In 2016, the Colombian government and the FARC-EP guerilla signed a historic peace agreement. After decades of internal armed struggle, the two parties have settled on terms that, hopefully, will allow Colombia to transit from wartime to peacetime. A substantial part of the peace agreement centers on how to adjudicate previous wrong-doings and bring perpetrators of conflict-related crimes to justice. For this purpose, the parties have created a temporary court system called the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz (JEP)). There are several remarkable aspects of the JEP and its legal mandate. However, this thesis focuses on the court’s explicit gender-based approach (enfoque de género). Through applying an international legal feminist method, the thesis establishes how the JEP functions, and how it takes account of gendered aspects. As a second step, the JEP is evaluated in light of international standards. The author concludes that the gender-based approach is in line with international norms on gender and transitional justice. As to equal participation, the JEP has a gender-balanced bench of magistrates, and it has launched a victims’ protection program that expressly focuses on gender-based violence. Furthermore, the JEP has incorporated procedural guarantees to prevent the re- traumatization of victims and witnesses. Additionally, the amnesty provisions of the JEP avoid impunity for gender-based crimes. Nevertheless, there are aspects of the JEP that limit the reach of the gender- based approach. Firstly, the JEP will focus on conflict-related public violence, and it lacks jurisdiction over intra-family private violence. Secondly, the court tends to center its attention on sexual violence and does not grant other forms of gender- based violence the same attention. However, these limitations are not unique for the JEP, and similar issues are found in international standards.

Magister Legum - LLM / In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.

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The overall aim of this licentiate thesis is to increase our knowledge about the division of labor in the work with children in need of special support in preschools as described by the occupational groups of preschool teachers and special educational needs coordinators (SENCOs). This is explored in two separate studies. In the first study, the tasks, perceptions, and roles of SENCOs in preschools are examined. The study is part of a total population study where all SENCOs in Sweden (n = 4252) who were examined by the examination acts of the years 2001, 2007, and 2008 were sent a questionnaire. In a later phase of the procedure, the responses from SENCOs who work in preschools were extracted from the survey. These responses were analysed in Study I involving 523 participants. The results show that SENCOs’ working hours are primarily spent on consultation. SENCOs further report that they are able to influence their colleagues’ views on children's difficulties to a high degree. Most SENCOs in the study believe that the most important reason why children encounter difficulties in preschools is that preschools are poorly adapted to deal with children's differences. The results of this study are theoretically interpreted on the basis of Abbott's (1988) reasoning about jurisdictional control. Persson's (1998) two perspectives on different ways of understanding children's difficulties, namely a categorical and a relational perspective, are also used to interpret the results. Study II analyses how preschool teachers describe which occupational group claims jurisdiction over the work with children in need of special support. The data consist of interviews with 15 preschool teachers. The analysis of the data is based on Abbott's (1988) division of professional work into three aspects: a) formulating a problem, b) reasoning about the problem, and c) treating the problem. The results show that the area where preschool teachers claim jurisdictional control is related to the formulation of the problem. Preschool teachers do not, on the other hand, seem to claim jurisdictional control over the part of professional work that concerns reasoning about the problem. The results show a contradictory image of the treatment of the problem. Preschool teachers sometimes describe themselves as claiming jurisdictional control over treatment and other times describe how SENCOs have jurisdiction over the treatment of the problem. In the licentiate thesis, Abbott's (1988) reasoning about jurisdiction of occupational groups and Persson's (1998) categorical and relational perspectives for understanding children's difficulties are brought together and put in relation to different perspectives on inclusion.

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Areas beyond national jurisdiction or the high seas are vital areas for biodiversity and marine resources in our oceans, yet the protection and conservation of this global resource is insufficient due to absence of international agreement concerning the matter. Therefore, the new Biodiversity Beyond National Jurisdiction (BBNJ) agreement was recently agreed upon, with the objective of ensuring protection for these resources.This study endeavours to assess the applicability of Ostrom's and Stern'sprinciples, as the theoretical frameworks for sustainable governance of global commons, on the BBNJ agreement. By employing deductive reasoning, this study compares and contrasts the principles proposed by Ostrom and Stern, using them as lenses to examine the agreement. As a case study, this research investigates the utilization of international agreements as integral components of international law for the governance of shared resources. Conducted as a qualitative desk study, the analysis involved scrutinizing the BBNJ agreement to identify keywords and themes associated with eachprinciple. The study’s findings reveal that Ostrom's and Stern's principles exhibit varying degrees of applicability. Despite sharing certain similarities, they embody distinct foundational approaches, with Stern's principles demonstrating better applicability to the governance of global commons. The study suggests that the BBNJ agreement holds the potential to govern the global commons in a sustainable manner.

