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  • 1.
    Lenhammar, Jonas
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    15:3 rättegångsbalken – ett medel för att avhysa en lokalhyresgäst?: En analys av det provisoriska rättsskyddets gränsland2016Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 2.
    Jonsson, Tobias
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    2014 års 3:12-regler: - en utvärdering2014Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 3.
    Bergqvist, Anna
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    2017 års reglering av insiderhandel: En obalanserad avvägning mellan effektivitet och rättssäkerhet2018Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 4.
    Häggblom, Annie
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    2019 års Haagkonvention om erkännande och verkställighet av utländska domar på privaträttens område: Ett framgångsrikt internationellt instrument på den internationella privaträttens område?2021Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [sv]

    Uppsatsen behandlar 2019 års Haagkonvention om erkännande och verkställighet av utländska domar på privaträttens område och tar upp under vilka förutsättningar en dom kan erkännas och verkställas enligt konventionen. Konventionen träder i kraft den 1 april 2021 mellan Uruguay och Ukraina. Med ett antal undantag tillämpas konventionen för att erkänna och verkställa utländska domar på privaträttens område.Konventionen innehåller en uttömmande lista över indirekta domsrättsgrunder som behandlas i uppsatsen. En konventionskonform tolkning av konventionen ska göras av konventionsstaterna och uppsatsen visar att konventionen har potentialen att bli ett framgångsrikt instrument mot bakgrund av att den fyller ut tidigare luckor i regleringen på den internationella privaträttens område.Vilka stater som kommer att tillträda konventionen är för tidigt för att säga. Huruvida EU tillträder konventionen kan dock förväntas påverka ytterligare staters val att ansluta sig till 2019 års Haagkonvention.

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    2019 års Haagkonvention om erkännande och verkställighet av utländska domar på privaträttens område
  • 5.
    Rehnlund Ingblad, Milton
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    2021: A Face Odyssey: An analysis of the proposed AI Act and its effect on current law and the police’s ability to use facial recognition technology2023Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    Artificial intelligence is becoming an increasingly important part of our lives and can be found in everything from fridges to phones. One of the applications of AI is the police use of facial recognition technology for law enforcement purposes. However, the use poses a major risk to fundamental rights. As part of the European Commission's initiative to create a Union fit for the digital age, the proposal for an AI Act was introduced in 2021 with the aim of setting the limit of permissible use of AI. In the act, the use of real-time facial recognition is prohibited except for a few exceptions which the police in the Union argue will severely hinder their work. However, the scope of the prohibition is ambiguous, and the act is riddled with various problems in its regulation of facial recognition used for law enforcement purposes. This thesis will therefore critically analyse the AI Act on the basis of three research questions.

    The first question examines how the AI Act will affect current law and the police’s ability to use facial recognition for law enforcement purposes. This thesis finds regarding real-time facial recognition, the act will replace LED as applicable law. However, for high-risk applications of FRT, there will be an interplay between the two regulations. When it comes to the effect on the police’s use of FRT for law enforcement purposes, this thesis finds that the police have no bigger reason for worry. The exceptions make a myriad of otherwise prohibited uses of real-time FRT permissible, and the use of post-FRT is not regulated in the act. The second question analyses the problems with the act and the thesis finds that there are essentially four major problems with the act. The exceptions allow for a disproportionate amount of otherwise prohibited uses of FRT, it is too difficult to interpret and the mechanisms for futureproofing are lacking. Furthermore, the interplay with Prüm II must be considered to a greater extent. The third and final question provides three different solutions to the problems. The first solution is to reduce the scope of the exceptions. The second solution is to revise the high-risk provision to make it easier to add new systems. Finally, this thesis finds that the introduction of a separate regulation for law enforcement use, like GDPR & LED, would be a good solution.

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  • 6.
    Hellström, Erik
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    3:12-reglerna i tiden: Utveckling och ändamålsenlighet2012Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [sv]

    En studie kring när andelar ska anses vara kvalificerade i fåmansföretag, hur 3:12-reglerna kan kringgås och hur kringgåendeförfaranden kan angripas.

