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445 Uppsatser om Principle of proportionality - Sida 6 av 30

UNIDROIT Principles, PECL och DCFR i svensk rättspraxis

International Contract Law presently offers three sets of principles: the UNIDROIT Principles of International Commercial Contracts (the UNIDROIT Principles), the Principles of European Contract Law (the PECL) and the Draft Common Frame of Reference (the DCFR). These sets of principles contain general principles which are intended to serve as model rules. The three sets of principles have been published, but they have not been adopted. The UNIDROIT Principles and the PECL are not meant to be adopted either. There are different opinions as to whether the sets of principles can be considered to be a source of legal status at all.The sets of principles have been referred to in Swedish law.

Principen att förorenaren betalar och den svenska miljöbalken

Kostnader förenade med återställande av förorenad natur är ofta stora och frågan är vem som skall betala. I princip finns det tre grundmönster för fördelningen av betalningsansvaret: kollektivt ansvar, individuellt ansvar och gruppansvar. Betalningsansvaret för miljöskador flyttas i allt högre grad från staten till enskilda förorenare. Detta synsätt överensstämmer också med den allmänna skadeståndsrättsliga principen att den som orsakar en skada är skyldig att reparera eller ersätta densamma. Finansieringssättet baserat på individuellt ansvar har formulerats i principen att förorenaren betalar, Polluter Pays Principle eller PPP.

En annan värld? En analys av sex fantasyromaner ur ett genusperspektiv

The aim of this Master?s thesis is to examine how the gender system is described in fantasy novels. The theoretical framework is based on Yvonne Hirdman?s theory on gender system, primarily the two basic principles: the principle of dichotomy, of separation between the sexes, and the principle of hierarchy, of man as norm. The method used is idea analysis which is a form of textual analysis.

Normföljare eller normbrytare? En studie av mangaserien Ranma ½ ur ett genusperspektiv

The aim of this Master?s thesis is to examine how Ranma ½, one of the most popular Japanese Manga series, reflects the gender system in society. We have chosen to make use of two different gender theorists to determine if Ranma ½ follows the gender norms of society or not. The theoretical framework is based primarily on Yvonne Hirdman's theory of the two basic principles: the principle of dichotomy and the principle of hierarchy. Judith Butler's theory of performative gender is used as a complement.

Romers rätt till politisk delaktighet och inflytande i Sverige : en diskursorienterad policyanalys av artikel 15 i Ramkonventionen

The aim of this essay is to study the decision making process and implementation of the principle of political participation and influence for Roma minority in Sweden. The results regarding the decision making process is structured through a discourse influenced policy analyses. Problem picture and recommended measures in the political documents representing the decision making process are analysed through theories of minority rights and equality. The implementation is seen through, by the author given minority discourse and the work in the roma council and analysed by the same theories already mentioned.The results show that regarding the decision process the aim of art.15 in the framework convention is based on the idea of equality while the Swedish documents relates more to an idea of the right to speak for the group. Regarding recommended measures, the framework convention gives several recommendations on specific measures for political participation while the Swedish documents focuses on the general politics of the state.

Uttagsbeskattning av en kooperativ förenings försäljning av el till självkostnadspris

The thesis has as purpose to describe and analyse a decision made be the Swedish tax committee in which it was decided that a cooperative economical associations selling price, which was less than the comparable public bonds market price, would be the focus of a withdrawal tax. There are exceptions from a withdrawal tax, that is if the transaction has a business motivation. However the concept, business motivation, is narrowly interpreted both in the preparatory works and in case law, which makes it irrelevant to the situation at hand. A cooperative economical association is a form of association nearest akin to the limited companies. These types of associations have as purpose to increase their owners wealth with the benefit of freedom from personal responsibility.

Hållbart jordbruk inom vattenskyddsområde : En studie om Sverige, Danmark, Frankrike och Tyskland

To guarantee protection of our drinking water, water catchment protections are established. These are divided into three different zones and in the first zone it is most likely that an activity, such as agriculture, will contaminate the water resource. Hence the activities are strongly regulated or banned. The EU communion is working towards a sustained water quality through several directives; Nitrate Directive, Waterframwork directives and Sustainable use of pesticide directive. The main purpose is to regulate the diffuse pollution from agriculture.This thesis is about how Denmark, Germany and France are working towards a sustainable agriculture within water protection areas.

