method in international law for interpretations of international treaties; the Vienna Convention on the law of Treaties. Hence, the selection, systemization and interpretation of legal sources are in line with the Vienna Convention.

  • 9.
    Hambre, Anna-Maria
    Örebro University, School of Law, Psychology and Social Work.
    Tax confidentiality: a comparative study and impact assessment of global interest2015Doctoral thesis, monograph (Other academic)
  • 10.
    Johanna, Junker
    Örebro University, School of Law, Psychology and Social Work.
    Idrott ur ett EU-rättsligt perspektiv2011Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
  • 11.
    Kulin Olsson, Karin
    Örebro University, School of Law, Psychology and Social Work.
    Arvsrätt eller rätt till arv: en studie om arvsberättigande och kvarlåtenskapens fördelning2018Doctoral thesis, monograph (Other academic)
    Abstract [en]

    The present Swedish law of inheritance has developed slowly and is based on ideas stemming from an earlier social structure than that of today. When reforms have been made, modern regulations have been added to a very old structure. The rules on inheritance are still based on the nuclear family, though changes in society and the family forms that people choose have impacted on the notion of family, a notion which can no longer be seen as homogenous and clear. With changing living conditions and new forms of family, the present regulation has resulted in uncertainties and unpredictable consequences for the affected parties, such as when the wish of the deceased are restricted, equal heirs are treated differently, new forms of inheritance occur or when established protective mechanisms are sidelined. In an age when each person’s right to decide over their own interests enjoys central importance, it can be questioned whether a traditional law of inheritance is effective in contemporary society.

    The purpose of this dissertation is to examine from a historical perspective to what extent the law of inheritance is adapted to contemporary society, considering changing living conditions, forms of family and societal values. The dissertation’s point of departure is the law of inheritance of 1928 and the law of wills of 1930, and the question of who has the right to inherit and how the estate is distributed. Within this purpose the conditions for inheriting, principles regarding the distribution of the estate and the motives behind these are examined.

    The research has been conducted through an analysis of the development of the existing inheritance law's design and function in relation to the living conditions, family relationships and social values at different times in history. The approach has required that a wider perspective been applied to the design of the regulations on the right of inheritance and the distribution of the estate, which goes beyond law. The purpose and effect of the mentioned regulations have been identified and analysed on the basis of this background. The approach has meant that the current regulations have been examined both from an internal and an external perspective. The research has resulted in a proposal of change to the present principles of distribution and restrictions in order to accommodate present- day society’s living conditions and forms of family by extending the freedom of the decedent to dispose over the distribution of it’s estate after death.

  • 12.
    Lindqvist, Natalie
    Örebro University, School of Law, Psychology and Social Work.
    Fastighetspaketering: Skatterättsliga & civilrättsliga konsekvenser av direkt och indirekt fastighetsöverlåtelse, köparens risker vid förvärv av paketerad fastighet samt syftet med att tillåta paketering2013Independent thesis Basic level (degree of Bachelor), 20 credits / 30 HE creditsStudent thesis
  • 13.
    Lindqvist, Natalie
    Örebro University, School of Law, Psychology and Social Work.
    Fastighetspaketering: Skatterättsliga & civilrättsliga konsekvenser av direkt och indirekt fastighetsöverlåtelse, köparens risker vid förvärv av paketerad fastighet samt syftet med att tillåta paketering2013Independent thesis Basic level (degree of Bachelor), 20 credits / 30 HE creditsStudent thesis
  • 14.
    Lindqvist, Natalie
    Örebro University, School of Law, Psychology and Social Work.
    Otillbörlig renommésnyltning: En undersökning om skyddet för otillbörlig renommésnyltning2011Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
  • 15.
    Samadi, Mona
    Örebro University, School of Law, Psychology and Social Work.
    Defamation of religion: the right to freedom of expression in international and islamic law2012Doctoral thesis, monograph (Other academic)
  • 16.
    Sinani, Atidze
    Örebro University, School of Law, Psychology and Social Work.
    Barn som begår brott - Straffbarhetsåldern i Sverige, England och Wales2014Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
  • 17.
    Zajac Sannerholm, Richard
    Örebro University, School of Law, Psychology and Social Work.
    Rule of law after war: ideologies, norms and methods for legal and judicial reform2009Doctoral thesis, monograph (Other academic)
    Abstract [en]

    This study concerns itself with rule of law assistance in the aftermath of war. Over the past decade, rule of law has emerged as an essential objective in state-building missions. This has led to a host of programmes and projects on law reform, constitutional development, judicial training, and institutional establishment.

    The overriding purpose of this thesis is to describe and analyse the effects of international assistance, norms and standards on post-crisis legal, judicial and administrative systems. Three central areas are examined – how the rule of law is conceptualised by international actors; what the principal methods are for putting the concept into effect; and effectiveness and international accountability in rule of law assistance.

    The first part of this work begins with a description of how different ‘types’ of conflict affect legal and administrative systems, and what forms of intervention have been employed. It then moves on to analyse how the rule of law is conceptualised by specific international actors and the ‘ideologies’, views and interests underpinning the various definitions. This examination provides common characteristics and a framework upon which successive chapters are constructed. The relevance of rule of law conceptualisations is also discussed, particularly their prime relevance to criminal, constitutional, or administrative law.