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    Examensarbete Erik Hellström
  • 7.
    Carman, Elin
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    3D-fastighetsbildning i detaljplan: Hur gör man och hur blir den lämpligt utformad?2023Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
  • 8.
    Fyrqvist, Emelie
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    3D-skrivarens intåg i immaterialrätten: - Om 3D-bilder, 49 § URL och vikten av lämpliga avtalslicenser2015Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 9.
    Andersson, Erik
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Comparative Analysis of the Taxation of Crypto Currencies2022Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
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  • 10.
    Skeppsby, Malin
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Comparative Examination of Swedish SPACs2021Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
  • 11.
    WANG, CHUN
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Comparative Study of the Determination of the Functionality of Trade Dress: Based on the Legislation and Legal Practice in the EU, the US and China2019Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    The functional doctrine originates from the US and has been well accepted by the EU and China. However, different legal systems has implemented the doctrine through their respective approaches. This thesis makes a comparison among the way that EU, the US, and China approach the functional doctrine based on legislation and legal practices.

     

    This thesis starts with the analysis of legislation and legal practice in the EU. An enumerated list about functional doctrine is set down in EUTMR, which mainly focus on the determination of technical results and substantial value. The reason why functional doctrine should be adopted was well explained in settled cases and had guided the followed legal practice. Based on the settled cases, the thesis concluded how CJEU approaches the functional doctrine and presented comments over it.

     

    The US part is structured to two major parts, the utilitarian functionality and the aesthetic functionality respectively. The competitive necessity standard has played an important role in the implementation of functional doctrine and well accepted by most of the courts in the US. However, there is no consensus over the determination of aesthetic functionality and some courts even oppose that concept.

     

    Compared with the EU and the US, the functional doctrine has not raised a lot of concern in China. Most of the trade dresses are precluded from registration on account of lacking distinctiveness. However, as trade dress has been repetitively presented in front of the competent authority, the functional doctrine would attract more attention and thus learning experience from former walkers is imperative.

  • 12.
    Torbjörnsson, John
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A comparison between the concepts “undertaking” and “bodies governed by public law”: En jämförelse mellan begreppen ”företag” och ”offentligrättsliga organ”2019Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 13.
    Sahlstedt, Andreas
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A competition policy for the digital age: An analysis of the challenges posed by data-driven business models to EU competition law2019Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    The increasing volume and value of data in online markets along with tendencies of market concentration makes it an interesting research topic in the field of competition law. The purpose of this thesis is to evaluate how EU competition law could adapt to the challenges brought on by big data, particularly in relation to Art. 102 TFEU and the EUMR. Furthermore, this thesis analyses the intersection between privacy regulations and competition law. The characteristics pertaining to online markets and data are presented in this thesis in order to accurately describe the specific challenges which arise in online markets.

    By analysing previous case law of the ECJ as well as the Bundeskartellamt’s Facebook investigation, this thesis concludes that privacy concerns could potentially be addressed within a EU competition law procedure. Such an approach might be particularly warranted in markets where privacy is a key parameter of competition. However, a departure from the traditionally price-centric enforcement of competition law is required in order to adequately address privacy concerns.

    The research presented in this thesis demonstrates the decreasing importance of market shares in the assessment of a dominant position in online markets, due to the dynamic character of such markets. An increased focus on entry barriers appears to be necessary, of which data can constitute an important barrier. Additionally, consumer behaviour constitutes a source of market power in online markets, which warrants a shift towards behavioural economic analysis.

    The turnover thresholds of the EUMR do not appear to adequately address data-driven mergers, which is illustrated by the Facebook/WhatsApp merger. Therefore, thresholds based on other parameters are necessary. The value of data also increases the potential anticompetitive effects of vertical and conglomerate mergers, warranting an increased focus on such mergers.

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  • 14.
    Lundgren, Lars
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Competitive Environment?: Articles 101 and 102 TFEU and the European Green Deal2021Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    Europe is facing a climate and environmental crisis. To respond to this, the European Commission has launched several programmes, which aim to increase sustainability and environmental protection. This aim has been condensed into the policy document that is the European Green Deal. The European Green Deal sets out the aim of making the Union’s economy climate neutral, while improving environmental protection and protecting biodiversity. To this end, several different sectors of the economy need to be overhauled. 

    In EU Law, a key policy area is to protect free competition. Article 101 TFEU sets out that agreements between undertakings which have as their object or effect the prevention, restriction or distortion of competition are prohibited. Similarly, Article 102 TFEU prohibits abuse by an undertaking of a dominant position. 

    This thesis explores what happens when competition law thus intersects with the environmental policy of the Union. The thesis identifies two main situations  of interaction. Undertakings can invoke environmental protection to justify a restriction of competition. The Union may also rely on its antitrust provisions to enforce sustainability by holding unsustainable practices as restrictive agreements or abuses of dominant behaviour, respectively, and thus prohibited by the antitrust provisions. 

