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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1011

LET’S SELL DRUGS : How the home-State of an investment can upset investment protections in the cannabis industry

Barba Radanovich, José Miguel January 2022 (has links)
Recently many States have legalised the production and retail of recreational cannabis, which is already a big business worldwide, and therefore, thoroughly attractive to international investors who would – reasonably – seek to develop their business in cannabis-friendly jurisdictions but, more so than many investments, this one carries with it a certain risk: Many influential and capital-exporting states are reticent to legalise cannabis for themselves and many times even criminalise any and all cannabis-related activities.  This work uses this dilema to explore the influence of the home-State of the investment on the legality of an investment, and question the uniletarality of the obligations derived from "Free Movement of Liquid Assets" or "repatriation" clauses, arguing that there is a multilateral obligation to protect the movement of investments' returns and that home-States to the investor must fulfill it by not impeding or upseting the repatriation of liquid assets.
1012

Investment Screening and Scope of Protection of Investment Protection Agreements

Yaylalı, Hüseyin Selçuk January 2022 (has links)
Investment screening can be defined as host state’s sovereign judicial and/or administrative authority to monitor the investments, specifically foreign direct investments of the foreign investors. Naturally, host states would use their rights for legislative power especially in sensitive sectors by nature such as defence systems, energy, transportation, natural resources; or sectors that are vulnerable for the host state. However, on the other edge of the investment, it is clear that, foreign direct investments have an important role for financial growth and direct and indirect effects such as employments. Theoretically it is being accepted that there must be a balance between host states’ legislative power and security of the foreign investment. Hence; investment screening regime is on one side and protection of investors/investments are on the other side.
1013

Provocerade uppsägningar : Ett arbete som utreder och analyserar frågan om när en arbetsgivare har föranlett en provocerad uppsägning / Provoked dismissals : A work that investigates and analyzes the question of when an employer has caused a provoked dismissal

Welander, Amanda, Egnell, Ellen January 2022 (has links)
It is required that there is a factual basis for termination when an employer terminates an employee. Provoked dismissals occur if an employer acts contrary to good practice in the labor market or improperly. The dismissal is provoked if it is made by the employee but prompted by the employer. In Swedish law, unprovoked dismissal is not regulated, which means that legal practice has a significant part. A provoked dismissal is considered a dismissal from the employer's side, even though the employee submitted his own resignation. The employer's behavior may be such that the employee submits his own resignation or that the person should have realized that the incident could lead to this. It is not permitted for the employer to act passively in situations where the employee has been exposed. Violence and threats are not acceptable on the part of the employer, but the employee can easily prove that the dismissal is justified. In the form of harassment, the proof becomes significantly more difficult and this is not something an employee should be subjected to, it can be grounds for a provoked dismissal. Reassignment can also be a factor in a provoked dismissal. If an employer has reassigned an employee to a lower position or worse working hours, the employee can resign and this can then be seen as a provoked dismissal.
1014

Distansarbete på den moderna arbetsmarknaden : Om arbetsledning, arbetsmiljöansvar och övervakning när hemmet är arbetsplatsen

Bruno, Cajsa, Emelie, Fransson January 2022 (has links)
The essay is about the conditions for employers and employees when the home functions as the workplace. During Covid-19, more and more people were forced to work from home, and now after the pandemic, the flexible way of working continues. The new work-situation will be studied from both a legal and a societal perspective to examine the employer's work management, work environment responsibility and remote monitoring possibilities. The purpose is to investigate how the prevailing working conditions can change when the home is seen as a workplace. The essay will be based on a legal dogmatic method in order to interpret and systematize regarding law, based on accepting legal sources. The sources that will be used are laws, directives, propositions, public inquiries, practice, case law from the European Court and Swedish Labor Court, literature and electronic sources to analyze the legal aspects. Furthermore, a qualitative study will be used to broaden the perspective and provide more understanding for employers and employees who work or have employees who work at home. Legislation regarding the working environment is primarily based on a workplace where the employee is on the employer's premises. The situation has changed, laws are needed to clarify which rights and obligations employers and employees have. The essay will highlight how the physical, organizational and social work environment affects employees when working from home. As a result of working from home, electronic services and means of communication are now used to continue their daily work and maintain contact. Technological developments have expanded rapidly, and it is readily available for employers to be able to monitor the performance of the employee at home. Thereby will limitations and opportunities for employers to monitor their employees at home be highlighted.
1015

