Recent Submissions

  • Pulkkinen, Mari (Mari Pulkkinen, 2016)
    Loss through death is a core experience in human life, for humanity necessitates the acceptance of mortality. In the field of cultural studies, contemporary Finnish grief is an unfamiliar subject as a theoretical as well as empirical phenomenon. I approach loss as a holistic experience of a unique individual. It is deeply subjective but also inherently shared. I pursue this by developing an analytical tool: a conceptual and theoretical perspective on grief which manifests itself in the dimensions of emotions and cognition, deeds and actions, as well as words and grammar. By this I refer to the emotional-cognitive, ritual-conative and linguistic-conceptual nature of grief. Moreover, the experience of loss cannot be understood without also paying attention to its contexts: the life course and the cultural-societal frame of death culture. The data consist of letters written by 159 grieving Finns of different ages and backgrounds. In order to collect the data, advertisements were placed in the print media and on the Internet in 2003 2005. The goal of the analysis is to understand the losses that Finns living the 21st century have experienced over the course of their lives. My approach is deliberately critical. Mourning is still, in the spirit of modernity, often seen as an individual psychological process grief work the stages of which remain largely unchanged regardless of varying circumstances. Its perceived aims are recovery and coping. When understood as an experience, loss claims its place in the human life course the same way as other life events do: as inherently meaningful and permanent. Read closely, in terms of emotions and cognition, grief appears hidden and hard to reach. Emotions are manifold and ambiguous. They should not be approached based on designation only. The grieving also feel as sense of grief in their bodies, cry in private, and experience incomprehensibility beyond the psychological definition of shock. In the light of deeds and action, grief gains the attributes of performance, and in that sense is work indeed. The traditional rituals as well as grief s bureaucracy and everyday obligations are all vigorously performed and dealt with. This separates action from its ritual meaning. From the point of view of words and grammar, grief is silent and wordless. Wordlessness is selective and chosen but also subjective: the experience escapes expression. The human life course is the arena of progressive time where both the grieving and grief have their own uncontrollable time. Neither the experience nor the ties cease to exist. In the changing death culture the ability of others to express their condolences and sympathize is often seen as inadequate. This applies also to encounters with professionals who are expected to be humane. The medication of the grieving bespeaks the desire to control. The varied perceptions of the hereafter often utilize Christian imagery and suggest that the dead watch over the living. They are created out of need, and are based on the hope of something existing beyond the end. Despite its communality, the death culture of the past cannot always be seen as a more gentle background for the experience of loss; it is sometimes even the opposite. This brings to mind the distinct nature of grief, which is not contingent on the era lived in.
  • Aakula, Anna (Helsingin yliopisto, 2016)
    MicroRNAs (miRNAs/miRs) impact on cellular signaling pathways and biological processes in physiological and pathological states. The expression of miRNAs is often altered in cancer, but the functions and their targets are less well understood. In this thesis project, the miRNA regulation of genes relevant for PCa proliferation was comprehensively mapped through phenotypic screening and tumor expression data. Given the role of androgen receptor (AR) as a key oncogenic driver in PCa and estrogen receptor α (ERα) playing a similar role in BCa, the regulation of these receptors was investigated here. Systematic gain-of-function screens were conducted with 1129 miRNA molecules and changes in AR, proliferation marker Ki67, and the apoptotic marker cPARP were quantified using reverse-phase protein arrays. The results identify miR-19a, -32, -124a, -130b, -148a, and -583 as regulators of proliferation and, as potential regulators of FLNC, MSRB3, PARVA, PCDH7, PRNP, RAB34 and SORBS1 genes. These aberrantly expressed genes were significantly associated with biochemical recurrence-free survival of 140 PCa patients. Altogether 13 miRNAs that regulate the AR 3'-untranslated region (3'UTR) (miR-135b, -185, -297, -299-3p, -34a, -34c, -371-3p, -421, -449a, -449b, -634, -654-5p and -9) were identified and validated in PCa. Interestingly, the RNA-sequencing data revealed a longer 3 UTR of AR, and most of the AR targeting miRNAs were found to act via this extended AR mRNA. MiR-135b and miR-34c showed an inverse association with AR protein levels in 47 clinical PCa samples. Similarly, miR-135b targeted the ERα 3'UTR in BCa and showed significant inverse correlation with the steady-state ERα protein levels in a cohort of 101 breast tumors. MiR-135b also inhibited the growth of AR-positive PCa and ERα-positive BCa cells, whereas it failed to affect the AR- and ERα-negative cells. Prolonged miR-135b expression in 3D and xenograft experiments, however, seem to confer a growth advantage and putatively induce an epithelial-to-mesenchymal switch in LNCaP cells. Taken together, this study identifies specific miRNAs as important regulators of AR, ERα, and HIF1AN protein levels, as well as novel regulatory molecules, which impact on PCa and BCa proliferation and are aberrantly expressed in tumors. This reveals novel regulatory nodes with potential as diagnostic biomarkers and that could be considered as targets for therapy or as therapy if delivery of miRNA as therapy becomes feasible.
