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.
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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.
In: Chakiñan: revista de ciencias sociales y humanidades, Heft 1, S. 78-92
ISSN: 2550-6722
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.
This study in contemporary history describes the transformation of the public sphere in Sweden during the period 1969-1999, and analyses the role of information technology and politics in the process. The overall aim of the study is to explain how, and why, the public sphere in Jürgen Habermas sense has deteriorated during a period of rapid technological and political change, when increasing attention has been given to information technology as a new tool for improving democracy and empowering citizens. Theoretical inspiration is drawn from two perspectives within the modern history of technology and sociology of technology; the LTS (Large Technical Systems) and STS (Science, Technology and Society) approaches, as well as from the regime theory concept within political science. This multidisciplinary framework provides the theoretical basis for the study, including terms as socio-technical systems, system builder, technification, interpretative flexibility, stabilization, closing and regime change. In addition, the analysis draws upon previous research in economic history, where focus often has been on the important role of institutions. The term path dependence is central in this tradition. The starting point for the study is the process of a mutual legitimization between citizens and political actors that traditionally has taken place within the public sphere. In return for citizens support and trust, political actors have granted format rights to the public space. Two aspects of this interdependence are addressed: Freedom of speech and citizen's access to public information, and their access to arenas where an exchange of political ideas and opinions is taking place. In the study, the former is a question of the legal system and the limits to freedom of speech in new medias such as the Internet, while the latter concerns citizen's technical means and possibilities to connect to electronic networks. Research interest is concentrated on the formal political system, focusing both actors and structural factors such as technological development, media convergence, ideological change and international integration in the transformation process. Four case studies of institutional changes during formative moments, within what is defined as the legal and the technical infrastructures, are conducted and represent the empirical base of the thesis. The case studies are centered on Swedish governmental commissions, on the government itself and on proceedings in the parliament, and concerns formation and transformation of computer law, as well as the deregulation and privatization of the technical infrastructure. In the latter process Televerket (Swedish Telecom) has been an influential promoter of competition and institutional separation between tele- and data communications, representing a major regime change in favour of market relations in the technical infrastructure. In the area of computer law, the Swedish regime dominated by SCB (Statistics Sweden) was incorporated into a joint European data protection regime, resulting in limitations of freedom of speech on the Internet. These regime changes have also transformed the role of the state, constituting a "net watchers state". Another important finding is that promotion of democracy and improvement of access to the public sphere, never was on the agenda in the political transformation processes studied, although a parallel discourse on democracy and information technology existed throughout the period studied.
In recent years, ideas of conscience and the liberty of conscience have become ever more salient in public discourse. Historically, these concepts have been used to mark out a certain scope of freedom and protection in moral, political and legal conflicts. In our time, individual conscience is frequently used to legitimate objections to, for instance, military service and medical interventions like abortion and vaccination. So too in Sweden – a country widely described as one of the most modern and secularized societies in the world. In this volume, a group of researchers in history, human rights, law, ethics and sociology of religion address some of the most central issues around conscience and the liberty of conscience in Sweden from the middle ages to the present. By situating conscience and liberty in wider intellectual, social and political settings, the essays provide alternative ways of thinking about the most intractable problems surrounding these concepts – the relationship between law and morality, the tension between individual and collective freedom, as well as the role of religion in public affairs. This volume will create new avenues of research for scholars and students interested in challenges related to conscience and liberty: both those in ethics, politics and law seeking a historical perspective, and those in history who want to tie their studies to the present.
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.
Key Points • Understanding the impacts of SDG 16 on forests and people requires attention to the power dynamics that shape how all 17 SDGs are interpreted and implemented across the Global North and South. • As SDGs were agreed upon by nation states, SDG 16 places a strong emphasis on state power and the rule of law. • Yet inclusive governance requires the involvement of diverse actors, and consideration for customary laws and other non-state forms of rulemaking at global to local scales. • Many national laws governing forests and land use favour political elite, large-scale industry actors and international trade. • The development and strengthening of legal frameworks that support all of the SDGs – including those relevant to human rights, income inequalities, land tenure, gender and environmental protection – requires equal or greater priority than law enforcement. Otherwise, law enforcement will reinforce inequities and unsustainable practices. • SDG 16 provides an opportunity to overcome the stereotypes of the Global North as the referential role model for peace and democracy, by highlighting the role of the North in fostering market inequalities and global conflicts, and drawing attention to barriers to democratic and inclusive participation within the Global North. • How transparency, accountability and justice are conceived and prioritised shapes their impact on forests, as well as the degree to which their achievement either empowers forest-dependent peoples or excludes them from meaningful and informed engagement.
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.
Servants were for a long time the dominant form of labour in Sweden. To serve, at a farm or at a manor, was ever since the thirteenth century the most common way to make a living, since poor people could by law be forced to accept work for a master. Service hence replaced thraldom in Sweden. In From slaves to servants, historian Martin Andersson explains how the regulations of the servants' lives were gradually sharpened. Labourers had to become servants under the threats of punishment and forced conscription into the army. Wages were legally reduced, while other forms of making a living were blocked. The master's right to use physical violence was increased, while the servant's duty to obey was expanded. By the end of the sixteenth century, most farmhands and maids worked at manors or for the richest of the peasantry. They had consequently minimal chances of themselves becoming masters. Through studies of a rich material of regional law codes, court records, fine registers, royal letters and manuals for manor owners, the historian paints a rich picture of the daily lives of servants – a life formed by legal uncertainty, coercion, and poverty.
