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571 Uppsatser om The principle of distinction - Sida 10 av 39

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.

Dokumentationskrav vid internprissättning : En analys av lagförslagen till svenska dokumentationsregler i propositionen 2005/06:169

According to the arm?s length principle, transactions between associated multinational en-terprises (MNE) shall be based on the same conditions as transactions between unrelated parties. This means that intra-group prices on cross-boarding transactions must be at arm?s length range and consistent with conditions in the open market. The arm?s length principle is expressed in article 9.1 of the OECD Model Tax Convention and Chapter 14 section 19 of the Swedish Income Tax Act.When transfer pricing between associated MNEs is not reflecting the arm?s length princi-ple, states face the possibility of losing tax revenue.

Vinnarskallar och träningsnarkomaner : Kroppsideal, drivkrafter för träning och social positionering bland högaktiva idrottare

AbstractThe purpose of this essay is to discover the driving forces in top athletes, concerning training, body image and social positioning. Furthermore the object is to study how important being fit is for social reasons in today?s society. The athletes have been interviewed face-to-face and described their personal drive regarding training, their goals and the significance of the sport. They have also described how they see the image of the ideal body that currently exists within the field of sport and society and how training affects their own body image.

?Ett mångkulturalistiskt jippo? : En kvalitativ studie av Sverigedemokraternas relation till religion och den svenska identiteten

The rise of the Swedish Democrats, as a political party in Sweden, has been surroundedby controversy both within and outside of the media. As such a polarizingtopic, the party has been the focus of negative and positive attention. On onehand it has been considered a racist and xenophobic party due to its policies onimmigrants. On the other, it has also been seen as a solution to what has been consideredby some to be a constant problem in Sweden, for those same policies.These policies are motivated by what the party perceives as a threat to Swedishsociety. That is to say, immigrants are a threat to Sweden because of thechanges they impose on the Swedish identity.

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.

Fördelning av en medgäldenärs brist : Förhållandet mellan 2 § skuldebrevslagen och 9 § preskriptionslagen

AbstractValue Added Tax, VAT, is a general consumption tax that is added to almost all consumption of goods and services. Despite the extensive work of harmonization of the VAT system relating to electronic services, it can be difficulties in determining the taxable land, something that could affect the internal market in a negative way. The Swedish companyStardollABwas double taxed on certain electronic services that they provided consumers in theUK. The problems that lead to double taxation must be identified to ensure free competition and free movement within the internal market. The principle of neutrality pervades the whole of the EU VAT system which can be derived from principles of the Treaty, establishing the common market, and the introduction of the VAT Directive.

Skillnader i variation : Lärares uppfattningar av variationsteori och hur variationsteorin blir en guidande princip

The gap between practise and theory is often described in negative words in teachers? professional lives. Learning study is a model for teachers´ professional development where a theoretical framework is used to enhance practice. The theoretical framework used by teachers in learning study is variation theory. In this study the research object is variation theory and the aim is to present how variation theory becomes a guiding principle to understand teaching and learning processes.

Mervärdesbeskattning av elektroniska tjänster : Är beskattningen förenlig med neutralitetsprincipen?

AbstractValue Added Tax, VAT, is a general consumption tax that is added to almost all consumption of goods and services. Despite the extensive work of harmonization of the VAT system relating to electronic services, it can be difficulties in determining the taxable land, something that could affect the internal market in a negative way. The Swedish companyStardollABwas double taxed on certain electronic services that they provided consumers in theUK. The problems that lead to double taxation must be identified to ensure free competition and free movement within the internal market. The principle of neutrality pervades the whole of the EU VAT system which can be derived from principles of the Treaty, establishing the common market, and the introduction of the VAT Directive.

E=(motion)2 : Mellan rörelse och dans

Mainstream contemporary phenomenology understands the phenomenology of movement and dance through ?the lived body? of Merleau-Ponty. This paper rather suggests a phenomenology of movement and dance based on an understanding through ?the danced body? with ability to meta-feeling. It is here argued that we need to use a phenomenology of dance to understand the phenomenon of movement whatsoever.

The Legal Significance of Sustainable Development in EC Law

In June 2006 the Council of the European Union agreed on the review of the EU sustainable development strategy. This renewed strategy voices a commitment to sustainable development that includes a diverse list of safeguarded interests. Sustainability is to be attained in the spheres of democracy, solidarity, the rule of law, gender equality and at the same time it should promote a dynamic economy. Given this multifunctional application of sustainable development, curiosity may soon give rise to questions such as; What is the legal significance of the concept? Is it to be considered a general principle of Community law? And can it be used as an instrument in adjudication and legal reasoning? Anyone who looks deeper into the concept of sustainable development is soon to find a labyrinthine complex of ideas, expressions and opinions.

Lever 80-talister som de lär - en studie av 80-talistchefer på Swedbank

Few generations have gotten as much media attention as Generation Y. Growing up in the digital age Generation Y has become very different from previous generations. An interesting topic is if this is reflected in the way Generation Y act as leaders. The purpose of this study is to describe what kind of leadership Generation Y prefers, to explore how individuals belonging to Generation Y act as leaders and finally to investigate if there is a discrepancy between these two perspectives and if so try to understand it. By reviewing existing research and conducting depth interviews with employees and managers at a Swedish bank we recognize preferences in a number of categories, which Generation Y require from leaders.

Metaforer : När ordet betraktas som metafor

The metaphor has been among us since a very long time, but despite over 1.000 years of reflection it is still uncertain how one should understand the concept. There are few, if any, doubts how to understand the definition of metaphor, but is it possible to find a real distinction between the metaphorical and the non-metaphorical? In this essay I seek an answer to when a metaphor is a metaphor or when it is instead a generally accepted concept of how something actually is. I will use previous research on the topic from Aristotle, Friedrich Nietzsche, Paul Ricoeur and George Lakoff and Mark Johnson. These persons have given me a wide perspective and approach to the metaphor ? and when a word should be considered as a metaphor or not.

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.

Minskning av produkter i arbete på Volvo powertrain

For Swedish companies to compete with low wage countries, developments in theproduction industry moved towards streamlining the entire company. One of themost effective ways for a company to streamline their operations is to review theirproduction. All companies have processes in their production that add no value tothe product. In order to compete, they must be eliminated.The purpose of this report is to reduce work in process (WIP) in the flow ofbashus at Volvo Powertrain in Köping. The aim is also to try to find reasons whyVolvo Powertrain feel that they have problems with the storage principle First in-First Out (FIFO).To meet the objective, empirical studies were conducted at the company whilethe literature in the area was studied.

Skatterättslig genomsyn : tillämplig eller inte

För att förhindra att skattskyldiga utnyttjar lagstiftningen på ett sätt som lagstiftaren inte avsett används stopp- och speciallagstiftning. Då detta förfarande alltid ligger  steget efter, lagstiftades det om en generalklausul mot skatteflykt.Legalitetsprincipen kommer även till uttryck inom skatterätten, ingen skatt utan lag. Detta upprätthåller rättsäkerheten och leder till att skattskyldiga kan förutse de skatterättsliga konsekvenserna av olika rättshandlingar.Generalklausulen har ansetts vara svår att tillämpa vilket lett till att det genom praxis framkommit principer om genomsyn. Skatteverket verkar vara av den uppfattningen att det finns en skatterättslig genomsynsmetod. Denna metod förbiser de civilrättsligt giltiga avtalen och ser till den ekonomiska innebörden och beskattar förfarandet därefter.

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