  • Siligato, Riccardo (2016)
    Plants possess the rare capability to shape the own architecture according to biotic and abiotic stimuli received from the environment. Spatially defined groups of cells, called meristems, contribute to the division and differentiation processes continuously occurring inside the organism. Meristems can be classified as primary meristems, if they are specified during embryogenesis, or secondary meristems, if they form from undifferentiated, quiescent cells outside the primary meristems. Primary meristems, like the Root Apical Meristem (RAM) and the Shoot Apical Meristem (SAM), coordinate the apical growth of the plant in opposite directions, while secondary meristems shape the radial architecture, regulating the thickness and branching of the primary root and shoot. Cambium is a secondary meristem which produces the vascular tissues xylem and phloem. Xylem transports water and minerals from the root to the photosynthetic tissues; it comprises lignified dead conducting cells called tracheary elements, living parenchyma cells, and lignified dead cells, called fibres, which confer mechanical support and strength. Phloem distributes glucose, RNA, viruses, and proteins from the photosynthetic sources to the sink cells; it consists of empty living sieve elements, supporting companion cells, and parenchyma cells. In order to investigate the regulation of primary and secondary growth, we developed a new chemically inducible system to control the timing and location of the induction of an effector or gene of interest. This enables us to avoid deleterious effects such as seed lethality or sterility when studying the role of a gene in a particular cell type. For example, the meristem cambium is difficult to access through normal techniques, since mutations affecting cambial cell divisions often inhibit the primary growth, too. We developed the inducible system by combining the Multi-Site Gateway cloning technology with the already extant XVE inducible system. This system was used to perform part of the research presented in the thesis. Phytohormones are involved in virtually every aspect of plant life, from development to stress response. They are small molecules which act cellautonomously or non-cell-autonomously to mediate the majority of developmental and environmental responses and, consequently, the activity of the meristems throughout the plant life cycle. Auxin and cytokinins, which were among the first phytohormones discovered, regulate almost every aspect of plant life, such as the division and differentiation processes occurring continuously in the RAM and SAM. The two phytohormones have long been known to interact, and recent studies have uncovered significant crosstalk on the level of biosynthesis, transport, signalling and degradation. We investigated the dynamic role of auxin in maintaining the balance between division, elongation, differentiation in the RAM of the model organism Arabidopsis thaliana. Our results confirm that an optimal level of auxin response is required for division and elongation, while differentiation mechanisms require just a minimal concentration of auxin to proceed normally. We discovered that auxin and cytokinin responses interact synergistically to specify the stem cells and to regulate the timing of divisions in the cambium of Arabidopsis thaliana. The auxin and cytokinin signalling pathways both have a positive role in triggering secondary growth, but the hierarchy of the crosstalk between them is still unclear. Finally, auxin transported via the AUX1/LAX auxin influx carriers regulates the differentiation of vessel elements in the later stages of root cambium development. In summary, we confirm that auxin and cytokinins behave as master regulators of meristematic activities throughout the root, as the signalling pathways associated with both phytohormones heavily influence primary and secondary growth.