Sexuella trakasserier från tredje part : En studie om regleringen kring tredjeparts trakasserier / Sexual harassment by third parties : A study concerning the regulation of third-party harassment

Gustafsson, Jaquelinne January 2022 (has links)
This essay is about third-party sexual harassment. That type of harassment occurs when a person who isn’t employed by the company harasses an employee. It may be a customer, guest, client, patient or similar. Statistics show that sexual harassment by third parties is more common than sexual harassment by employers or colleagues. The purpose of this essay is to find out and analyze what regulation there is regarding the subject and whether the protection for employees against third parties is stronger or weaker in comparison to the protection that exists against employers and colleagues. The essay will also pay attention to sanctions to be able to compare the penalties in different laws. With an application of the legal dogmatic method, sources of law such as legislation, legislative history, case law, and doctrine have been analyzed to fulfill the purpose and answer the questions asked. Although third-party sexual harassment is more common than when the harasser is an employer or colleague, the legal investigation shows that the protection against third parties is insufficient. The protection against employers and colleagues, on the other hand, is both clearer and more solid. Despite the gaps in current regulation, the future seems bright. There is more than one proposal on how to make improvements in this area, both within Swedish, international and EU law.
1016

Den nya visselblåsarlagen : En arbetsrättslig studie om en arbetstagares skydd vid visselblåsning - ett utökat skydd för visselblåsare?

Hugosson, Jennifer, Ringberg, Elin January 2022 (has links)
In 2019 the European Union presented a new directive, Directive (EU) 2019/1937 of the European Parliament and the council of 23 October 2019 on the protection of persons who report breaches of Union law. An EU-directive needs to be implemented into the national law of every member state, which for Sweden resulted in a new law regarding whistle-blowing: Law (2021:819) about protection for persons reporting misconduct, or in Swedish, Lag (2021:819) om skydd för personer som rapporterar om missförhållanden. The directive is a minimum directive, which means that all of its content needs to be implemented into national law, but there is no stopping member states from giving further protection than the directive. This paper aims to analyse the new Swedish law, how it differs from the directive and earlier Swedish law regarding whistleblowing, how it interacts with other Swedish regulations and most importantly if and how the new law strengthens the protection of whistleblowers. Our focus will be on the perspective of the employee and what the new law can mean for them, along with discussing differences in protection between the public and private sector.  In order to fulfil our purpose we will in our legal investigation first present some background information surrounding whistleblowing to create an understanding of the concept and its importance. Then we will follow the legal hierarchy and firstly present information surrounding international and EU-law, then present relevant Swedish regulations that are of importance to whistleblowing. Furthermore there will be a presentation of both the old Swedish law regarding whistleblowing and the new Swedish law and how it is based off of the directive. During the legal investigation some case law, both from the European Court of Human Rights and the Swedish court, will be presented to explain some background to the origin of the EU-directive and to analyse if and how the new Swedish law could be of help in the Swedish case. Finally there will be an analysis based on our legal investigation where we answer and discuss our research question.
1017

Korttidsarbete på den svenska arbetsmarknaden : Beredskapslagen som blev permanent under pandemin

