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1437 Uppsatser om Legal rights - Sida 4 av 96
Mänskliga rättigheter i lokal praktik -En undersökning av kommunal verksamhet
The Swedish political organization is subject for the investigation of this thesis, with regard to the realization of universal human rights. There is a discrepancy between the Swedish state's international undertakings in legally binding treaties and theactualization of human rights by local authorities. The local authorities are ruled by a complex function of both national and local government. Of interest here, is the effect that these, and other organizational aspects, between the national and the local, have for the realization of human rights in local authorities. Also, the discrepancy between the national and the local is attempted to be understood.
Värvningsförbud av anställda och konkurrensbegränsande samarbeten
This thesis focuses on employers? use of non-?solicitation of employees in commercial contracts within the union?s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers. .
OS i mänskliga rättigheter Sommarolympiaden i Peking 2008
The eighth of august the Olympic games in Beijing started. The chinese regime promised to improve the human rights situation in the country if awarded the Olympic games 2008. The decision to place the games in Beijing arouse severe critique and many questioned how the International Olympic Committe could place the games in a country that so obviously violate basic human rights.The main purpose of this essay has been to analyse what consequences the Olympic Games has given the human rights situation in China. In order to accomplish this I have studied some specific human rights, which I consider to be directly linked to the games. I found that the situation for these human rights has infact worsened since 2001 when China was awarded the games.
Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?
According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.
Burkaförbud : Rättfärdigad restriktion eller brott mot de grundläggande friheterna och mänskliga rättigheterna?
The fundamental freedoms and human rights is something the countries, and its citizens, of theEuropean Union more or less take for granted. However, in recent years these rights have become atopic of discussion in the way that a debate about the Islamic headscarves has developed. Thisdebate has resulted in that a number of countries, including France, have taken legislative measuresto ban clothing that fully covers ones face. Out of these bans a discussion has arisen concerning thefundamental freedoms and human rights. These burqa bans, as it is labeled in the pubic debate, havebeen accused to wrongfully limit the individuals freedoms and human rights.This study therefore has the aim to analyze these burqa bans in relation to the European Union,United Nations and the Council of Europe?s general declarations concerning the fundamentalfreedoms and basic human rights.The main result of this study shows that these bans in fact is not a proportionally restrict in thefundamental freedoms and human rights.
Vem bär ansvar för Somalias internflyktingar?
The aim of this thesis is to examine the rights of internally displaced persons as well as finding out whose responsibility it is to maintain these rights. The questions being answered are: what policies, laws and conventions are addressing internally displaced persons in Somalia (mainly from within Somalia, UN and AU)? And; which principal similarities and differences in these documents are to find regarding what type of protection internally displaced persons can get? Whose responsibility is it to intervene if these rights and rules are not maintained? To answer these questions I have used a liberal-universal theoretical framework. The analysis is a describing case study of comparative nature between the Provisional Somalia Constitution, UN Guiding Principles on Internal Displacement and the Kampala Convention. The result shows that there are many different rights of internally displaced persons in Somalia.
Att göra affärer i Kina - rättsligt skydd i lagen och i verkligheten
This thesis looks at the difference between the legal protection in law and the legal protection in reality when a small company working with international trade comes in contact with seller's breach of contract. The thesis uses a case taken from a company with over 30 years experience trading with China and looks at the legal protection available along with the different possibilities of dispute resolution available to a company and then looks at the reasons why this legal protection never becomes a reality and the thesis also analyses some possible reasons for this gap between law in the books and law in reality..
Frihet till hat? : Hatbrott, rasistiska organisationer och inskränkningar av yttrandefriheten
The present paper is part of a project carried on by the Swedish Section of the International Commission of Jurists. Sweden has ratified several major international human rights instruments. Most of the rights are covered by national law, and only in exception is there a discrepancy between national and international law. Such a discrepancy is found in the UN Convention on the Elimination of all forms of Racial Discrimination, in which the State parties agree on penalizing and prohibiting the founding of and participation in racist organizations. Sweden is not complying with this statute, despite the fact that the government has ratified the convention.
Att bara vara barn - En studie i hur fysisk bestraffning av barn är kopplat till det juridiska klimatet för unga i USA
United States is one of the two countries in the world that have not ratified the convention on the rights of the child, and one of the few countries that sentences children less than 18 years to life in prison without parole. Besides this, corporal punishment is legal in all the states of USA. This essay is aimed at researching how these three factors affect one another in the American context and what consequences may come out of it. By the use of reports from NGO's and UN treaties together with various theories about the subject in question, I have looked into the juridical climate for today's young Americans.The conclusion of the essay shows that there is a tendency in the United States to control violence with violence, from a local level and further to a state level. As long as this attitude proceeds, the situation for children at risk for being sentenced to life sentence will not improve..
Degenerering av varumärken: - en juridisk konstruktion eller ett marknadsföringsproblem?
Degeneration of trademarks - a legal construction or a marketing problem? This paper discusses the issue of degeneration of trademarks. The study has its starting point in the conflict that may arise between the principles of marketing and the legislation concerning IP rights and market law. In this study several verdicts are studied in which degeneration has been addressed. Analyzing these rulings as well as the current legislation in the light of marketing theory, a conflict between marketing and legislation can be noted.
Upphovsrättens sammanställningsskydd och sui generis-skyddet för databaser. En adekvat skyddsnivå på bekostnad av informationsfriheten?
Collections, compilations and databases currently stand under a solid intellectual property protection in Sweden. This legal protection is partly a product of the old Nordic ?catalogue-rule? seen in the former 49 § of the Swedish copyright act (upphovsrättslagen) but was further extended by the implementation of the EU directive on the legal protection of databases 96/9/EG and the new sui generis-right. Since major values are represented digitally combined with the fact that Internet serves as the main provider for information a strong legal protection for databases must be carefully crafted. When crafting this kind of legal protection the right to freedom of information is balanced against the database producers? interests of property protection as well as social and public interests such as increased innovation.
Myndighetssamverkan i Barnahus : Blir det bättre för barnen?
Many children are being abused by daily basis. Mostely they are abused by a parent or another person that is close to the child. Mostely the child abuse never is reported to the social services or to the police, and even if the perpertrator is known, only a few cases are brought to prosecution. If a case allthough is drawn before the court of law, there are still too many of the perpetrators that are being acquitted. In other words, the legal security for the abused children is way too low.When suspiscions arise that a child is exposed to child abuse there are several inquiries that starts at the same time.
Kommunen som avtalspart
This essay inquires with the local authority´s rights versus obligations towards its members in agreement situations, where according to civil law compete with the according to public law.These situations become more and more common, since the public is often integrated in today´s trade and industery. Within this analyses there are statements made by HD about what is the applicable judgement concerning this complex area. HD´s different views and opinions have partly been critizesed by the auther..
Tillämpning av 6 b § LAS vid sammanslagningar av företagshälsovårder : Anställningsavtalets skillnader vid pensionsbestämmelser
During year 2007 ClaraHälsan Ltd bought the company health service Solstahälsan in Karlstad. The wide merger of the two health services the problems arose around the employees? employment agreements when certain parts of the agreement differ. At a transition of a company, in this case a health service, the rights and obligations for the employees will pass on to the new employer according to directive 2001/23/EG who came in force in the swedish legal system in year 1995. The former employer is only responsible vis-à-vis the employees ?for economic obligations related to the time before the transition, the code of protection of employment 6 b §.
Den europeiska arresteringsordern : ett rättssäkert förfarande?
The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition.