Suchergebnisse

Scholarship in international law aims at addressing global forest governance comprehensively. This article reviews the recent contribution Global Forest Governance - Legal Concepts and Policy Trends by Rowena Maguire and puts it into the perspective of recent political and policy science research on global forests. While finding Maguire's volume being a very timely and valuable contribution to the interdisciplinary discussions on international forest governance, we identify some weaknesses which are mostly rooted in methodological critique and a lack of a systematic framework for analysis.

Preliminary Material /Jonas Grimheden and Rolf Ring -- Group Accommodation and the Challenges of Education: Multicultural or Intercultural or a Combination of the Two? /Asbjørn Eide -- The Importance of an Education in Human Rights /M. Arthur Diakité -- The Education of Police in Human Rights a Framework for Human Rights Programmes Forpolice /Ralph Crawshaw -- Human Rights Education in China /LI Baodong -- Human Rights Education and Research in China: the Contribution of the Raoul Wallenberg Institute /Sun Shiyan -- Human Rights Education in the Netherlands /Cees Flinterman and Stacey Nitchov -- The Protection of Civilian Educational Institutions During the Active Hostilities of International Armed Conflict in International Humanitarian Law /David a. G. Lewis -- The Self-reflective Human Rights Promoter /Jonas Grimheden -- Hugo Grotius and the Roots of Human Rights Law /Ove Bring -- Human Rights before International Criminal Courts /Vojin Dimitrijevic and Marko Milanovic -- Never Again? Rwanda and the World /Lennart Aspegren -- The Contested Notion of Freedom of Opinion /Herdís Thorgeirsdóttir -- From Protective Passports to Protected Entry Procedures? the Legacy of Raoul Wallenberg in the Contemporary Asylum Debate /Gregor Noll -- Implementing International Human Rights Law on Behalf of Asylum Seekers and Refugees: the Record of the Nordic Countries /Robin Lööf and Brian Gorlick -- The Legal Position of Asylum-seekers in Austria /Lauri Hannikainen -- Refugees in Swedish Private International Law /Michael Bogdan -- Civil Freedoms and Rights in the Swedish Constitution of 1974: the Process and the Rationale /Carl-Gustaf Andrén -- Various Interpretations of Human Rights for Women Challenges at United Nations Conferences /Elisabeth Gerle -- Implementation of International Conventions as a Socio­Legal Enterprise: Examples from the Convention on the Rights of the Child /Håkan Hydén -- List of Contributors /Jonas Grimheden and Rolf Ring.

Bristande jämställdhet mellan kvinnor och män och könsdiskriminerande praktiker har över tid fått alltmer uppmärksamhet. Kraven och förväntningarna på världens stater, inte minst de relativt sett så jämställda nordiska länderna, att åtgärda problemen är stora. Lagstiftning är ett medel som staterna har till sitt förfogande. Rättens betydelse, dess möjligheter och tillkortakommanden i relation till ojämställdhet och diskriminerande praktiker är temat för denna antologi. I nitton artiklar av danska, finska, norska och svenska forskare verksamma inom fältet kjønn og rett, diskuteras sambandet mellan kön och rätt under fyra aktuella teman, alla med förändring i fokus. De tre första rör förändringar i samhället och i rätten, såsom i förståelsen av kön och dess betydelse för rätten till jämställdhet och ickediskriminering, förändringar i välfärdsstaten och förändrade gränser mellan det offentliga och det privata. Det sista temat behandlar förändringar i forskningsfältet som sådant

This thesis aims to answer the questions; what and were does peer mediation fit into the theoretical and practical frameworks of mediation? How does peer mediation fit into the retributive legal system as it stands today? What problems can arise with the use of peer mediation, its organizations and with the use of adolescent peer mediators, in a legal perspective? When it comes to the question of where peer mediation has its theoretical framework the hypothesis in this thesis are that peer mediation, with respect to the practical framework, is a hybrid of the settlement driven mediation and the transformative mediation. The theoretical framework comes from the philosophy of restorative justice (RJ), primarily the victim-offender mediation in the sense that if peer mediation per se is not enough it has to bee a whole school approach for it to work. In RJ, the community is as important as the primarily parties, the offender and the offended. In school conflicts, the community is the whole school, and as such it has to bee the whole school that is involved in the conflict management program. The method used in this thesis is the traditional method of jurisprudence combined with two case studies. The first case study is the "Peer mediations Project" that in fact was the starting point for the research. The aim with this case study is too show how peer mediation can work in Sweden, both on an organizational and a practical level. In doing so it also highlights which legal questions that is relevant for this thesis. The second case study is the "Spice conflict". This case study aims to make researcher go deeper in the legal issues as well as to illuminate a school conflict and how it can progress. The fist chapter gives a background for peer mediation and the focus of this thesis, as well as the first contact with the two case studies. Chapter two gives a legal background for the thesis. Chapter three deals with conflict theory and chapter four with schools conflicts and the different programs there is to handle those conflicts. In chapter five the different mediations models are presented more in depth and discussed from at mediation perspective. Chapter six goes deeper into the second case study in an effort to resolve the legal issues that has arisen. In the last chapter there is a discussion which originates from the five Nordic principles of mediation, facilitative, peaceably, freely, confidently and restoratively, in conjunction whit mediation, conflict and legal theory.

This thesis deals with the question of how Swedish society responds when juveniles commit crimes. The focus is social work co-operating with the legal system and the interaction between these two. The aim of this study is to make visible/analyse factors that affect the choice between treatment and correction of juveniles in an emergency situation, when there is a necessity to choose between immediate preventative custody on the one hand, and detention on the other. This study analyses the selection through outcome patterns. Theoretically the base is six concepts; system/practice, and treatment/correction. Together they form a model where the actors (the social services/the police/the attorney/county administrative courts/district courts) on this juvenile field can be situated. The strategies of the actors' decision-making are implied by either norm-rational decision-making or goal-rational decision-making. Empirical data is studied through records of immediate custody and detention of juveniles aged 15-18 years old. The immediate denial of freedom represents, in the Swedish legislation, a process whereby social services and law enforcers meet and decide whether to treat or correct the juvenile. This selection is the focus of the empirical study of this thesis. In 1992, 1998 and 2003 a national overall survey was made of all juveniles aged 15-18 years that have been either in immediate custody or in detention or both. Documentation was obtained from the courts. The results show that the general denial of freedom of juveniles have increased greatly during the years 1992, 1998 and 2003, and especially from 1998 to 2003. Almost all of the acts concern boys, even though girls are making at break-through in 2003. There are differences between the groups that either have been in detention or in immediate custody in ways of "survey-year", "ethnic background", "age" and "categorising of crime". This study shows a large discrepancy between legislation and the legal practice.

El trabajo recoge una investigación reciente entre un grupo de empresarios y funcionarios empresariales en entidades cubanas (legales e ilegales), para determinar las características de la utilización de las Tecnologías de la información y las Comunicaciones (TIC) en sus funciones directivas. Se emplearon cuestionarios anónimos y entrevistas informales, como métodos de búsqueda de información y se visitaron sitios WEB donde aparecen informaciones relativas a la problemática analizada. En base a las informaciones acopiadas y a su análisis, se proponen un conjunto de acciones para mejorar la gerencia con el adecuado uso de las TIC.

In 1870, political science was established as an academic discipline, attached to history, at the Lund University. In 1877, a chair in history and political science was created. Twenty-five years later, it was transformed into a chair in political science and statistics. In 1926, that symbiosis was put to an end and political science was awarded a chair of its own. Pontus Fahlbeck, professor from 1889 to 1917, was a historian who developed into a social scientist with broad interests: political science, statistics, economics, and sociology. Several of his books were also published in foreign languages and he had many contacts with colleagues abroad, particularly in France and Germany. However, the critical period in the modernization of political science in Lund happened just after the middle of the 20th century, with Nils Stjernquist, holding the chair from 1951 to 1983, at helm. The dependence of history and legal science waned; the influence of social science, especially in its American version, increased. The result was a modern political science department with broad interests and worldwide contacts. References.

The oldest unit of land assessment in Sweden is the attung (lat. octonarius). It is first mentioned in written documents from the late 12th century. When, where and why it was introduced has been much discussed. In this study an investigation of documents mentioning the attung until 1376 is presented together with a statistical processing of data from an earlier work (Dovring 1947). The distribution of land assessed in this unit is restricted to the south-eastern part of the medieval Swedish kingdom. According to an evaluation of some records not discussed before in this context the taxation of real estates in attung units dates from the late 11th century. Most probably the original purpose of the taxation was to create an adequate base for the military levy system. Several indications show that the attung originally corresponded to one family's normal holding of land. The usefulness of the attung for other purposes was soon realised. Besides taxes it also became the base for tenant's land rent, tithes to a particular hospital, compensation for plowing of fallow fields but also for the subdivision of common fields on a pro rata basis. The right to an easement could also be connected to the attung. At the same time a subdivision of the attung unit in several fractions was created which facilitated the trading of landed property. A drastic fall in prices on real estates assessed in the attung unit is observable just after the Black Death. The overall conclusion is that the multi functionality of the attung was something that developed gradually in response to socio-legal ideas from the continent as well as progress in domestic agricultural technology, economy and society.