    Generally, the thesis concludes that there is not enough information on how the Commission and the CJEU will approach arguments relating to sustainability in its antitrust assessment. The Commission’s consumer welfare standard appears to limit environmental integration to points where a certain factor results affects the environment or sustainability on the one hand, and consumer welfare on the other. The lack of information, moreover, is in itself an issue as undertakings may abstain from environmental action if they believe they will come under scrutiny due to violations of the antitrust provisions. Therefore, a key conclusion in the thesis is that the Commission and the CJEU should set out clear guidelines for environmental action by undertakings, in relation to the antitrust provisions. Similarly, the Commission appears to be cautious to use antitrust as a tool against unsustainable practices. The Commission has, however, recently decided to open an investigation into agreements which limit sustainability, which shows that the picture may be changing.

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  • 15.
    Tsuro, Hardlife
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A critical analysis on the intersection of Competitio law and Standard Essential Patents in the EU2020Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    The point of conflict between competition law and patent law is mainly on the objectives of these two policies. Whereas competition law encourages market pluralism, patent law promotes exclusive exploitation of patented-technology by patent holders. Despite this asymmetrical purposes both policies compliment each in promoting innovation, dissemination of technology, and developmentof a vibrant economy. The interface between these two should be treated cautiously since a preferential treatment of one over the other can have adverse consequences in the development of the economy. Admittedly competition law is very crucial in regulating anti-competitive conduct by cartels and monopolies that will affect the interests of the society. On the flip side, the enforcement of anti trust policies should not be overly applied to the extent of eroding the spirit of innovation and investment in beneficial technology. In the face of this aggressive global market, promotion of innovation and competition law are crucial in maintaining a competitive edge. Wherefore a balance must be struck!

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  • 16.
    KALANTHAR, IKZATH
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A DETAILED ANALYSIS OF CHROMALLOY V ARE TO ACHEIVE MORE CLARITY IN THE FUTURE IN RELATION TO ENFORCEMENT OF ARBITRAL AWARDS SET ASIDE AT SITUS2017Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
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  • 17.
    Jerkenhag, Jim
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Dissection of the Direct Link Test: An Analysis of the Enigmatic Concept of a 'Supply for Consideration'2018Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    How does one know whether a service is supplied against payment? While the answer to that question appears to be self-evident, it is, in fact, the sole reason for a host of court procedures across the world of VAT. Indeed, the underlying concept of a supply for consideration has eluded and continues to elude courts and practitioners. This is in part due to the wide range of transactions that are arguably such that they cannot be categorised as a supply for consideration (i.e., a supply against payment). It is, e.g., not obvious how to treat the transaction happening when a by-passer gives a few coins to a street musician, considering that it is debatable whether the coins constitute payment for a music service or a gift given out of sympathy.

    As an attempt to elucidate the concept of a supply for consideration, the Court of Justice of the European Union (CJEU) has developed the so called direct link test, consisting of four criteria. The  test  is  applied  in  cases  where  the  nexus  between  a  supply  and  a consideration is indefinite or called into doubt. Given that the CJEU is the supreme interpreter of EU law, the direct link test has consequently become a standardised test in all 28 Member States of the EU. In other jurisdictions, such as Australia and New Zealand, there stands no equally established test to resolve the question of a nexus. More so, the courts of these jurisdictions do not necessarily adhere to the same notions as the CJEU. Against this background, the criteria of the direct link test have been analysed as well as compared to the notions prevailing in other jurisdictions.

    Following the comparative studies, it stands evident that there are, in some instances, radically different understandings of what kind of transactions that constitute a supply for consideration. These differences exist between courts of different jurisdictions as well as courts of the same jurisdiction. Certainly, there will always be disagreements in respect of legal queries; however, by virtue of the comparative studies, divergences of a more conceptual nature have been unearthed. In turn, these conceptual divergences demonstrate the existence of fundamentally different perceptions of the concept of a supply for consideration within the world of VAT.

    In light of the analysis, the author has concluded that the direct link test is appropriate for the purpose it is meant to serve. That said, the actual application of the test leaves room for improvement, which may to some extent be sought in the rules and notions prevailing in other jurisdictions and in the comments and critiques put forward by scholars.

