The diploma thesis focused on bringing information about the current utilization of agreements on work performed outside employment, on analyzing their advantages and disadvantages, and up from employees as well as by employers

O objeto de estudo desta dissertação é a abrangência subjetiva da cláusula compromissória, especificamente daquela celebrada por sociedades pertencentes a grupos societários. O problema, ainda novo no Brasil devido ao desenvolvimento recente da arbitragem em nosso país, já foi objeto de muito debate na Europa e nos Estados Unidos, onde a arbitragem é usada há muitos anos como método alternativo de resolução de conflitos. No âmbito da arbitragem comercial internacional, consolidou-se, tanto na jurisprudência como na doutrina, a teoria da unidade econômica dos grupos societários. Ela reconhece a especificidade do problema que a presença de agrupamentos de sociedades suscita na arbitragem, devido, essencialmente, à dupla realidade que eles representam unidade diretiva e econômica e diversidade jurídica. Nesta dissertação, procuramos expor as bases sobre as quais essa teoria, consolidada na prática comercial internacional, se assenta. Se no Brasil o tema não foi suficientemente discutido, podemos aprender as lições daqueles que não só já debateram exaustivamente a questão como, também, parecem já ter encontrado uma solução, ainda que ela não seja indene de críticas e ainda mereça ser aperfeiçoada. De início, tentamos conceituar e caracterizar os grupos societários. Em seguida, fizemos um apanhado de casos emblemáticos da jurisprudência arbitral e estatal, de diversos países, que recorreram à teoria da unidade econômica do grupo. Nosso intuito foi verificar a solução conferida ao problema por aqueles que se depararam com ele no caso concreto. Depois, procuramos expor a visão da doutrina sobre a teoria da unidade econômica do grupo, para podermos concluir onde reside o problema central da questão. Ao fim, discutimos o possível obstáculo, apontado por alguns autores, à aplicação da teoria no Direito brasileiro. / The purpose of this paper is to discuss who are the parties to the arbitration agreement, especially regarding the convention executed by companies that form part of a group. The issue, still topical in Brazil due to the recent development of the arbitration in our country, has already been subject to much debate in Europe and in the United States, where arbitration has been used for years as an alternative dispute resolution method. In international arbitration, the group of companies theory has been restated, both within the legal authorities and in case law. Such theory acknowledges the specificity of the issue raised by the presence of groups of companies in arbitration, especially due to their dual characteristics managerial and economical unit and legal diversity. In this paper, we have sought to settle the basis over which such theory, already settled in the international commercial arbitration practice, is construed. Since in Brazil the subject hás been scarcely discussed, we may learn lessons from those who have not only exhaustively debated it but who also seem to have found a way to solve it, even if it is not immune to criticism and still ought to be improved. We have initially tried to clarify the notion and the characteristics of the groups of companies. We have subsequently gathered a number of illustrative arbitral and state case law, from different countries, which have made use of the group of companies theory. Our aim was to verify the solution given to the issue by those who have actually been faced with the problem. Then, we have tried to present the legal authoritys view on the group of companies theory in order to conclude where the issue is in fact centered. In the end, we have discussed a possible obstacle, which certain authors have raised, as to the application of the theory in the Brazilian Law.

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The aim of the thesis is to further explore the relationship between economic integration and firm mobility and investment, both from an empirical and a theoretical perspective, with the objective of drawing conclusions on how government policy can be used to strengthen the positive impact of integration on investment, which is crucial in moving and maintaining countries at the forefront of the technology frontier and accelerating economic growth in a world of rapid technical change and high mobility of ideas, goods, services, capital and labor. The first chapter aims to bring together the literature on economic integration, firm mobility and investment. It contains two sections: one dedicated to the literature on FDI and the second covering the literature on firm entry and exit, economic performance and economic and business regulation. In the second chapter I examine the relationship between the Single Market and FDI both in an intra-EU context and from outside the EU. The empirical results show that the impact of the Single Market on FDI differs substantially from one country to another. This finding may be due to the functioning of institutions. The third chapter studies the relationship between the level of external trade protection put into place by a Regional Integration Agreement(RIA)and the option of a firm from outside the RIA block to serve the RIA market through FDI rather than exports. I find that the level of external trade protection put in place by the RIA depends on the RIA country's capacity to benefit from FDI spillovers, the magnitude of set-up costs of building a plant in the RIA and on the amount of external trade protection erected by the country from outside the reigonal block with respect to the RIA. The fourth chapter studies how the firm entry and exit process is affected by product market reforms and regulations and impact macroeconomic performance. The results show that an increase in deregulation will lead to a rise in firm entry and exit. This in turn will especially affect macroeconomic performance as measured by output growth and labor productivity growth. The analysis done at the sector level shows that results can differ substantially across industries, which implies that deregulation policies should be conducted at the sector level, rather than at the global macroeconomic level.

