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164 Uppsatser om Judicial tax treaty override - Sida 3 av 11

Normer i EU:s gemensamrna utrikes- och säkerhetspolitik- en teoriapplikation av Normative Power Europe avseende utrikes- och säkerhetspolitiska uttalanden före och efter Lissabonfördraget

This bachelor thesis airns to examine change in Common Foreign and Security Policy towardsa Normative Power Europe irnplernented in the Treaty of Lis bon. The survey is conductedwith Ian Manners Norrnative Power Europe theory as the basis. U sing norms identified byManners in his article "Normative Power Europe: A Contradietian in Terms?" (2002) as thetools when analysing CFSP-staternents both from before and after ratification of the Treaty of Lisbon. The norms used in the analysis are Peace, Dernocracy and Human Rights.

Svenskt utrikespolitiskt beslutsfattande : Flernivåanalys av Sveriges beslut att bli en del av den europeiska säkerhets- och försvarspolitiken (ESFP).

In 1998 Sweden accepted the Treaty of Amsterdam which contained a development of the common foreign and security policy (CFSP) towards a European security and defense policy (ESDP). This thesis aims at studying the decision making process behind the Swedish foreign policy decision to further develop its security policy within the European Union. The purpose is to explain which factors and conditions that did affect and influence the Swedish foreign policy decision. The research applies foreign policy analysis, a theoretical perspective that analyzes both domestic and international conditions using different levels of analysis. The research methods being used has been qualitative as well as quantitative, complemented by interviews, since the research is a process tracing case study.The thesis conclusion is that the Swedish decision is explained by several factors.

Rättfärdigandebegreppets potentiella tillämpning vid direkt könsdiskriminering : en analys av den EG-rättsliga diskussionen om utökade möjligheter till rättfärdigande

Sex equality law within the European Union is well developed and has since the Rome Treaty, given rise to several directives and other judicial acts on this matter of community law. The concepts of direct and indirect discrimination emerge from the general principles of Equal pay and Equal treatment and have been codified and amended several times until present.The lasts years, authors within the field of Equality Law has been pointing out that there is a common desire for simplification of discrimination law in Europe. The question has arisen whether this simplification could be implemented trough the introduction of a general justification defence for direct sex discrimination.The concept of direct sex discrimination - when a person of one gender is treated less favourably, on the grounds of gender, than a person of the other gender would be treated in similar circumstances - leaves no possibilities for such justification today. Indirect sex discrimination ? which arises from the equal application of neutral rules that shows an adverse impact on one group ? can be justified if the rule answers to true requirements of the job.Does the proposition that direct discrimination should be justified find support in the inconsistency of the present legislation? This paper will examine this and other questions concerning the wish for a general justification defence through studies of case law from the European Court of Justice as well as differing opinions from authors within the field of equality law..

Ett Förändrat Ledarskap? : En studie av EU:s ledarskap sett ur ett institutionellt perspektiv, kopplat till internationella miljöförhandlingar

AbstractPolitical Science, level III thesisSpring semester 2010Author: Emelie AlfredssonSupervisor: Tomas Mitander"A Changed Leadership? - A study of the EU leadership from a institutional standpoint, related to multilateral environmental negotiations"The EU has for a relatively long time considered itself a leader in the environmental policy area as a whole as well as in multilateral environmental negotiations. This study attempts to classify and identify the European leadership with the purpose of relating it to the institutional framework of the Union. The treaties of the European Union decide its ability to act and its institutions the right to engage in different policy areas, the environmental area being the focus of this study. With the recent ratification of the Lisbon treaty this study aims to make out if the type of leadership the Union showed during the Kyoto negotiations has changed with the new treaty, into a new type during the COP-15 meeting in Copenhagen.

Kampen om kunskap: Vem bestämmer vad kunskap är och vem äger den? : En textanalys av WIPOs Development Agenda och Draft Treaty on Access to Knowledge

Uppsala universitet The aim of this master?s thesis is to investigate, through text analysis, the role of copyright in development, with particular interest of how the concepts knowledge and access to knowledge are used in Access to Knowledge Draft Treaty and WIPO Development Agenda. The definition of the concept knowledge, as it is used in copyright, is based in a Western historical and philosophical context and therefore excludes knowledge created in another type of society. The consequences of this exclusion have effects on development. Further it is stated that knowledge according to the global copyright scheme will be reduced to a commodity, which will have consequences not only in societies in the global South.

Förhandling av kärnvapennedrustningsfördrag : En jämförande studie av CTBT och FMCT

AbstractThis essay discusses the negotiation of the Comprehensive Test Ban Treaty (CTBT) and the process that led up to a signed agreement. The CTBT forbids all nuclear weapon test explosions and all other types of nuclear explosions. The purpose of the study was to distinguish the critical steps of the negotiations that resulted in the success of the CTBT. Based on these insights, my intention was to identify relevant events and actors in the process around the Fissile Material Cut-off Treaty (FMCT), which has been on the nuclear disarmament agenda for over a decade. Furthermore, my ambition was that the examination of the CTBT negotiation would give me some clarity in what the next step would be to get the FMCT back on track.