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  • 18.
    Andersson, Sofia
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Fourth Arbitrator or an Administrative Secretary?: A Study on the Appointment and Authority of Arbitral Secretaries in Swedish Arbitral Proceedings2015Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    Arbitral tribunals’ engagement of secretaries has for several years been the subject of debate and surveys show that the use of arbitral secretaries varies in practice. The Swedish Arbitration Act as well as the Arbitration Rules and Rules for Expedited Arbitrations issued by the Arbitration Institute of the Stockholm Chamber of Commerce do not regulate the appointment and authority of an arbitral secretary. The requirements for the arbitrators’ appointment of a secretary and the extent of the secretary’s authority are, however, indirectly affected by general principles of law and provisions in the Swedish Arbitration Act.

    Regarding the requirements for appointment of a secretary, it is asserted in this thesis that the arbitrators ought to obtain the parties’ consent to the appointment. However, it is unclear if there are any other requirements that the arbitrators must observe when appointing a secretary.

    The limitations on the secretary’s authority mainly consist of agreements concluded by the parties and the provisions on challenge and invalidity of awards. Where the secretary has been appointed with the parties’ consent and the parties have not agreed on the secretary’s authority, the secretary is probably at least allowed to perform administrative tasks, but the arbitrators are not allowed to delegate their decision-making function or the duty to sign the award. However, the exact dividing line between proper and improper delegation cannot be established.

    In the final discussion it is asserted that further guidance on the authority of the arbitral secretary would be beneficial. It is proposed that such guidance should be provided through guidelines issued by the SCC, which shall recommend the arbitrators to: obtain the parties’ consent to the appointment of the secretary; conclude an agreement with the parties which states the duties that the arbitrators are allowed to delegate to the secretary; be transparent with the parties on the secretary’s involvement in the arbitral proceedings; and refrain from delegating the tasks to sign the award and decide the dispute.

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    A Fourth Arbitrator or an Administrative Secretary?
  • 19.
    Yang, Weiyue
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A legal analysis of the Problems Caused by Third-Party Funding in Investment Treaty Arbitration and its Regulation2017Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    In recent years, third-party funding has emerged in international commercial arbitration and investment treaty arbitration, and led to a heated discussion. Third-party funding, usually a third-party funder (investment banks or venture capital companies) provide the arbitration cost to the funded party, and get return from the award if the party win the case. In contrast to international commercial arbitration, the jurisdiction of international investment arbitration is based on international investment treaties between states, and investors may initiate arbitration on the basis of the investment treaty between the host country and its home country, thus seeking substantial compensation from the host country. In recent years, investment arbitration cases have increased a lot,1 and the amount of the subject is usually millions of dollars.2 It is in this context, investment arbitration requests quickly become an investment product and profit-taking tool for third-party funding.3 Investors may be reluctant to initiate investment arbitration because of the cost of arbitration and the risk of losing case, and third-party funding will finance the investor with arbitration fees.

  • 20.
    Torneus Ek, Nathalie
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Mechanism of Constitutionalization: The Preliminary Rulings Procedure and the (true) Sui Genereis Nature of European Union Law2022Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    This thesis analyses the preliminary rulings procedure in art. 267 TFEU as a constitutionalizing mechanism of European Union law. It is argued that European Union law has develop in ways that makes it into something more than a traditional international organization – that is has a sui generis nature. This quality is often attributed the doctrine of direct effect and the supremacy of Union law. However, this thesis argues that also the preliminary rulings procedure provides the Union judiciary with mechanisms that are essential for the constitutionalization of European Union law. Moreover, this thesis offers a change of perspective on how to properly analyze the behavior of member states who refer very few cases to the CJEU in the preliminary rulings procedure, with Sweden as the prime example. The argument made is that by referring politically sensitive cases, Swedish courts do invite the Union judiciary to take part in national law, thus acting loyally to the Union institutions. 

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  • 21.
    Iakovleva, Elina
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Multilateral Investment Court: Expediency of Establishing and Its and its legal consequences2017Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
  • 22.
    Rihne, Moa
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Neighborly Dilemma: The Legal Consequences of the EU-Morocco Fisheries Agreements on Western Sahara's Right to Self-Determination2023Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    Abstract 

    Western Sahara’s history is marked by Spanish colonization until 1976 followed by Moroccan invasion and nearly 50 years of occupation. The right to self-determination, applicable to territories under colonial or occupational rule, remains unrealized in Western Sahara. Despite Morocco’s occupation, the EU maintains a robust relationship to its neighbor, notably through the Euro-Mediterranean Association Agreement. This study scrutinizes the EU-Moroccan fisheries trade, focusing on the EU-Morocco Fisheries Partnership Agreement, and EU-Morocco Sustainable Fisheries Partnership Agreement. Despite the Court of Justice of the EU consistently nullifying or declaring these agreements inapplicable to Western Sahara due to public international law violations, the EU persists in trade negotiations with neighboring Morocco. 

