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Derivativ talan och Corporate Governance. En komparativ studie ur ett rättsekonomiskt perspektiv

The world is getting smaller. Global markets, political processes and communication technology bring people together. Even though many of these processes are dynamic and constructive, they have also resulted in a need for better and more effective ways of international conflict resolution. This thesis investigates central issues connected to the concept of humanitarian interventions in relation to current and future legislation of the European Union. The overall question is whether the rapid globalization process has resulted in a change of international law towards more liberal view where authorization of the security council is not always needed? And, if there has actually been such a liberalization, how does that affect the legal possibilities for the European Union to carry out armed operations without the consent of the global community?The conclusion of the thesis is that international law has been modified mainly in two aspects: First, the concept of sovereignty is no longer seen merely as a right of the nation, but also as a responsibility. Second, the definition of threats to international peace is now broader and now also includes development limited to a single country. The thesis also concludes that nothing in the treaty of the European Union or other internal documents requires the union to request authorization from the security council before initiating an intervention. In practice, it would be highly unlikely for the union to make such a decision since this has to be made with the direct or indirect consent of all member states.

Författare

Imra Staifo Barkarmo Liliana Staifo

Lärosäte och institution

Göteborgs universitet/Juridiska institutionen

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