De konkurrensrättsliga sanktionsformerna

The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in the EC Treaty, articles 81 and 82 respective CL 6 and 19 §. EU: s objectives can be said to promote economic and social development within the community. These objectives will be achieved, among other things, through the establishment of a common internal market. In order to achieve a common market, where companies from different nations compete on equal conditions, it is not enough to prevent the member states from distortion of competition in the market. The free competition and thereby the advantages the common market is assumed to create, can also be limited through measures taken by companies.

Oenigheter på arbetsplatsen : En studie om konflikter och konflikthantering bland vuxna i förskolans verksamhet

AbstractThis essay discusses the negotiation of the Comprehensive Test Ban Treaty (CTBT) and the process that led up to a signed agreement. The CTBT forbids all nuclear weapon test explosions and all other types of nuclear explosions. The purpose of the study was to distinguish the critical steps of the negotiations that resulted in the success of the CTBT. Based on these insights, my intention was to identify relevant events and actors in the process around the Fissile Material Cut-off Treaty (FMCT), which has been on the nuclear disarmament agenda for over a decade. Furthermore, my ambition was that the examination of the CTBT negotiation would give me some clarity in what the next step would be to get the FMCT back on track.

I huvudet på UNASUR och AU ? en studie av EU:s roll som förebild i världen

This bachelor thesis is a study of the European Union as a role model in the world. Its main focus is to answer the question ?In what respects did the European Union (EU) work as a model at the establishment of the African Union (AU) and the Union of South American Nations (UNASUR)?? By doing so it hopes to shed some light on how other unions in the world contemplate the EU. The method is partly theoretical and partly empirical. In the theoretical part, the thesis discusses in what respects the African Union and the Union of South American Nations might and might not be similar to the European Union.

Det svenska spelmonopolet : Sätter EG-rätten stopp för statens kassako?

AbstractThe subject for this thesis is the Swedish gaming monopoly. This thesis describes the Swedish legislation that regulates the market for gaming in Sweden. The European legislation is also explained in the thesis; both the rules in the EC treaty and the rulings made by the EC court of justice (ECJ). The purpose with this is to see if the Swedish legislation can be upheld considering the rules set up by EC law. The second part of the thesis is focused on the actuality of the problem and the future possibilities for the regulation.

En kritisk granskning av svenska statens ställningstagande till barns deltagande i domstolsförfaranden

The aim of this study was to describe and scrutinise the position of the Swedish government on whether children should participate directly or through a representative in judicial proceedings.The main questions for this study were to find out (1) what position the Swedish government has on the subject, (2) how the position is justified, and (3) what view on children the position reflects.A qualitative design was used in the study and in order to describe the position a descriptive method was used. In the second part of the study a critical approach was used to examine and analyse the position.The main conclusions were that the position is ambiguous but that it mainly reflects, with a few exceptions, that it is better for children to be represented than to participate directly in judicial proceedings. The arguments that are given as basis for the position are short and lack both the objective and subjective grounds needed to decide the best interest of the child. The analysis of the position showed that it mainly reflects a view on children as objects and when the statement reflects a view on children as subjects, it relates to age and maturity in the child..

HFD:s Peru-domar : Fo?rha?llandet mellan skatteavtal och intern ra?tt

Lagstiftningen om skattefrihet pa? kapitalvinster pa? na?ringsbetingade andelar samt RA? 2004 not. 59 innebar startskottet fo?r en ny typ av skatteplanering som kom att kallas Peru-uppla?gg. Skatteavtalet med Peru utnyttjades och stora skattevinster i de aktuella bolagen var fo?ljden.

Kvinnans rättigheter i rätten : Om våldtäktsdefinitionen i svensk sexualbrottslagstiftning

During the past 10 years Sweden has updated its penal code for sexual crimes twice. Despite this few are convicted for the crime of rape in Sweden. As the majority of perpetrators being male, this is a problem concerning women?s rights to respect for their bodies and personal integrity. A possible explanation, and this study?s point of departure is a potential discrepancy between the intention of the law and the interpretation of the same as the Swedish legal system rests on a foundation of legal positivism.

Ethical impact on EU animal welfare policies : the example of Article 13

On December 1th 2009 the Lisbon Treaty entered into force, and through Article 13, the recognition of animals as sentient being was given a more visible part in the very core of EU law. This was an effect of a political decision to commit to the issue, partly because of the will to further harmonize the EU market, but also due to increased societal concern for the wellbeing of animals. Over the last decades, ethical awareness is growing in many countries, one reason being new scientific discovery. This influences legislators and policy makers to take proper action, and in this way, ethics and science often work together as the very basis for the development of new legislation and policies. There is yet to be seen what the actual consequences of Article 13 will be, since the legal obligation remains the same and there are still some reservations in it.

Mot överstatlighet? : Den framtida inriktningen på EU:s utrikes- och säkerhetspolitik. En jämförande fallstudie om Frankrike och Danmark

The aim of this paper is to explain how the European Union?s common strategy for theCommon Foreign- and Security Policy (CFSP) will change with the implementation of the Treaty of Lisbon. A comparative case study and qualitative method is used. On the basis of Smith?s theory of institutionalization we will analyze two member states: France and Denmark.

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