    Reflecting on the dilemma, the purpose of this thesis is to examine the responsibility of the EU in relation to Western Sahara’s right to external self-determination, by scrutinizing the EU-Morocco fisheries trade with specific focus on the aforementioned agreements. Upon scrutinizing the EU’s stance on its neighboring conflict, five key conclusions are drawn. Firstly, that Western Sahara holds the right to self-determination on dual grounds – as a non-self-governing territory awaiting decolonization and due to unlawful annexation by Morocco. The right includes an economic and a political aspect. However, the political right to self-determination through a referendum remains unrealized. Secondly, the EU, bound by international law, has obligations to respect Western Sahara’s right to self-determination and to not recognize serious breaches of this right as lawful. Thirdly, the EU falls short in respecting Western Sahara's economic right to self-determination, violating both respect and non-recognition obligations through entering into the aforementioned fisheries agreements with Morocco. Fourthly, these violations invoke international organization responsibility. Lastly, while the agreements do not impact the theoretical applicability of the right to self- determination, they are exploitative and hinder the realization of Western Sahara's permanent sovereignty over natural wealth and resources. Even with amendments of the fisheries agreements to adhere to international law, the likelihood of realizing the right remains minimal, partially due to criticisms towards the self-determination regulation. 

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  • 23.
    Såma, Kader
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A New Era of Terror: An Investigation of Non-International Armed Conflict and the Islamic State’s Transnational Crusade for World Domination2016Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 24.
    Jonelid, Helmer
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A New Hope?: The future for humanitarian intervention in the light of the article 4(h) intervention mandate of the African Union2021Independent thesis Basic level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 25.
    Nylander, Fanny
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Right to Self-Defence Against International Terrorism?: An analysis of the notion ‘armed attack’ in Article 51 in the UNCharter in the light of the development of international terrorism Author: Fanny2015Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
  • 26.
    Corselli, Louise
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Sami Right to Free, Prior and Informed Consent under EU law?: Indigenous Rights from an EU Law Perspective2021Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
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  • 27.
    af Sandeberg, Hedvig
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A Study on the Applicable Requirements for Granting Interim Measures under the SCC Emergency Arbitrator Provisions2014Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    The availability of interim measures has been described as a necessity for the effectiveness of arbitral procedures. Traditionally, parties had to either wait for the constitution of the arbitral tribunal or turn to national courts in order to receive interim relief. Since both of these options can be problematic, various arbitral institutions, including the SCC, have introduced Emergency Arbitrator provisions which make it possible for parties to apply for interim measures prior to the constitution of the arbitral tribunal.

    The purpose of this thesis is to analyze the grounds on which an Emergency Arbitrator under the SCC provisions will grant an application for interim measures. After analyzing Emergency Arbitration in general and the SCC Emergency Arbitrator procedure in particular, including the legal status and enforceability of a decision on interim measures, the thesis focuses on the requirements for granting interim measures. There are no stipulated requirements in terms of interim measures why it is up to the arbitrators to decide the standards that must be met. Different sources of law have been suggested to provide guidance to arbitrators in terms of applicable requirements, including national laws, international arbitral case law and the UNCITRAL Model Law. The requirements generally considered as applicable include prima facie jurisdiction, the establishment of a prima facie case, irreparable harm, urgency, no prejudgment on the merits and proportionality. A review of SCC Emergency Arbitrator case summaries suggests that the Emergency Arbitrators’ practice vary in terms of applied requirements and sources of law.

    The final discussion of the thesis concludes that there is a great amount of uncertainty pertaining to the question of on what grounds an Emergency Arbitrator will grant a request for interim measures. From a party perspective, it can be argued that more predictability would be preferable, why a suggestion of clearly stipulated requirements for granting interim measures is presented from a de lege ferenda perspective.

  • 28.
    Lundevall-Brunö, Lina
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    Abandonering och mervärdesskatt: En analys av konkursboets abandoneringsmöjligheter2023Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
  • 29.