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10918 Uppsatser om Principle-based rules - Sida 3 av 728

Demokratins avgränsningsproblem : En kritik av det kosmopolitiska demokratiidealet

The aim of this paper is to examine whether the theory of cosmopolitan democracy provides a satisfactory solution to the boundary problem in democratic theory. I argue that David Held's version of cosmopolitan democracy rests on two incompatibleprinciples: the all-affected principle and the all-inclusive principle. However, the theory does not need to presuppose both these principles; it requires only one of them.Furthermore, I try to show that both of these principles fail to provide an adequate solution to the boundary problem. The all-inclusive principle suggests that all citizens of the world should be included in a global democratic unit. I argue that such an ideal is not desirable since it conflicts with the principle of subsidiarity and withdraws from regional political communities their sovereignty.

EU:s tjänstedirektiv - ursprungsprincipen eller destinationsprincipen?

The Vaxholm conflict was initiated when the Swedish Trade Union for Construction Workers shut down a construction site in order to prevent a Latvian construction company to build a school after the two parties had failed to agree upon a collective agreement in compliance with Swedish regulations. An emotional public debate followed that resulted in a discussion of the proposal for the Services Directive of the EU, based upon the country-of-origin principle. In this thesis we will analyze whether the country-of-origin principle or the country-of-destination principle is best suited to capture the gains-of-trade that the common market hoards and improve welfare within the EU. We conclude that the country-of-origin principle is the more apt of the two, though it leads to some short-run costs such as structural unemployment. But these will be more than outweighed by the gains in aggregate welfare for the EU in the long run..

"Jag letar efter tjuven så letar du kapsyler" : En undersökning om vad barn kan lära sig genom pedagogiska dataspel i förskolan

This thesis treats the extended Swedish rules regarding deduction limitations on interest. The purpose for this thesis is to investigate whether the interest deduction limitation rules have potential to protect the Swedish tax base. The thesis also assesses whether the options presented how the extended rules could look liked had been better to protect the Swedish tax base. Furthermore thin capitalizations rules have been evaluated if this is a better method to protect the Swedish tax base.In 2009 the Swedish deduction limitations rules on interest came in to force to protect the Swedish tax base. Despite these rules companies was still able to avoid Swedish tax and therefore threatened the Swedish tax base.

Turordningsreglernas vara eller icke vara

AbstractThe purpose of this essay is to investigate the priority rules in the event of termination due to redundancy, the rules functions according to the Swedish labour market and which other alternatives that exist besides the priority rules. The alternatives to the priority rules which are introduced in the essay are the Danish Flexicurity-model and a proposal from the Långtidsutredningen 2011. The rule of priority is a very controversial law at the Swedish labour market, which makes the essay also describing the criticism against the rules. The criticism that the essay presents claims that the rules of priority contribute to immobility effects for particularly older employees. Further on the essay presents the criticism towards the rules, that they disadvantage young employees on the labour market.  The essay investigates also what the researchers say about the criticism.The results that are presented in the essay points to the fact that the rules of priority contributes to the immobility effects of employees but the rules can not be claimed to be the only reason.

Undantagande av handlingar vid Skatteverkets revision

AbstractThe tax authority has an obligation to ensure that all tax cases are adequately investigated according to 40:1 SFL. In order to fulfill this obligation the tax authority has a number of investigation options. The most common form of investigation is so- called desktop investigations, which means that the tax authority will send written inquiries or injunctions to taxpayers. The most intrusive and resource-intensive form of investigation is audit. The general rule is that the tax authority?s auditor may examine all accounting records and other documents related to the business.

Lagval för förrsäkringsavtal : särskilt utrymmet för partsautonomi

The globalization and the realization of a European common insurance market have increased the importance of cross border insurance contracts. Despite that, a gathered set of rules regulating cross border insurance contracts does not exist. The sets of rules within Private International Law which arises today when determining the applicable law regarding cross border insurance contracts are the law of 1993 on applicable law to certain insurance contracts (the law of 1993) and the law of 1998 on applicable law to contractual obligations (Rome Convention). Since the Rome Convention is the only Community instrument which still is in the form of a treaty, work has been done in order to convert it into a regulation, called the Rome-I-regulation. Therefore, the future Rome I-regulation is of importance for the thesis as well since it most likely will replace the Rome Convention.Swedish law is based on the principle of party autonomy, which means that the contracting parties have the right to freely agree on the content of the contract, including the choice of law.

Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna

The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise.  These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..

Allmänna rättsprincipers framväxt och påverkan inom EU - En uppsats om principerna med fokus på proportionalitet, rätten till försvar och offentlighet

General principles of law can be defined as a legal foundation with the function of codifying basic values. They can also be of a character, which makes them useful as supplement and interpretation of law. EU has developed principles of law that can be divided into general and special. Within the Union there are existences of around twenty general ones. A further separation can be made in terms of institutional and individual.