A spaghetti bowl of preferences? : om preferentiella handelsavtals påverkan på WTO

The aim of this thesis is to clarify the affect that preferential and regional trade agreements have on the World Trade Organization (WTO), as being establisher of the international trading regime. The essay is an explanatory literature study, which strives to answer the following questions:Are regional and preferential trade agreements a threat or a complement to the WTO?Is an undermining of the MFN principle weakening the WTO?How do regional trade agreements made by the EU affect the future of the WTO?The empirical material is to be analyzed using an explanatory framework, which is based on neo-liberal instutionalism, theories on regime changes and a game theoretical approach, using prisoner?s dilemma. I will employ the EU-ACP relation, the Cotonou agreement to exemplify how an agreement of this kind can have an influence on multilateral trade. The result shows that preferential agreements do have an impact on the WTO, one that is fairly negative in scope.

Barnets bästa i skolan

The United Nations Convention on the Rights of the Child (UNCRC) was ratified by Sweden in 1990. Among its principles is devotion to the best interests of the child (article 3). This principle is hard to define, and it is difficult to find studies on how children express themselves about how the convention should be realized. The Swedish government wants local councils to introduce routines that follow the proposed rights. The Swedish school system is an important arena where UNCRC?s rights can be put into practice.

Internprissättning på lån inom multinationella koncerner - En kvalitativ studie av det svenska rättsläget

Due to the growth of multinational concerns during the last decades, with large parts of international trade involving such corporations, the field of transfer pricing, including financial transactions such as internal loans, have received a great deal of attention in tax legislation. The internationally accepted foundation for transfer pricing is the so called Arm's length principle, expressed in Swedish law through the "Korrigeringsregeln". In the Diligentia court case, the concepts of transparency and control were given a crucial role in the calculation of an Arm's length's price of interest rates. The Swedish tax agency interpreted the ruling in that case as if a parent company always can be assumed to enjoy sufficient transparency and control to reduce the risk on their debt obligations. A great deal of uncertainty therefore surrounded their position and to what extent the Diligentia-ruling could be cited as precedent.

Wobblerpump

The task was to design and manufacture a submersible displacement pump working with the wobble plate principle. The main task for the Wobble plate pump is to be used as a sewage pump for smaller households or dewatering pump in environments where small flows and high pressures are acquired. For these purposes ITT Flygt sell a screw pump, PC-Grinder 3068. The hydraulic part of the PC-Grinder is manufactured by a subcontractor. Therefore ITT Flygt wants to evaluate an alternative to their screwpump PC-Grinder, which can be entirely manufactured by them self.

Kontraheringsplikt inom förmögenhetsrätten ? Avtalsfrihetens gränser

Swedish contract law is based on the main principle of freedom of contract, which means that a contract is built on a voluntary agreement of both parties. There are exceptions from the principle of freedom of contract. In some instances a party is obliged to contract (kontraheringsplikt), which also is the subject for this paper. Kontraheringsplikt can be described as an obligation for one of the parts in a relation to come to an agreement under normal circumstances with everyone who ask for it. The cases of kontraheringsplikt are rather different.

Tjänsteorienterad arkitektur : Ett arkiv- och informationsvetenskapligt perspektiv på tjänsteorienterad arkitektur

The starting point of this paper has to do with rapid changes within the information technology and the need for agile and fast systems. The primary goal is to investigate what happens with recordkeeping practices in agile environments like service oriented architecture (SOA). It is in the possible transfer between IT architecture and digital archive the area of this paper resides. The paper relates to the Records Continuum model by which records will be considered historical and active at the time of creation. In the Records Continuum model recordkeeping practices and archival requirements will have to be taken into account at the time of creation.This paper concerns SOA from the perspective of Archival and Information science.

Hur tiggeri konstrueras som ett socialt problem i den massmediala debatten

The Swedish stock-market gives investors an opportunity to benefit from the global growth while financing companies invests and contributes to a socio-economic development. Parallel to the ownership of the funds also follows a responsibility as companies in the funds affect society and the environment. The growth of savings in funds, combined with an increased focus on sustainability has developed SRI (socially responsible investment). Therefore it is interesting to examine whether responsibility is an exception, which only concerns SRI-funds or a general principle, which includes the whole Swedish stock-market.The results of the survey makes it clear that all the Swedish major banks actively works to integrate sustainability within the respective bank's business to achieve a more sustainable financial system. Thus concludes the investigation that responsible investments are a general principle on the Swedish mutual stock-market.How responsibility is integrated in fund management differ between the banks.

Värdering av lager i lantbruk : Går det att värdera ett växande lager?

Background: The valuation of growing crops is problematic partly due to weather conditions. 2011 showed that of all cultivated crops 42% were autumn sown which makes up a significant proportion of the total arable land in Sweden. This presented an opportunity to investigate more closely the methods and options used in the inventory valuation of biological assets. Problem: What options are there in the valuation of own-produced inventory specifically in the form of growing crops? Objective: This study's aim is to create an increased understanding of an agricultural company's options for inventory valuation of biological assets. In the survey of the options this study has found two main categories: rule-and principle-based accounting. Methods: A qualitative study with an abductive approach.

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