In: Chakiñan: revista de ciencias sociales y humanidades, Heft 20, S. 41-57
ISSN: 2550-6722
El objetivo del presente artículo es realizar un análisis comparativo de las características de la carrera docente en los sistemas universitarios públicos de Ecuador y Argentina; investigación cuyo enfoque es predominantemente cualitativo, al enmarcarse en la disciplina de la legislación educativa, y metodológicamente asume el método comparativo tomando como base de estudio las regulaciones políticas y normativas. Este propósito se materializa: en primer lugar, con una mirada al significado de la profesión docente (en general y específicamente, en ambos países) y en segundo, a través de un planteamiento de características que intervienen en la organización, la estructura, el marco legal, reglamentos y procesos del sistema universitario; que permiten analizar descriptivamente sobre el acceso a la carrera, la tipología, la promoción y remuneraciones del profesorado. Finalmente, se destacan las diferencias y semejanzas que ambos sistemas poseen entre sí, donde son mayoritarias las coincidencias que facilitan la construcción reflexiva conducente a mejorar los sistemas de carrera del personal académico, con una sinergia de la sostenibilidad financiera y la garantía de los derechos laborales, en procura de la calidad educativa.
Because of population clustering, it is increasingly difficult for the rural poor to access land in Zambia. Such a clustered space is along the line-of-rail, where more people are looking to make use of land. Simultaneously, in a country where multiple political authorities can perform recognition of land, people also have to balance and navigate within this pluralistic political landscape to enjoy secure access and use of land. As such, property has the potential to improve security and create legitimacy to land. Within 100 yards along the railway, land is in administrative limbo due to the lack of effective control by its legal owner, the state. This thesis investigates the property production in land occupied by rural people along the railway in Southern Province, Zambia, through ethnographic and interview-based fieldwork. With a widened understanding of property that goes beyond juridical interpretations inseparable from law, I show how property making abandons formalised scripts, and instead is performed through contextual and localised orders. Occupants of land along the railway put labour and material investments into the land to reinforce legitimacy, both among each other as well as when facing political authority. With the state as formal owners of railway land, chiefs and headmen (i.e. customary authority) get squeezed by engaging in administering the land since it is outside of their legal jurisdiction. At the same time, state authority also administers and recognizes land, albeit implicitly, when maintenance workers survey the railway tracks. I conclude that these findings together create a whole greater than the sum of its parts of how property production can take place on land in limbo.
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.
During the 2000s, Sweden has pursued an active foreign and security policy. This has meant participation in several international military operations and has left many Swedish soldiers and officers with combat experience. Thus, the Swedish parliament decided in 2010 on a political reform of the veterans area, with more extensive societal support, war decorations to express the government recognition of personal sacrifices made in the service and a new medal for courage in combat. Considered as a reward system, it functions as an immaterial and emotionally established incentive, in contrast to the financial and bonus reward systems that are otherwise common. From a governance perspective, this setting is fundamentally interesting. The complexity of military operations and the demands for efficiency in armed combat are in contrast with the democratic state's need to guarantee the rule of law, even from a distance and under difficult conditions. Traditional government is not sufficient because the situation is characterized by high contextual uncertainty and therefore requires more situational adaptive control. Organizing in a professional model implies autonomy for military officials, and this means that there is a form of gap in terms of civilian control. In the dissertation, a concept and an analytical model are formulated to understand this phenomenon, entitled soft norm governance, that also form one of the main results. The model combines four levels of analysis to describe the dynamics of the steering mix: organizational metagovernance, rule control, policy work and professional ethics. One conclusion is that professional ethics has a two-way function in the chain of implementation steering, both as a decisive factor for concrete decision-making, but also as an objective for the government's soft norm governance. Thus, this control gap does not mean absence of control, but that other value-based norm systems govern our actions. In this way, soft norm governance also reaches beyond the scope of the law. The theoretical framework is metagovernance, the idea that the modern state is steering at a distance and with subtle methods, such as by organizational measures. It opens for the importance of soft law, social norms and ethics in governmental steering. The case study of the veterans policy and medal of courage contributes empirically to the specification of these theories. Furthermore, new institutionalism adds an explanatory value with a rationality of action for the officials, a so-called logic of appropriateness based on the professional role and on adaptation to the situation at hand and to applicable rules. Theoretically, the thesis contributes by supplementing with a logic of values, which takes into account the profession's ethical and moral rationality of action, which is particularly important in situations such as armed conflict. The methodological approach combines a structural statistical perspective with a qualitative and understanding-oriented perspective and can, with the support of the analytical model, illuminate both pattern and function. The material base is a total selection from the medal preparation of eight contingents in Afghanistan during the years 2008-2012, i.e. FS16-FS23. It consists of the archive material from the nominations as well as in-depth interviews with responsible commanders at the international units and at the national headquarters, including the Commander-in-Chief.