Search for dissertations about: "critical approaches to law"

Showing result 1 - 5 of 17 swedish dissertations containing the words critical approaches to law.

2. 1. The Common Good in Common Goods - The Decommodification of Fundamental Resources through Law

   Author : Saki Bailey; Göteborgs universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; commons; common goods; shareable goods; legal theory; social theory; socio-legal theory; property theory; critical legal theory; critical approaches to law; post-capitalist approaches to law; post-marxist approaches to law; post-liberal approaches to law; legal foundations of the market; embedding the market; strategic decommodification; decommodification; democratization of the economy; equitable access to resources; social property relations; housing policy; housing law; third-sector housing; shared limited equity; community land trusts; housing cooperatives; baugruppen; bostadsrätt; resource specific analysis; economic analysis of resources; neoliberalism.;

   Abstract : This dissertation is divided into three parts. Part I analyzes the Commons as a post-capitalist strategy accomplished through law by developing an alternative social theory of the market as a social institution. READ MORE

4. 2. Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area

   Author : Brita Bohman; Jonas Ebbesson; Lena Gipperth; Stockholms universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; transboundary pollution control; transboundary law; eutrophication; social-ecological resilience; ecosystem approach; environmental law; environmental governance; the Baltic Sea; ocean governance; miljörätt; Environmental Law;

   Abstract : This dissertation evaluates the role and effectiveness of law in the transboundary environmental governance of the Baltic Sea with regard to eutrophication. To this end, it reviews the applicable international agreements with their related instruments, as well as the EU legal frameworks, for the protection of the Baltic Sea environment on the basis of theories on resilience in social-ecological systems. READ MORE

5. 3. Legitimized Refugees : A Critical Investigation of Legitimacy Claims within the Precedents of Swedish Asylum Law

   Author : Martin Joormann; Rättssociologiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Refugee law; legitimacy; power and uncertainty; Sweden; Migration Court of Appeal; judges; precedents; critical discourse analysis; collective case study; institutionalized power imbalance;

   Abstract : This study focuses on asylum cases decided at Sweden’s migration courts. More precisely, it analyses how the highest legal instance, the Migration Court of Appeal (hereafter MCA), legitimizes decisions that concern asylum seekers. Using critical discourse analysis (CDA), the study makes power relations visible. READ MORE

6. 4. As if Peoples Mattered: Critical Appraisal of "Peoples" and "Minorities" from the International Human Rights Perspective and Beyond

   Author : Zelim Tskhovrebov; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Self-Actualization; Individuation; Games; Self-Determination; International Law; Peoples; Minorities; Human rights; Mänskliga rättigheter;

   Abstract : The subject matter of the thesis is the comprehensive - legal and multidisciplinary - analysis of the terms 'peoples' and 'minorities' in international law. The argument of the author proceeds in four parts: the Problematique which deals with the 'minority challenge' and the international normative response to that challenge; the Critique, criticizing the basic underlying assumptions of the discourse; the Diagnostics, diagnosing the causative factors behind the normative 'malaise'; and the Resolutique, recapping the best international law of human rights offers for the solution of the 'minority' problem on the one hand, and suggesting new ways of looking on the problem, on the other. READ MORE

7. 5. Refugee Status Determination in the Context of 'Natural' Disasters and Climate Change : A Human Rights-Based Approach

   Author : Matthew Scott; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Human Rights; Public International Law; Climate Change; Interpretation; Persecution; Well-Founded Fear; Discrimination; Refugee; Disaster; Folkrätt; Mänskliga rättigheter; Flyktingrätt;

   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