Essays about: "procedural protection"
Showing result 1 - 5 of 56 essays containing the words procedural protection.
-
1. "The Competition of Values in the European Arrest Warrant Tracing the Conflict and Prioritization Between Collective Security and Individual Justice Within Case Law of the CJEU"
University essay from Göteborgs universitet/Juridiska institutionenAbstract : The European Arrest Warrant system is built on balancing between individual justice, which safeguards the right to a fair trial of subjects to extradition, and collective security, which seeks to ensure public safety and effective law enforcement. This thesis provides for an analysis of this balance and its evolution, exploring how the prioritization of individual justice and collective security, as manifested in the EAW, have shifted through the evolutive interpretation of the Court of Justice of the European Union. READ MORE
-
2. Exchanging Bilateral Investment Treaties and Investor-State Dispute Settlement for the Acquis Communautaire : A three-stage analysis of the effects for investors, the level of investment protection and for the flow of Foreign Direct Investment on the internal market
University essay from Stockholms universitet/Juridiska institutionenAbstract : Through the judgements of Achmea and PL Holdings, the Court of Justice of the European Union (CJEU) has prohibited the use of Investor-State Dispute Settlement (ISDS) as well as the enforcement of any awards stemming from such procedures within the European Union (EU). This means that investors on the internal market can no longer enjoy the protection which was awarded to them by the protection standards inherent in the Bilateral Investment Treaties (BITs) which were previously relied upon by investors in the Member States (MS), and which provided for the possibility of ISDS. READ MORE
-
3. Safe Countries or Systematic Assessments? - A critical investigation of the safe country of origin concept in the CEAS and the national implementation in Sweden in relation to the right to asylum
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Safety has always been a prominent concept within asylum law for the assessment of international protection. However, as the CEAS has developed immensely the past years, moving towards a paradigm shift of increasingly restrictive migration policies; the use of safety has evolved accordingly. READ MORE
-
4. Participatory Rights in the Honduran Renewable Energy Sector : An International Environmental Law Perspective
University essay from Stockholms universitet/Stockholms miljörättscentrum (SMC)Abstract : This study approaches participatory rights regime that includes Access to Environmental Information, Public Participation in decision making and Access to Justice in relation to environmental matters. It explores the Honduran law with the purpose of verifying if the regulations that control and manage the renewable energy sector are compatible with the participatory rights regime that International Environmental Law and Human Rights Law states. READ MORE
-
5. Detention of Non-Citizens Suspected of Future Terrorist Crimes: A study of the relationship between preventive security detention in Swedish immigration legislation and fundamental principles of justice and the rule of law
University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionenAbstract : The thesis examines the relationship between the detention regime in the Special Controls of Aliens Act (SFS 1991:572, SCAA) and the right to personal liberty and security; the presumption of innocence; and the principle of legality. The aim is to assess whether the legislation is a suitable counter-terrorism measure from a rule of law perspective. READ MORE
