Search for dissertations about: "legal interpretation"

Showing result 1 - 5 of 55 swedish dissertations containing the words legal interpretation.

  2. 1. Legal Interpretation and Standards of Proof : Essays in Philosophy of Law and Evidence Law Theory

    Author : Sebastián Reyes Molina; Sebastian Lutz; Jens Johansson; Verónica Rodríguez-Blanco; Uppsala universitet; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; HUMANIORA; HUMANITIES; law; legal interpretation; evidence; legal evidence; proof; philosophy of law; legal theory; general jurisprudence; standards of proof; philosophy; legal reasoning; evidential reasoning; Filosofi; Philosophy;

    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

  4. 2. A castle in the air : The complexity of the multilingual interpretation of european community law

    Author : Mattias Derlén; Pär Hallström; Barbara Pozzo; Umeå universitet; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; multilingual interpretation; EU law; EU law in Danish courts; EU law in English courts; EU law in German courts; legal culture; preliminary rulings; European Court of Justice; LAW JURISPRUDENCE; RÄTTSVETENSKAP JURIDIK;

    Abstract : It is well known that European Union law is multilingual. Union legislation is not only published in all authentic languages but equally authoritative in each language. The European Court of Justice has discussed – and indeed made use of – this multilingual character when interpreting Community law. 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. 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

  7. 5. The Legal Process in Child Sexual Abuse : Difficulties in confirming evidence and providing support

    Author : Christina Back; Per A. Gustafsson; Carina Berterö; Karin Anna Petersen; Linköpings universitet; []
    Keywords : Child sexual abuse; legal process;

    Abstract : The overall purpose of this thesis was to study the situation of such children in the legal process. In depth-interviews were carried out on ten children aged 8-18 years old. The interviews focused on the children´s experiences and perceptions of meeting with various professionals in the legal process. READ MORE