Allmänna rättsprincipers framväxt och påverkan inom EU - En uppsats om principerna med fokus på proportionalitet, rätten till försvar och offentlighet

General principles of law can be defined as a legal foundation with the function of codifying basic values. They can also be of a character, which makes them useful as supplement and interpretation of law. EU has developed principles of law that can be divided into general and special. Within the Union there are existences of around twenty general ones. A further separation can be made in terms of institutional and individual.

Ett steg framåt, två steg bakåt? Direktiv 2005/29/EG:s effekt på det svenska konsumentskyddet inom marknadsrätten

På EU:s inre marknad ska fri rörlighet råda. Trots det tvekar konsumenter inför att handla över gränserna. Många konsumenter känner en osäkerhet inför andra länders lagar och oroas över att skyddet mot ohederliga näringsidkare inte är det samma som i deras eget land. Denna osäkerhet undergräver den inre marknaden. För att motverka denna osäkerhet har EU antagit direktiv 2005/29/EG om otillbörliga affärsmetoder.

Livförsäkringar och efterarv

In recent decades, demands has emerged that the companies shall take a greater social responsibility for the impact that they have on their environment and that this impact shall be reported, which is known as Sustainability Reporting. The Sustainability Report is based on a number of general principles that ensure the content and the quality of the Sustainability Report. One of these principles is the principle of completeness. In the research, this principle seems to have been interpreted in terms of number of reported aspects and indicators, which can be a limited view where only the existence of the aspects and indicators is observed. By including the degree of the reporting in terms of full, partial and no reporting as well as a comparison between the real and the alleged reporting, our intention is to extend the principle of completeness and to develop a tool that we also apply through an empirical survey in a particular area.

Att ställa den skyddsbehövande inför rätta : Om de rättsliga förutsättningarna för att förhindra skyddslöshet vid tillämpningen av Flyktingkonventionens uteslutandeklausuler och samtidigt motverka straffrihet för de grova folkrättsbrott som faller under k

The purpose of this study has been to investigate the prospects for identifying and prosecuting individuals suspected of war crimes, within the process of exclusion from refugee status under article 1F(a) of the 1951 Refugee Convention, and using subsequent mechanisms for extradition or prosecution in international criminal law. A number of principles within human rights law and public international law have been advocated by the UNCHR and several human rights NGOs as necessary for a thorough application of the exclusion clauses; one that takes individual responsibility into account and upholds the aims and purposes of the exclusion clauses. There is a discussion as to whether specialised or accelerated exclusion procedures are justified for reasons of security and efficiency, or if they put the rights of the individual at risk and limit the opportunities for gathering information to support investigation and prosecution of the crime in question. Apart from the instruments of asylum law and procedure that have emerged within the EU harmonisation process, there are no general, binding rules on the procedural aspects of the exclusion clauses. One principle that regulates the consequences for the individual of exclusion from refugee status and decisions on extradition is, however, the principle of non-refoulement.

Filmkatalogisering: en behovs- och regelanalys

The aim of this thesis is to examine the characteristics of film cataloguing, and to compare general as in library use and specific as in archival use cataloguing rules. Most rules, both in archives and libraries, use the book as a point of reference. This is somewhat unfortunate on account of the great difference between books and films. The method used is studies of literature and qualitative interviews with three persons whose professional duties include cataloguing of films. The sets of rules which are studied are Katalogiseringsregler för svenska bibliotek KRS and The FIAF Cataloguing Rules for Film Archives.

Amerikanska på svenska : En kommenterad översättning av ett utdrag ur Bill Brysons populärvetenskapliga språkhistoria Made in America

This thesis comprises a translation from English to Swedish followed by a commentary. The source text (ST) of the translation consists of the second chapter of Made in America (1998), a popularised language history by Bill Bryson. The commentary includes an analysis of the ST and the target text (TT), as well as a discussion of the translation process as a whole, and of the translation strategies applied in order to solve the translation problems of the ST. The theoretical framework of the thesis is based on Toury?s notion of norms (1995), from which the following principle for translating is conceived: to transfer the ST information as faithfully as possible but with the modifications necessary to accommodate the source language competence level of the TT readers, which is estimated to be relatively low.

"'Jag tycker såhär och då är det såhär.' Det är inte så." : En kvalitativ intervjustudie om lärares interaktionsstrategier i bemötandet av rasistiska, avvikande och kontroversiella uppfattningar

The purpose of this study is to investigate how six students at a Secondary School describes interaction patterns among teachers when students express in a way that the teacher perceives as racist and/or xenophobic, by presenting a qualitative interview study. The interviews were analyzed by two opposing models of value education: the traditional and the constructive model.The results show that students divide teachers in different categories based on five qualities: 1) they listening, 2) they accept students' opinions, 3) they allow discussion, 4) they are knowledgeable and 5) they can express their own opinions.These qualities are included in the value pedagogical model for deliberative conversations, whose strategies for interaction aim to create an understanding of different rules and values, thereby creating skills of rules by using a democratic approach. In contrast to this model, the rule-based moral education, in which the teacher uses his authority and refers to rules without giving an explanation for why they occurred, as strategies. .

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