Search for dissertations about: "analysis in international law"

Showing result 1 - 5 of 89 swedish dissertations containing the words analysis in international law.

2. 1. Early Determination of Arbitral Jurisdiction : Balancing efficacy, efficiency, and legitimacy of arbitration

   Author : Fabricio Fortese; Patricia Shaughnessy; Stefan Kröll; George A. Bermann; Stockholms universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; arbitral jurisdiction; competence-competence; UNCITRAL Model Law in International Commercial Arbitration; New York Convention; legal interpretation; legal harmonisation and unification; efficiency in dispute resolution; efficacy of arbitration agreements; legitimacy of arbitration; presumptive validity of arbitration agreements; early determination of jurisdiction; validation principle; prima facie determination; full review of jurisdictional objections; Rättsvetenskap med inriktning mot processrätt; Legal Science; specialisation in Procedural Law;

   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

4. 2. Hybrid Mismatches in International Transactions : A Study of Linking Rules in EU and Tax Treaty Law

   Author : Autilia Arfwidsson; Martin Berglund; Claes Norberg; Jesper Johansson; Uppsala universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; hybrid mismatch; linking rules; hybrid mismatches; hybrid mismatch rules; taxation; international taxation; tax treaty; OECD MTC; BEPS; EU law; ATAD; Finansrätt; Fiscal Law;

   Abstract : Hybrid mismatches, where differences in income characterisation across jurisdictions lead to double non-taxation, can be exploited by multinational enterprises to reduce their overall tax burden. Common hybrid mismatch rules addressing this issue have recently been introduced within the EU and the OECD. READ MORE

5. 3. Negotiating Asylum. The EU acquis, Extraterritorial Protection and the Common Market of Deflection

   Author : Gregor Noll; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; extraterritorial protection; international law; human rights; European Union; burden-sharing; demos; legal theory; interpretation; international private and public law; discrimination; refugee law; asylum; internationell rätt; European law; EU-rätt; EU law; public international law; folkrätt; internationell privaträtt; private international law;

   Abstract : How are access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? What tools does international law offer to solve conflicts between them? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. READ MORE

6. 4. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making

   Author : Letizia Lo Giacco; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Judicial decisions; International law-making; Citation; International criminal law; International courts; Domestic courts; Discretion; Authority; Legal realism; Empirical; Practices; Reiteration; Dynamic process; International law; Internationell rätt; Internationell straffrätt; Hänvisning;

   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

7. 5. Defining rape : emerging obligations for states under international law?

   Author : Maria Eriksson; Joakim Nergelius; Ola Engdahl; Helen Durham; Örebro universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Prohibition of rape; definition of rape; women s rights; armed conflict; state obligations; fragmentation; humanisation; LAW JURISPRUDENCE; RÄTTSVETENSKAP JURIDIK; Juridik; Law;

   Abstract : 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. READ MORE