  • Malminen, Toni Petteri (Unigrafia, 2016)
    The study is about the intellectual origins of a form of jurisprudence legal realism. A set of novel ideas about adjudication, legal education, property rights, freedom of contract, and administration of justice, legal realism was established between 1860 and 1960 by three generations of reformist European and American lawyers, philosophers, economists, sociologists, political scientists, and anthropologists who shared the conviction that various areas of social thought were infested with scientifically unsustainable and politically regressive ideas. With their sights fixed on the rise of political progressivism and social democracy, legal realists attempted to remold law for the felt necessities of the time. Through their activities as idea brokers, political confidantes, progressive judges, and innovating ideologists, they became pivotal figures in American and Swedish turn-of-the-century legal, cultural, and political history. This is a history of the intellectual origins of their ideas. The study argues that the early critique of formalism was targeted at not only formalism, positivism, and the systematic orientation of contemporary legal science but also at the romantic historicism of Savigny and his allies. Part 1 will argue that the shift from romanticism, idealism, and conceptualism toward legal realism was mediated by a novel historical sensibility I will call critical historicism. Offered as an alternative to metaphysical conceptions of history, critical historicism approached the past from a materialist and naturalistic vantage point. It also drew on contemporary cultural anthropology to gain a less parochial perspective on law and morals. With its novel historical consciousness, marked by a debunking spirit, instrumentalist vision of law and morals, and private sense of time, critical historicism mediated a shift from nineteenth-century historicism toward twentieth-century modernism and legal realism. Part 2 discusses the secularization of legal thought from the vantage point of legal realism. Although secularization was a major historical trend in the age of legal realism and realism was a distinctly secular approach to law and morals, no specialized study on the relationship between legal realism and the secularization of legal thought has been undertaken so far, a gap in scholarship I will begin to fill, although much more certainly needs to be done. The rise of legal realism coincided with the fall of the American Protestant Establishment and the crisis of the Church of Sweden, and realism was itself a step in the transformation toward pluralism and secularism in social thought. Part 3 addresses the legal skepticism and agonism of Jhering, Holmes, and Hägerström through their notion of law as a site of social struggle. Their turn toward conflict was driven simultaneously by contemporary political, economic, and social developments, including the rise of organized labor, and various intellectual currents such as Darwinism.
  • Leppälahti, Suvi (Helsingin yliopisto, 2016)
    Teenage pregnancy is recognized by the World Health Organization (WHO) as one of the main public health concerns worldwide. Teenage childbirth and motherhood are associated with substantial socioeconomic and health inequalities. Research concerning those who undergo abortion at a young age remains limited, partly due to lack of reliable data. The present register-based study was designed to assess teenage pregnancy in Finland from 1987 to 2012. The aim was to investigate the trends, determinants and health and social consequences of teenage abortion and childbirth. The trends in teenage abortion between 1987 and 2009 (n=52 968) were examined. The proportion of abortions among all teenage pregnancies remained steady throughout the study period, being 82% among 13- to 15-year-olds and 41% among 18- to 19-year-olds in 2007–2009. Great fluctuation in the incidence of teenage abortion was seen (8.0/1000 in 1993, 11.5/1000 in 2003 and 9.7/1000 in 2009 among all teenagers). Repeat abortions almost doubled among the 16- to 19-year-olds. Obstetric outcomes were compared between all nulliparous teenagers (13–19 years [n=7305], further analyzed in groups by specific age) and control women (25–29 years, n=51 142) with singleton deliveries in 2006–2011. Teenagers faced increased risks of maternal complications during pregnancy, including a risk of urinary tract infection (UTI) (adjusted OR 2.9 [1.8-4.8]), pyelonephritis (6.3 [3.8-10.4]) and eclampsia (3.2 [1.4-7.3]). However, they were more likely to have uncomplicated vaginal deliveries (1.9 [1.7-2.0)]. The 1987 Finnish Birth Cohort was used to analyze the determinants and consequences of teenage pregnancy up to 25 years of age: girls who had experienced underage (<18 years) abortion (n=1041, 3.6%) or childbirth (n=395, 1.4%) were compared with each other and with girls who had no pregnancies. Five percent of all the girls in the cohort experienced underage pregnancy. Early-onset behavioral and emotional disorders and poor socioeconomic background were associated with higher risks of childbirth, and to a lesser degree, abortion. Specific risk factors of underage induced abortion were psychoactive substance use disorders (2.2 [1.3-3.5]), and having a mother who smoked during pregnancy (1.5 [1.3-1.8]) or had undergone induced abortion (1.8 [1.5-2.2.]) When the early adulthood outcomes of those who had experienced underage abortion were compared with those who gave birth, no significant differences in the risks of psychiatric disorders were found. Those who underwent abortion were more likely to achieve higher educational levels (2.4 [1.2-5.0]). When compared with those with no pregnancies, both pregnancy groups had elevated risks of most adverse conditions, but the risks were similar before and after conception. In conclusion, the low incidence of teenage pregnancy in Finland suggests that reproductive health services function comparatively well. To add, abortion or childbirth per se was not associated with mental ill-health. However, a substantial proportion of girls who experience a teenage pregnancy have a disadvantaged background and mostly for that reason, they seem to be a risk group for adverse outcomes in adulthood. These girls should be offered extra attention by social and healthcare professionals to prevent unplanned teenage pregnancies and further marginalization.