It may be challenging to see how illegal hunting, a crime that ostensibly proceeds as shoot, shovel and shut up in remote rural communities, at all communicates with the regime. Examining the socio-legal interplay between hunters and state regulation, however, clarifies illegal hunting to be part of a politically motivated pattern of dissent that signals hunters' disenfranchisement from the polity. While few contemporary illegal hunters cut conscientious figures like Robin Hood, their violation of illegitimate law may likewise testify to a profound disjuncture between legality and legitimacy. This is the premise taken in the following research. Here it is observed contemporary Swedish hunters experience the deliberative system pertaining to wildlife and wolf conservation to be systematically stacked against them and unable to serve as a site for critical law-making that provides equal uptake of all voices. One manifestation of their growing disenfranchisement is the establishment of a counterpublic mobilised on the basis of shared semantics for the sorts of deliberative deficits they argue befall them in the present. Within the remit of their counterpublic, hunters undertake and justify illegal hunting along with other forms of disengaging dissent like abstentions, non-compliance, boycotts and conscientious refusals with state agencies. The research captures hunters' dissent in Smith's deliberative disobedience, a deliberative and Habermasian grounded reinterpretation of the more familiar classical theory of civil disobedience. On this perspective, illegal hunting signals a deficit in the deliberative system, which hunters both bypass by taking an alternative conduit for contestation, and draw attention to when they undertake dissent. The dissent in this case study is deconstructed in terms of its grammar—as simultaneously engaging and disengaging with the premises of power—and in terms of its communicative content. Set within the field of Environmental Communication, the dissertation is intended as an empirical and theoretical contribution to a discussion on the boundaries of political dialogue in the context of civic disenfranchisement: it asks whether some of hunters' dissent may be parsed as a call for a more inclusive debate, or as dialogic acts in themselves. Finally, it presents ways toward short-term and longer-term reconciliation of hunters with the deliberative system, drawing on the work of contestatory citizen mini-publics from the third wave of deliberative democracy.

This report is based on information collected within the context of the study concerning Community Land Rights in Niassa Province in Mozambique, with special attention paid to the programme implemented by the Malonda Foundation. This programme is supported and financed by the Swedish Government and aims to promote private investment in the province while seeking, during the course of the process, to ensure equitable and beneficial social impact as an explicit objective, in particular for the local population. The study was commissioned by Sida (Swedish International Development Cooperation Agency) and the Swedish Embassy in Mozambique, as a contribution to the preparation of continued Swedish support to private sector development in Niassa Province. Provincial and local work was carried out during the period April 29th to may 22nd 2008. The team consisted of Gunilla Åkesson, team leader, from Sida's Helpdesk for Environmental Assessment, Sweden, and André Calengo, legal consultant, Mozambique. Christopher Tanner, FAO's advisor in Mozambique and specialist in the Mozambique Land Law participated as a technical advisor. During the field work the team was accompanied by staff from the Malonda programme: Célia Enusse and Francisco Pangaya, both from the Community Work Unit, Alexandre Chomar, Communications Officer and Belindo Manhiça, official from the Environment Programme.

This article deals with the allez and retour provisions (Claes 2005: 84 f) of the Swedish constitution in relation to IU membership. What are the rules governing the transfer of sovereignty to the Union? And what are the provisions for assessing the constitutionality of the incoming tide of Union law into the domestic legal order? I have three objects in this essay. First, to describe how these two groups of constitutional rules were actually modified in the 2010 revision of the 1974 Instrument of Government. 1 find that neither was changed in any material way. Second, to try to explain the apparent reluctance of the parties involved to clarify the constitutional implications of EU membership. I find that this reluctance is rooted in a belief that European integration is not furthered if the rules contained in the allez and retour provisions are made stricter and more precise. Third, to confront a question conspicuously omitted by the parties in their revision: namely, by what criterion should the allez. and retour provisions be intertwined, if an optimum of hi-level constitutionalism is to be achieved? I argue that, in the end, the underlying issue is whether Swedish citizens want to see the principle of free movement applied as widely as possible. Do they want this principle to be applied across the board? Or would they prefer instead to restrict its application to the case of capital and goods, thus leaving them free to structure the labour market and welfare state as they themselves see fit? Adapted from the source document.