Supporters of free trade argue that one of its benefits is to increase wellbeing and enhance respect for workers’ rights. Nevertheless, this will not happen unless concrete requirements concerning such protection are inserted within the actual agreements. This thesis argues that trade agreements should include labor provisions that provide effective protection for core labor rights and that those rights are enforced by the Parties. In the case of Taiwan, it has signed Free Trade Agreements (FTAs) with Panama, Nicaragua, Guatemala, El Salvador and Honduras; but only in the FTA with Nicaragua, a Labor Chapter (No. 18) has been introduced in the accord. It follows the United States- Dominican Republic- Central America Free Trade Agreement (CAFTA) design, and the signatories agree to enforce their own domestic labor laws and reaffirm their commitment to the internationally recognized labor rights. However, the language of the agreement is merely aspirational, directing Parties to strive to improve their laws, but providing no effective reward or sanction in this reward.

The reason for highlighting the difference between GATT and GATS is to focus on the impact of these agreements on the developing countries and in particular the latter will be the main focus of this paper. The economies and governments of the developing states are struggling to generate sustainable capitol growth and maintain financial stability to enhance economic growth. This is due to dictators who rule in such a manner to maintain power irrespective of the future economic viability of their state. Thus the environment for sustainable economic growth is wrath with political instability, lack of proper financial control and eagerness to attract foreign investment and allowing market access to developed states.

Marine turtles are an ancient group of reptiles that have been used by humans as a source of protein for over 7,000 years. In recent decades, acknowledgement of the various threats to marine turtles, including the deleterious impact of historical and contemporary use on many populations, led the International Union for the Conservation of Nature (IUCN) to list all seven extant species of marine turtle on their Red List of Threatened Species. Consequently, marine turtles are often given protected status in the national legislation of countries around the world, despite the existence of ongoing use cultures in communities that live with marine turtles. Conservation strategies are challenged by the migratory nature of marine turtles, which have complex life histories typically involving the use of habitats in the jurisdictions of multiple sovereign states as well as the high seas. As a result, a suite of multi-lateral environmental agreements (MEAs) list marine turtles in the most highly protective categories. Thus, governments of sovereign states that have acceded to the various MEAs are committed to conservation strategies requiring national action and cooperative multi-lateral action, which can conflict with interests of communities with a tradition of marine turtle consumption. In this thesis I provide examples of how contemporary scientific research methods can elucidate the migratory behaviours of marine turtles, and can help define range of populations subject to national conservation action and use. I examine specific examples of how this information can inform national and multi-lateral conservation policies and strategies; how those policies and strategies interact and impact on traditional cultures of marine turtle use in the UK Overseas Territories in the Caribbean; and provide an example of the potential benefits of engaging stakeholders with contemporary research methods. This thesis highlights the utility of a multi-disciplinary approach to research underpinning marine turtle conservation and management, which acknowledges the limitations of MEAs and national government capacity, and which incorporates participation of those communities engaged in marine turtle consumption.