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Since the signing of their Final Agreement and Self-Government Agreement in 2003, Kluane Fist Nation (KFN), located primarily in the southwestern Yukon, has been navigating their post-settlement realities as an autonomous self-governing First Nation. According to the Canadian state, these Agreements intended to achieve certainty for all Parties, including certainty over jurisdiction, and KFN's ability to govern their own land and peoples. Two decades into the implementation of their Agreements, I ask, what has been achieved in actuality? In partnership with Kluane First Nation, this research sought to produce results KFN desired and found valuable. As such, it explores KFN's chosen topic of Traditional Leases, alongside essential entwined elements such as KFN's enactment of value, their navigation of uncertain and precarious land claim legislation as techniques of jurisdiction and territoriality, and taking control of research within their Traditional Territory. This exploration stems from our research partnership, my ethical commitments to KFN, and research's methods and methodologies. I argue that in their work with researchers, and their policies and practices on the land, KFN is enacting their vision for a meaningful and good life, within ongoing settler-colonial attempts to maintain control. KFN is engaging in and enacting what they find valuable in their use of their land despite ever-increasing obstacles, and often in ways which remain invisible to the settler-state.

Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.

El presente artículo científico tiene como objetivo establecer los criterios para considerar la obligatoriedad de la aplicación de la jurisdicción comunal a los hechos que originan responsabilidad civil en la jurisdicción del Poder Judicial en el Perú. A través de la metodología cualitativa, se utilizó la técnica del fichaje, la revisión documental y el análisis de datos; entre los instrumentos, las fichas textuales, de resumen y el análisis documental. A partir de ello, se obtuvo que, a las Comunidades Campesinas, Nativas y Rondas Campesinas, les corresponde la aplicación de la facultad jurisdiccional regulada por el art. 149 de la Constitución Política, respaldada a nivel nacional e internacional por la legislación, jurisprudencia y doctrina; lo cual, surte efectos trascendentales para la vida comunal. Además, la realidad sociocultural denota necesaria su intervención y el ejercicio de la función jurisdiccional frente a los hechos acontecidos dentro del perímetro comunal, por la inacción del Estado e insuficiencia administrativa de sus autoridades. De tal forma que, si el recorrido histórico de nuestro país exige velar por una cultura de integridad en las zonas rurales, se debe establecer criterios de obligatoriedad como hilos conductores de la justicia para resolver conflictos que originan responsabilidad civil dentro de la comunidad, aunando que dentro de sus facultades están las de conciliar, garantizar el complimiento de los deberes de los miembros comuneros e intervenir en la solución pacífica de los conflictos. / The purpose of this scientific article is to establish the criteria to consider the mandatory application of the communal jurisdiction to the facts that originate civil liability in the jurisdiction of the Judicial Power in Peru. Through the qualitative methodology, the technique of the fichaje, documentary review and data analysis was used; among the instruments, the textual and summary cards and documentary analysis. From this, it was obtained that the Peasant Communities, Native Communities and Peasant Patrols have the application of the jurisdictional power regulated by art. 149 of the Political Constitution, supported at national and international level by legislation, jurisprudence and doctrine; which has transcendental effects for communal life. In addition, the socio-cultural reality denotes the need for its intervention and the exercise of the jurisdictional function in the face of the facts occurred within the communal perimeter, due to the inaction of the State and the administrative insufficiency of its authorities. In such a way that, if the historical path of our country demands to watch over a culture of integrity in rural areas, it is necessary to establish criteria of obligatory nature as the guiding threads of justice to solve conflicts that originate civil responsibility within the community, adding that within its faculties are those of conciliating, guaranteeing the fulfillment of the duties of the community members and intervening in the peaceful solution of the conflicts.