Illegal hunting has constituted an expression of contested legitimacy of wildlife regulation across the world for centuries. In the following report, we critically engage with the state of the art on the illegal hunting phenomenon. We do so to reveal emerging scholarly perspectives on the crime. Specifically, we aim to capture the complexity of illegal hunting as a socio-political phenomenon rather than an economically motivated crime. To do so, we adopt a critical perspective that pays particular attention to the societal processes that contribute to the criminalization of historically accepted hunting practices. To capture perspectives on illegal hunting, fifteen researchers from various countries participated in an illegal hunting workshop in Copenhagen 16-17th June 2014. A primary contribution of the research workshop was to bring together criminologists, sociologists, anthropologists and geographers, each equipped with their own research perspective, to engage in a critical and interdisciplinary discussion on how to apprehend and constructively address the challenges of illegal hunting in contemporary society. A majority of those that attended were primarily based in the Nordic and the UK context, which motivated a strong focus on the illegal hunting that currently takes places in these countries. Similar trends of illegal hunting were identified across Europe, many of which traced from EU legislation on the reintroduction of large carnivores or other controversial wildlife conservation projects. In the workshop, proceedings took the form of individual presentations, plenary discussions and group work. Common themes that emerged from these presentations were: illegal hunting as communicating socio-political resistance; the targeting of specific species based on its symbolism or environmental history; illegal hunting as symptom of class struggles; the role of rewilding and domestication of nature on wildlife regulation; corruption, complicity and conflicts of loyalty in enforcement, and discrepancies and discontinuities in legality. These themes were framed in an understanding of illegal hunting as a complex, multifaceted expression that transgresses livelihood based motivation. Critical discussions conceptualised illegal hunting as a crime of dissent. This meant situating crimes as everyday forms of resistance against the regulatory regime. In so doing, the relationship between hunters and public authorities was highlighted as a potential source of disenfranchisement. In this interactionist perspective, illegal hunting tells us not just about the rationales of the offenders. It also elucidates the broader context in which non-compliance with regulation serves as symptoms of democratic and legitimacy deficits on the state level. Erratic transitions in legislation and a subsequent discord between legal, cultural and moral norms in society were identified as factors that contribute to the conflict. Crucially, the research workshop and the report contribute with three perspectives. First, it emphasizes the need to uncover the grey areas of complicity in wildlife crime. Previously corruption, bribery and selective law enforcement have been associated with wildlife trafficking in the global south, but this understanding is too blunt for the complicity that exists in many other contexts. Here conflicts of loyalty exist across several strata of society and differ in degrees. In highlighting this fact, we show a more opaque and contingent climate of complicity around illegal hunting in Northern Europe and elsewhere. Second, as crimes of dissent seeking to publicise injustices, illegal hunting and its associated resistance tactics are counterproductive by constituting a 'dialogue of the dead'. With this is mean that such communication is prone to distortion, misunderstanding and exaggeration and does no favors to hunters. There is consequently a need to move to a clarity of messages, as in institutionalised diogue processes. Third, hunting regulation cannot be seen in isolation to the broader differences in society in terms of values, economic factors and development. Research questions for future scholarship concluded the workshop and are summarized in the report. In terms of illuminating the junctures at which additional research is needed, these questions may provide important guidance. Above all, the report is intended as help for policy-makers, wildlife managers and law enforcement in better understanding and responding to the complexities of illegal hunting. We hope this will lead to more long-term preventative measures that address the core of the issue rather than proximate causes. The workshop was organized by the Environmental Communication Division of the Swedish University of Agricultural Sciences. The event constituted a part of the FORMAS funded research project Confronting challenges to political legitimacy of the natural resource management regulatory regime in Sweden - the case of illegal hunting in Sweden whose members include Erica von Essen, Dr. Hans Peter Hansen and Dr. Helena Nordström Källström from the Swedish University of Agricultural Sciences, Professor Tarla R. Peterson from Texas A&M University and Dr. Nils Peterson from North Carolina State University.