Parental reports are often used in studies of asthma and allergic diseases in children. A change in respondent from parent to index subject usually occurs during adolescence. Little is known about the effects this change in method might have on the outcomes of a longitudinal study. Smoking is a major cause of respiratory symptoms among adults and environmental tobacco smoke (ETS) is a risk factor for asthma among children. Less is known about these associations among teenagers. In order to improve prevention of smoking, it is important to identify populations at risk of becoming smokers.       The aim of this thesis were to 1) evaluate the methodological change from parental to self-completion of a questionnaire about asthma and allergic diseases, and 2) to study determinants for, and respiratory health effects of ETS and personal smoking in teenagers. In 1996, a longitudinal study of asthma and allergic diseases among schoolchildren started within the Obstructive Lung Disease in Northern Sweden (OLIN) studies. All children in first and second grades (aged 7-8 years) in three municipalities, Luleå, Kiruna and Piteå (n=3,525) were invited and 97% participated by parental completion of a questionnaire. The cohort has been followed with annual questionnaires until age 16-17 years and with high participation rates (>91%). From age 12-13 years, the teenagers were the respondents and questions about their tobacco use were included. In addition to the questionnaire completed by the teenagers at age 13-14 years, a questionnaire was also distributed to a random sample of 10% of the parents and 294 participated (84%).   The parents and the teenagers reported a similar prevalence of asthma, respiratory symptoms, rhinitis, eczema and environmental factors. Two statistically significant differences were found: the teenagers reported a higher prevalence of wheezing during or after exercise (14% vs 8%, p<0.05), and having a dog in the home in the last 12 months (42% vs 29%, p<0.001). Answer agreement between parents and teenagers on questions about asthma was almost perfect with kappa values of 0.8-0.9. Corresponding kappa values for questions about respiratory symptoms and rhinitis were 0.3-0.6 and for eczema 0.5-0.6. Agreement about environmental factors varied from 0.2-0.9. Kappa values for parental smoking were 0.8-0.9. The risk factor pattern for allergic diseases was similar regardless of respondent, ie parent or teenager. The prevalence of smoking increased from 3% at 12-13 years to 6% at 14-15 years. Smoking was more common among girls, while the use of snus was more common among boys. Significant risk factors related to smoking among teenagers were smoking family members, female sex and living in an apartment. Having physician-diagnosed asthma did not prevent the teenagers from becoming smokers. Factors related to using snus were a smoking mother and male sex.  Daily smokers aged 16-17 years (9%) reported a significantly higher prevalence of wheezing and physician-diagnosed asthma compared to non-smokers. There was a significant dose-response association with higher prevalence of wheeze among those who smoked ≥11 cigarettes per day compared to those who smoked ≤10 per day. In multivariate analyses, maternal environmental tobacco smoke exposure was a significant risk factor for ever wheeze and physician-diagnosed asthma at age 16-17 years, while daily smoking was a risk factor for current wheeze. In conclusion, the methodological change of questionnaire respondent from parent to index subject did not substantially alter the findings of this longitudinal study. There were significant sex differences in the tobacco use: smoking was more common among girls and snus was more common among boys. The most important factor related to tobacco use was presence of family members who smoke. Both maternal ETS exposure and personal smoking was associated with asthma and wheeze in adolescence. ETS was associated with lifetime symptoms but daily smoking was more strongly associated with current symptoms.

The primary purpose of this study was to investigate the effect of family sculpting on perceptual agreement among family members. Thirty families, each consisting of a father, a mother, and a child twelve years old or older, from areas of northern Utah and eastern Idaho participated in the study. The following instruments were administered to all individuals: a biographical questionnaire containing items regarding age, sex, occupation, education, number of years married for parents, and birth order position for children; the Interpersonal Check List in which each family was to describe him/ herself and the other members of the family; the Family Life Questionnaire which measures satisfaction in the family; and, finally, the experimental group was also administered the Subjective Check List which is a self report measure of the subject's experience with the experimental treatment. Three hypotheses were made regarding the effect that family sculpting would have on perceptual agreement among family members in the experimental groups: 1. There would be no significant difference between experimental and control groups in terms of perceptual agreement among family members after family sculpting as measured by the Interpersonal Check List. 2. There would be no significant difference between the low-satisfaction experimental group and the control group in terms of perceptual agreement among family members after family sculpting as measured by the Interpersonal Check List. 3. There would be no significant difference between the high-satisfaction experimental group and the control group in terms of perceptual agreement among family members after family sculpting as measured by the Interpersonal Check List. To test the hypotheses, analyses of covariance were computed for pre and posttest scores on all eight scales of the Interpersonal Check List, and on the Family Life Questionnaire. It was found that when the pretest means were held constant there was a difference on posttest means between the group which received family sculpting and the group that did not, on five of the twenty-four analyses. As a result of these findings all three hypotheses were rejected. However, notwithstanding a difference did exist, an examination of the unadjusted and adjusted means showed paradoxical results in that the level of perceptual agreement for the group which received family sculpting increased in three instances and decreased in two instances. Thus, it was determined that family sculpting may have facilitated changes in the perceptions of family members, however, it was not found to be effective in increasing perceptual agreement among family members. Further consideration would suggest that, in terms of a therapeutic approach, these possible changes in perception may be of value in breaking down maladaptive family communication patterns and establishing more adaptive ones.

