Search for dissertations about: "Judicial interpretation"
Showing result 1 - 5 of 13 swedish dissertations containing the words Judicial interpretation.
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1. Legal Interpretation and Standards of Proof : Essays in Philosophy of Law and Evidence Law Theory
Abstract : This dissertation addresses the issues of the indeterminacy of law and judicial discretion in the decision of the quaestio facti. It is composed of four papers:In the first paper, I develop an account of legal indeterminacy called the ‘systemic indeterminacy’ thesis. READ MORE
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2. Refugee Status Determination in the Context of 'Natural' Disasters and Climate Change : A Human Rights-Based Approach
Abstract : This thesis is concerned with refugee status determination (RSD) in the context of ‘natural’ disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying theoretical as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the thesis asks the question ‘in what kinds of circumstances may a person establish, within the meaning of Article 1A(2) of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, a well-founded fear of being persecuted for a Convention reason in the context of ‘natural’ disasters and climate change?’Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the thesis draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people’s differential exposure and vulnerability to disaster-related harm. READ MORE
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3. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making
Abstract : The present research investigates the formative processes of international criminal law through the iterative citation of judicial decisions in adjudicatory practices. Given the centrality of the judge in the adjudication of international criminal law, this study is underpinned by a legal realist approach to international law informed by the work of Alf Ross (Scandinavian Legal Realism) and Gregory Shaffer (New Legal Realism), according to which the meaning of legal rules and principles is not autonomous from how they are empirically practiced and interpreted by courts. READ MORE
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4. Early Determination of Arbitral Jurisdiction : Balancing efficacy, efficiency, and legitimacy of arbitration
Abstract : This dissertation examines the timing of judicial determination of jurisdictional disputes in the presence of an arbitration agreement. The analysis focuses on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration (and Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). READ MORE
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5. Effectiveness of EU Law versus Procedural Protection – Tracing the tension throughout the case-law of the Court of Justice on ex officio review by the national judge
Abstract : This work deals with the tension between the effectiveness of European Union law and national rules of procedure put in place to safeguard the legal certainty and judicial protection of litigants. Particular attention is paid to rules constraining the power of national judges to apply Union law of their own motion – i.e. READ MORE