    The second part of the thesis concentrates on what the principal methods are that international actors apply within rule of law assistance. Following three broad themes - law reform and constitutional reform, institution-building, and access-creation - the typical approaches of international agencies are discussed. In other words, what types of approach work, the main difficulties involved, and how methods in rule of law assistance can be improved. The emerging lack of accountability and effectiveness is then addressed, particularly ways of enhancing the mutual accountability of international reformers and national authorities.

    Part three is forward-looking and makes suggestions for improving rule of law assistance to war-torn societies.

  • 18.
    Zetterqvist, Jenny
    Örebro University, School of Law, Psychology and Social Work.
    Visibility at risk for women as rights-holders: a study with regard to a refugee camp context2019Licentiate thesis, monograph (Other academic)
    Abstract [en]

    By taking the recognition of persons as rights-holders in the framework of international human rights into account, this study directs its attention to women in protracted refugee situations, restricted to stay in camps also when their human rights are at risk due to various forms of violence. The question in focus is the following: To what extent may there be a risk that women in a refugee camp context, distinguished by a protracted refugee situation, do not become visible as rights-holders and entrusted to act with regard to international human rights and the problem of violence against women, especially domestic violence?

    The research process has taken the form of a continuous dialogue with the material for the study, a dialogue directing attention to material from an established international human rights system on one hand and material dealing with a local refugee camp context on the other. The study finds its entry-point primarily in the context of the international human rights treaty the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), including the work of the CEDAW Committee as a treaty body, and also the international mandate of the Special Rapporteur on Violence against Women, its causes and consequences. Due to the presence of a variety of justice mechanisms in the camps, certain aspects of a local customary law tradition are also addressed. The existence of an unlocked legal door for women to take actions in family law matters, or in cases of gender-based violence is something not to take for granted. The hindrances could lie deep in the legal system practiced. It could be an issue of not being entrusted by the structure of the system to act in person, as woman, with a legal capacity and by own right before the law.

    The study underlines the importance of sharpened awareness and analysis of the presence of a complex legal context and a variety of customary law traditions in the camps. It appears from the study that for women in a refugee camp to be able to act as rights-holders and claim human rights as laid down in human rights conventions, the issue of visibility is not only a matter of training in presenting facts on the ground in front of local authorities. To be visible in addressing the problem of gender-based violence and gaps in protection of human rights in a refugee camp context is first and foremost an issue for women to be recognized the right to act in legal matters. It is an issue of having the freedom of expression and to be recognized the social and legal status to act in their own capacity in front of the local legal structures, including the local customary law context, and to address international human rights monitoring mechanisms, such as the CEDAW Committee or the Special Rapporteur.

  • 19.
    Zeydi, Hiba
    Örebro University, School of Law, Psychology and Social Work.
    Fri rörlighet av varor: Art 34 FEUF och åtgärder med motsvarande verkan - "från Dassonville till Trailers målet"2012Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    The characteristics of free movement is the elimination of obstacles to trade between Member States and thus by such, create free movement within the entire union. Therefore art 34 in the Treaty of Lisabon (FEUF) states that all quantative restrictions on imports and measures of equivalent effect are prohibited. The legal approach to measures having equivalent effect is still unclear and the purpose of this paper is therefore to propose a solution to that particular problem. What can be said when it comes to this rule is that the EU-Court has gone from applying a discrimination test to a market access doctrine.

    According to the Court´s case law, measures having equivalent effects to quantative restrictions are “All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade”.  The question of how to apply the test when it comes to a potential hinder to intra-community trade is still unclear. Connected to this is the remoteness test where hinders that are too indirect and uncertain cannot fall within the ambit of art 34 FEUF. The Courts case law has made it clear that a de minimis rule should not be applied so even small and unsubstantial hinders can fall within art 34 FEUF.

    The Court has also stated that a Member State that impedes a product from being imported to it´s territory when it has been lawfully produced and marketed in the member state of origin, constitutes a measure of equivalent effect to quantative restrictions. This is referred to as the Cassis doctrine. In the case law after Cassis, there were a lot of contradicitions as to what constitutes measures of equivalent effects. That problem was solved by the Court in the Keck case where all measures relating to “certain” selling arrangements is not as such as to hinder trade between Member States. However, that is the case as long as they apply to all relevant traders operating within the national territory and as long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States (Keckcriterias). The problem today in connection to Cassis and Keck is that it can be hard to make a distinction between selling arrangements and rules connected to product requirements.

    After the development in Keck, the Court stated in the Trailers case that those measures relating to the use of goods which prohibits or impedes the use of them, constitutes measures of equivalent effect and thus are prohibited because they impede the good´s access to the market.

    Post Keck case law confirmes that when it comes to Member States national measures, one must apply both the discrimination test and the market access test in order to find out whether the rules falls within the ambit of art 34 FEUF. How this test should be applied is still unclear today, which creates legal uncertainty. This is something for the Court to work on in the future.

     

     

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