Petersson, Victoria January 2022 (has links)
The purpose of the essay will be to review, highlight and analyze the current regulations regarding short-time work and see what the implementation looked like for the first time during the pandemic for the various parties on the labour market. The legal dogmatic method has been used to establish the law in force. Furthermore, a legalpositive perspective has been used. In order to understand the legal motives and purpose behind the legislative changes, a subjective interpretation of the law will also be used. The effects of the implementation will be highlighted through a socio-economic perspective to highlight the economic aspects.   Results show that the new system for short-time work has been one of the largest support measures to alleviate the effects on Swedish business, employment and the national economy during the spread of the disease covid-19. During the pandemic, the regulatory framework for short-time work has been applied for the first time and to an extent that was not foreseen when the legislation was drawn up. Furthermore, a system of short-time work with state support entails both advantages and disadvantages from different perspectives. It provides a chance for workers to keep their employment and for employers to have the right skills to be able to more quickly gear up production when things turn around. The result is to preserve jobs and support employment. It also entails potential risks such as lock-in effects, moral hazard, displacement effects, risk of increased polarization of the market and a risk of overexploitation of the system. The difficulty lies in determining which situations and types of recessions the short-time work system will be most beneficial and applicable where the benefits outweigh the risks. Finally, the support system has worked well for larger companies with regular production, low staff turnover and fixed employment conditions. At the same time, it indicates that smaller companies and forms of employment, such as fixed-term employment, have found it more difficult to use the support based on the design.
1018

Störningar i flerbostadshus : En jämförelse av hyres- och bostadsrätter

Löfgren, Selma January 2023 (has links)
Att kunna vistats ostört i sin bostad kan anses vara en fundamental rättighet som är väsentlig för människors välmående. Problem vad gäller störningar mellan grannar är en vanligt förekommande företeelse. Störningar mellan grannar uppstår framför allt i hyresrätter, men förekommer även i bostadsrätter. Eftersom hushållen i Sverige ökat inom hyres- och bostadsrätter i flerbostadshus analyseras störningsreglerna för respektive bostadsform i denna uppsats.  Hyresgäster och bostadsrättshavare får inte förorsaka de som bor i omgivningen störningar vilka är skadliga för hälsan eller försämrar bostadsmiljön enligt 12 kap. 25 § Jordabalken (JB) och 7 kap. 9 § Bostadsrättslagen (1991:614) (BRL). Vidare ska den boende iaktta sundhet, ordning och gott skick inom fastigheten. Det finns inte någon närmare precisering av vad en störning kan innefatta, det vill säga, huruvida en störning ska anses uppkommit eller ej grundar sig främst på människors allmänna uppfattning.  Uppsatsen fokuserar på de boendes intresse av att inte bli störda samt vikten för hyresvärdar och bostadsrättsföreningar att få störningarna att upphöra, således konkretiseras vilka åtgärder som grannar, hyresvärdar och bostadsrättsföreningar kan eller är skyldiga att vidta för att förhindra samt avbryta störningarna i respektive bostadsform. Vidare jämföras skillnaderna mellan åtgärder mot en störande granne som innehar en hyresrätt respektive bostadsrätt.
1019

Varför snälla slutar sist : En analys av sambandet mellanklimatkompensationskostnader och internprissättning / Why nice guys finish last : An analysis of the correlation between climatecompensation costs and transfer pricing

Bäckstrand, Carl January 2023 (has links)
No description available.
1020

Kan närbyråkrater implementera samtyckeslagen? : Om närbyråkraters upplevelser om förändringen och förutsättningarna att kunna implementera samtyckeslagen

Ekström, Linnea January 2023 (has links)
Both implementation and sexual crime are two complex fields, and within the Consent Act (samtyckeslagen), the consent part made sexual crimes even more complicated. This examination’s purpose is to investigate and analyze whether street-level bureaucrats, such as investigators, prosecutors, and lawyers experienced a change in their work since the Consent Act came into force and then, based on the personal governing characteristic, investigate what conditions they feel they have, to be able to implement the law. The essay examines this by doing semi-structured conversational interviews with all the professional groups. The study shows that the street-level bureaucrats have experienced a change in their work since the Consent Act came into force, where the most significant change is that a greater number of people report the crime and that more cases are assessed where there is a possible crime. Furthermore, there are both opportunities and challenges in all subcategories (knowledge, resource, method, influence, and ability to act) for one of the professional groups, if not several, in implementing the law. Both in the context of their work, such as the fact that the lawyers and the investigator believe that they lack knowledge and that the prosecutor has sufficient knowledge through the work, but also conditions that lie outside of their work, such as what role the plaintiff and suspect may have in the work of street-level bureaucrats.

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