Exploateringsavtal används för att fördela ansvaret för finansiering och utbyggnad av en detaljplan som upprättats på mark som inte ägs av kommunen. Avtalet upprättas mellan en kommun och en exploatör eller privat byggherre. Exploateringsavtal har tillämpats länge men blev inte angivet i lagtext förrän den 1 januari 2015. Något som fortfarande inte är angivet i lagtext är hur kommuner ska använda sig av ekonomiska säkerheter i exploateringsavtal. Avtalen reglerar finansiering och åtaganden för miljonbelopp och finansiering ska ofta ske efterhand som byggnationen färdigställs. Om en exploatör inte kan fullfölja sina åtaganden i exploateringsavtalet på grund av exempelvis konkurs, kan kommunen bli tvungen att färdigställa och finansiera exploatörens kvarstående åtagande. Har kommunen i avtalet angivit att en säkerhet måste ställas som ska täcka de belopp som motsvarar exploatörens åtaganden, kan kommunen lösa in säkerheten och på det viset säkra finansieringen om en exploatör skulle bli oförmögen att betala. Syftet med studien är att undersöka om Sveriges kommuner använder sig av säkerheter i exploateringsavtal för att säkerställa dess genomförande. Vidare är syftet med studien att kartlägga vilka säkerheter som anges i exploateringsavtal. I de fall en bankgaranti använts som säkerhet i exploateringsavtalen kommer även en fördjupning att genomföras av bankgarantin och dess bakomliggande exploateringsavtal. Exploateringsavtal och bankgarantier från Sveriges kommuner samlades in via mejl. 120kommuner valde att delta i studien vilket resulterade i en analys av 197 exploateringsavtaloch 35 bankgarantier. Resultatet av studien visar bland annat att 58 % av de 197 exploateringsavtalen innehöllsäkerhet, 37 % av avtalen saknar säkerhet och 5 % av avtalen inte har något behov av säkerhet. De vanligaste säkerheterna som kommunerna anger i exploateringsavtalen att exploatören måste ställa är valfri godtagbar säkerhet, bankgaranti, moderbolagsborgen och pantbrev i fast egendom. Resultatet visar även att 69 % av de 35 bankgarantier som studeratsär accessoriska till det bakomliggande exploateringsavtalet och 31 % av bankgarantierna är självständiga i förhållande till det bakomliggande exploateringsavtalet. Accessorisk innebär att bankgarantin är kopplad till det bakomliggande exploateringsavtalet. Självständig innebär att bankgarantin inte är kopplad till det bakomliggande exploateringsavtalet. Slutsatsen av studien är att medvetenheten och tydligheten kring säkerheter i exploateringsavtal bör förbättras och att en lagreglering av säkerheter är att föredra. / Land development agreements are used to divide responsibility for the financing and development of a detailed development plan which is arranged on land not owned by the municipality. The agreement is established between a municipality and a developer or private individual. Land development agreements were not specified in the act until a legislative change in January 1, 2015. A subject that was not specified in the act is how municipalities should use financial collateral in the land development agreement. Land development agreements involves the financing and constriction commitments for millions of crowns and the financing often take place afterwards construction is completed. If it turns out that the developer can´t perform their obligations in the land development agreement due to bankruptcy, the municipality may be required to complete and fund the developer's remaining commitments. If the municipality had stated in the agreement that the developer must perform a collateral to cover the amount corresponding to the developer's commitments, the municipality can redeem the collateral and thus secure the financing if a developer would become insolvent. The idea of the study is to examine if the Swedish municipalities are using collaterals in land development agreements. The ambition is also to identify what type of collaterals described in the land development agreements. Finally a deeper analysis will be made of the agreements for which a guarantee issued by a bank has been used as collateral. Land development agreements and guarantees from the Swedish municipalities were gathered via email. 120 municipalities did participate in the study, which resulted in ananalysis of 197 land development agreements and 35 guarantees. The result of the study shows that 58% of the 197 land development agreements contain collateral, 37% of the agreements did not contain collateral and 5% of the agreements had no need of collateral. The most commonly required collaterals by the municipality in land development agreements are any optional collateral that the municipality can accept, guarantees issued by a bank or insurance company, bail by parent company and mortgages on real estate property. The results also show that 69% of the 35 guarantees studied are ancillary to the underlying development agreement and 31% of the guarantees are independent in relation to the underlying development agreement. Ancillary means that the guarantees issued by bank is linked to the underlying land development agreement. Independent guarantee means that the guarantee is not linked to the underlying land development agreement.The final conclusion of the study is that awareness and clarity of collateral in land development agreements should be improved and that a statutory regulation of collaterals in land development agreements is preferable.