Essays about: "domestic courts"
Showing result 1 - 5 of 67 essays containing the words domestic courts.
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1. Umgänge trots våld? - En kvalitativ innehållsanalys utifrån svenska domar om umgänge när våld har förekommit
University essay from Lunds universitet/SocialhögskolanAbstract : Our thesis aimed to investigate how the Swedish district courts and appellate courts present arguments for visitation rights while safeguarding children's rights in custody cases involving instances of violence. The analysis and concluding discussion focused on three research questions: How do the district courts and appellate courts argue on visitation rights in custody cases involving instances of violence? What similarities and differences exist in the assessments of the district court and the court of appeals in custody disputes, and how do their decisions contribute to the formulation of visitation rules? How can the court's argument be understood regarding visitation rights from a children's rights perspective? The method involved a qualitative content analysis of twelve appellate court cases. READ MORE
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2. GOVERNANCE BEYOND BORDERS The Extraterritorial Reach of OECD National Contact Points for Responsible Business Conduct
University essay from Göteborgs universitet/Statsvetenskapliga institutionenAbstract : As increasingly powerful actors in a globalised world, multinational corporations are often able to evade responsibility for human rights violations and other misconduct occurring in their own operations or supply chains. Since courts face limitations when attempting to exert jurisdiction outside of their state territories, state-based non-judicial mechanisms such as the OECD National Contact Points (NCPs) have been established to fill this gap by mediating between corporations and victims of corporate human rights abuses with the aim of providing remedy to the latter. READ MORE
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3. Is this the end of the Marks & Spencer Doctrine? - The Freedom of Establishment, Permanent Establishments and Objective Comparability
University essay from Lunds universitet/Institutionen för handelsrättAbstract : The Thesis examines issues of European Corporate Tax Law and specifically the notion of the Marks & Spencer doctrine, with respect to non-resident permanent establishments. The doctrine entails the possibility for a resident company to deduct losses that were incurred by a PE, situated in another Member State. READ MORE
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4. Non-refoulement cases before the ECtHR and CAT : A case study on women alleging gender-based violence at the hands of private actors
University essay from Enskilda Högskolan Stockholm/Avdelningen för mänskliga rättigheter och demokratiAbstract : This study aims to analyze if the assessment of the European Court of Human Rights and Committee Against Torture in cases concerning women alleging violation of the principle of non-refoulement takes gender into consideration. Therefore, this study compares four cases from the Court and the other four cases from the Committee with feminist legal theory analysis. READ MORE
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5. Between Self-Determination, Consistency and Rights Protection: Process-Based Review in Expulsion Cases under Article 8 of the European Convention on Human Rights
University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionenAbstract : This thesis examines the practice of the European Court of Human Rights to decide expulsion cases implicating migrants with criminal record under Article 8 of the European Convention on Human Rights by use of process-based review. It departs from the premise that such expulsions do not violate absolute rights but constitute interferences with a qualified right, which allows for infringements necessary in a democratic society. READ MORE
