Sökning: "Judicial interpretation"
Visar resultat 1 - 5 av 24 avhandlingar innehållade orden Judicial interpretation.
1. Legal Interpretation and Standards of Proof : Essays in Philosophy of Law and Evidence Law Theory
Sammanfattning : This dissertation addresses the issues of the indeterminacy of law and judicial discretion in the decision of the quaestio facti. It is composed of four papers:In the first paper, I develop an account of legal indeterminacy called the ‘systemic indeterminacy’ thesis. LÄS MER
2. Refugee Status Determination in the Context of 'Natural' Disasters and Climate Change : A Human Rights-Based Approach
Sammanfattning : This thesis is concerned with refugee status determination (RSD) in the context of ‘natural’ disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying theoretical as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the thesis asks the question ‘in what kinds of circumstances may a person establish, within the meaning of Article 1A(2) of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, a well-founded fear of being persecuted for a Convention reason in the context of ‘natural’ disasters and climate change?’Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the thesis draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people’s differential exposure and vulnerability to disaster-related harm. LÄS MER
3. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making
Sammanfattning : The present research investigates the formative processes of international criminal law through the iterative citation of judicial decisions in adjudicatory practices. Given the centrality of the judge in the adjudication of international criminal law, this study is underpinned by a legal realist approach to international law informed by the work of Alf Ross (Scandinavian Legal Realism) and Gregory Shaffer (New Legal Realism), according to which the meaning of legal rules and principles is not autonomous from how they are empirically practiced and interpreted by courts. LÄS MER
4. Brottsoffer i rättskedjan : en rättsvetenskaplig studie av förhållandet mellan brottsoffers rättigheter och rättsväsendets skyldigheter
Sammanfattning : In recent decades the Swedish legislature has increasingly focused on the treatment of victims of crime and the information they receive. Victimology research has also shown the importance of treating victims with respect and of keeping them informed of their rights and the progress of their case throughout the process. LÄS MER
5. Early Determination of Arbitral Jurisdiction : Balancing efficacy, efficiency, and legitimacy of arbitration
Sammanfattning : This dissertation examines the timing of judicial determination of jurisdictional disputes in the presence of an arbitration agreement. The analysis focuses on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration (and Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). LÄS MER