  • Martelius, Laura (Helsingin yliopisto, 2016)
    The occurrence and significance of vertical lung ultrasound artifacts known as B-lines were investigated in children. B-lines are a non-specific sign of lung pathology. They can be used to estimate lung liquid and to diagnose lung disease. Healthy term infants, children with congenital heart disease undergoing cardiac surgery, and children undergoing computed tomography of the chest were included in the study. We examined whether the mode of delivery influences B-lines in healthy term infants and compared lung ultrasound with static lung compliance, computed tomography, and chest radiographs. B-lines were more numerous in infants born by elective cesarean section than in those born vaginally. Lung edema scores from lung ultrasound and chest radiographs correlated significantly, but B-lines and static lung compliance did not. A consistent association was present between the number of B-lines in ultrasound and the extent of parenchymal changes in computed tomography. B-lines appear suitable for documenting resolution of lung liquid during postnatal adaptation. They may indicate lung edema after cardiac surgery and detect lung disease in children.
  • Hyvönen, Maija (2016)
    Gliomas, malignant brain tumors, are among the most aggressive cancers in adults. Due to their invasive growth, resistance mechanisms and tendency to relapse, the prognosis of high-grade glioma patients is very poor. Therefore, to improve therapeutic strategies it is essential to study molecular mechanisms underlying the progression of gliomas and identify novel, glioma-specific proteins that could be therapeutically targeted. In this study we first mapped vascular markers of malignant gliomas to find potential candidates for tumor targeting. By using in vivo phage display method we identified a peptide, CooP, which, after systemic delivery, specifically homed to brain tumor satellites and their vasculature in mice. Coop was successfully used in tumor imaging and targeted drug delivery. We also identified mammary-derived growth inhibitor (MDGI) as an interacting partner for CooP in the brain tumor tissue and tumor-associated vasculature. Homing peptide-conjugated nanocarriers have shown great potential in targeting various tumors, including gliomas. Therefore, we estimated the potential of CooP peptide in the surface functionalization and targeted delivery of porous silica nanoparticles in vitro and in vivo. CooP-functionalized particles were shown to be stable, non-toxic and suitable for targeting MDGI expressing subcutanous xenografts. In the last part of this study we characterized the expression and function of MDGI in gliomas. Our immunohistochemical analyses revealed abundant MDGI expression in clinical brain tumor specimens and patient-derived gliospheres. In lower-grade glioma patients MDGI expression correlated with poorer overall survival. Importantly, also endothelium-associated expression of MDGI in the clinical samples was observed. Functional in vitro and ex vivo assays demonstrated that MDGI overexpression enhanced the aggressive growth of glioma cells, whereas even more striking changes occurred when MDGI was genetically silenced. MDGI silencing compromised the growth of human gliospheres, altered the expression of stress-related proteins, disrupted mitochondrial function and eventually caused apoptotic cell death. In addition, mass spectrometric analyses revealed significant changes in the intracellular metabolites after MDGI silencing. Together our results show that the glioma-specific CooP peptide can be utilized both in glioma imaging and targeted drug delivery as well as in biofunctionalization and targeting of nanoparticles in vivo. In addition, MDGI, the interacting partner of CooP, is abundantly expressed in malignant gliomas and essential for glioma cell survival. Since MDGI is reachable via intravenously injected agents, it could be a potential candidate for the targeted treatment of gliomas.
  • Holopainen, Tanja (Helsingin yliopisto, 2016)
    Angiopoietins (Angs) and vascular endothelial growth factors (VEGFs) regulate angiogenesis, the formation of new blood vessels, and lymphangiogenesis, the formation of new lymphatic vessels. Angiogenesis is important in cancer, because for continuous growth a primary tumor needs a supply of oxygen and nutrients delivered via blood vessels. In physiological conditions, the lymphatic vasculature serves to collect interstitial fluid as well as to absorb lipid particles. In the context of cancer, lymphatic vessels serve as a route for the metastatic dissemination of tumor cells. This dissertation aimed to explore the role of vascular endothelial growth factor receptor 3 (VEGFR3) and angiopoietin-2 (Ang2) in cancer progression. In particular, the roles of these proteins in the context of tumor angiogenesis and lymphangiogenesis as well as metastasis were investigated in two separate studies. In addition, the effects of the photodynamic ablation of intralymphatic cancer cells and lymphatic vessels on the development of metastases were explored. Furthermore, the effect of the endothelial bone marrow tyrosine kinase in chromosome X (Bmx) on tumor angiogenesis was investigated. We found that the inhibition of VEGFR3 reduces tumor blood vasculature and primary tumor growth. In the second study we found that in-transit tumor cells can be targeted with verteporfin-induced photodynamic therapy. The photodynamic ablation of lymphatic vessels was improved by combining this strategy with anti-lymphangiogenic therapies via the adenovirally mediated soluble expression of the VEGF-C/D trap. Bmx, a member of the Tec non-receptor tyrosine kinase family, was previously shown to promote tumor cell survival, but relatively little is known about the effect of this kinase on tumor biology. Here, we studied the effects of Bmx tumor angiogenesis by using Bmx gene-deleted mice. Some reduction of primary tumor growth in Bmx-/- mice was detected in several isogenic and oncogenic tumor models, along with some attenuation of tumor angiogenesis. Conversely, overexpression of Bmx resulted in increased tumor progression and angiogenesis. Ang2 is known to be a context-dependent agonist of the tyrosine kinase of the Tie2 receptor. Here, we analyzed the effect of Ang2 on metastatic dissemination into the lungs, finding that the overexpression of Ang2 enhanced lung metastasis. In contrast, Ang2 inhibition decreased the occurrence of lung metastases. In the ultrastructural analysis of the metastatic lungs using transmission electron microscopy, anti-Ang2 treatment attenuated tumor-associated changes in metastasis-associated lung capillaries. This dissertation demonstrates that the blockade of VEGFR3 inhibits tumor angiogenesis, and that the inhibition of Ang2 inhibits lymphatic and lung metastasis and improves endothelial integrity. Furthermore, we demonstrated the ability of photodynamic therapy to eradicate lymphatic vessels and intralymphatic cancer cells. These data provide a rationale for developing new cancer therapies targeting the lymphatics in order to reduce metastasis and tumor progression. Taken together, these results provide new insights into endothelial tyrosine kinase-mediated angiogenesis, tumor lymphangiogenesis, and vascular-based therapeutic strategies in cancer.
  • Al-Qaisi, Feda'a (2016)
    The conversion of carbon dioxide (CO2), an abundant renewable carbon reagent, into cyclic carbonate is of academic and industrial interest. Cyclic carbonate serve as green solvent and have some outstanding properties such as a high boiling point and low toxicity. Titanium and iron would be attractive metal candidates as benign and efficient alternative to other metal catalysis for CO2 conversion to cyclic carbonate, due combination of low toxicity and high Lewis acidity. In the present work the coupling reactions of carbon dioxide with epoxides to produce five-membered cyclic carbonates (propylene, 1-hexene, cyclohexene, styrene, and epichlorohydrin carbonates) were efficiently catalyzed either by sustainable metal-based catalysts of: (1) titanium alkoxide complexes/tetrabutylammonium salts; (2) Schiff base iron(III) complexes/onium salts; (3) bifunctional imidazole-Schiff base iron(III) complex; and (4) metal-free systems consisting of a simple, preferably primary or secondary, amines and halides with organic or inorganic cations (such as tetrabutylammonium or lithium chloride, bromide or iodide). Reactivity of the four above-mentioned catalytic systems was further studied and compared in the coupling reactions.
  • Heikkilä, Satu (Wolf Legal Publishers, 2016)
    This study focuses on the execution of the judgments of the European Court of Human Rights (Court) in Finland and especially on its effectiveness. The Court has so far delivered 138 judgments against Finland in which one or more violations of the Convention articles were found. The aim of this thesis is to study how these judgments have been executed by the Finnish authorities. The study showed that in Finland the national execution procedure was not very bureaucratic and that it seemed to work well. Most of the procedural shortcomings identified at the European level did not exist in Finland, and the majority of the proposed new ideas for increasing the procedural effectiveness seemed to already be in use. The research revealed that the overall effectiveness of execution in Finland was therefore at a very advanced level compared to some other countries. However, in absolute terms, there still seemed to be room for some improvement, especially in the co-operation between the Committee of Ministers and the Finnish government. When looking at the payment of just satisfaction and the taking of individual measures, the study showed that their execution was fairly effective in Finland, except in a few exceptional cases. In general the domestic authorities acted quickly and effectively when executing the Court s judgments as far as the payment of just satisfaction and the taking of individual measures were concerned. In these respects the execution could be qualified as effective both in the temporal and in the material sense. However, as far as reopening was concerned, it appeared that the Supreme Court s interpretations did not always demonstrate the most effective attitude towards the execution of judgments. It could thus be deduced that there was occasionally some reluctance on the part of the Supreme Court to actively give full effect to the Convention and the Court s case-law, especially in the context of reopening. The study also revealed that although the taking of general measures in Finland was mostly sometimes even extremely effective, both in a temporal and a material sense, in some situations there were certain visible signs of reluctance to take execution measures. This manifested itself as a certain wait and see mentality, which was visible in particular in situations in which more proactive attitudes would have been required. However, most of the general measures were taken effectively in Finland. One of the best examples of the effectiveness of the Finnish execution of general measures was the execution of the ne bis in idem cases, in which the execution was done long before the first judgments against Finland were even rendered. On the other hand, the taking of general measures in the length of proceedings cases represented a group of cases in which the temporal and material effectiveness of the execution was at its lowest.
  • Syrjä, Kari-Pekka (IPR University Center, 2016)
    The doctoral dissertation under the title Protection of the Service Concept and Intellectual Property Rights The service product and unfair imitation belongs to the field of intellectual property law. The dissertation consists of three parts and seven chapters. Firstly, the study focuses on whether the supplementary protection of achievement in relation to a service concept, in particular, a service product granted on the basis of article 1.1 under the Finnish Unfair Business Practices Act (SopMenL 1§ 1 mom.), can be justified and legitimized. Secondly, the study systemizes the general and specific criteria necessary for the supplementary protection of achievement under special circumstances and in a situation beyond IPR laws as well as provides an interpretation of these criteria. Thirdly, under the assumption that the respective law can be applied, the study investigates the substance and the form of protection arising from it in this context. The methods applied are the traditional approach of the normative theory of law (legal dogmatics) together with the method of comparative law, as demonstrated in a comparison to the respective laws of Germany and Sweden. The first part is the introduction to the topic. The second part includes Chapters 2 through 6. In Chapter 2 the legal framework of a service concept is introduced. This includes among other things how a service concept is positioned in legal dogmatics and in which way the legal right arising from the supplementary protection of achievement pursuant to article 1.1 under Finnish Unfair Business Practices Act (SopMenL 1§ 1 mom.) can be considered in legal doctrine de lege lata. Chapter 3 deals with the international legislative framework for unfair competition law, especially its general clause. The purpose of Chapter 4 is to deal with the historical development of the general clause [i.e. article 1.1 under the Finnish Unfair Business Practices Act (SopMenL 1§ 1 mom.] by drawing a comparison with the respective law in Germany (UWG). The specific emphasis is to examine how ratio legis and the secured interests of this law have changed over the course of social progress and what the impact has been in the context of the interpretation of law, especially in the context of the general clause. In Chapter 5 the general and specific criteria necessary for the supplementary protection of achievement under the general clause are systematized and interpreted for the application of those criteria in Chapter 6 in respect of the service concept. The third part comprises Chapter 7, which concludes the main remarks. Based on my research, the following can be concluded: Firstly, the study argues that a service concept may be protected under IPRs, but only in part. The supplementary protection of achievement according to Finnish Unfair Business Practices Act (Art. 1.1) beyond IPRs does not confer on the proprietor of a service concept an exclusive and absolute right, but only to the extent of relative intellectual property position (Art und Weise). Secondly, the comparison made between Finnish and German laws and their historical development proves that despite the almost identical ratio legis at the times of the enactment of the law in Germany and the law in Finland, the secured interests of the law diversified in the 1970s as the ideology of consumer protection penetrated into the Nordic countries, especially into Finland. At the same time, the German courts retained their attitude unchanged towards the secured interests. The UWG 2004 reform finally codified Schutzzwecktrias (i.e. the various secured interests for protection). Thirdly, although the general criteria regarding the application of the general clause are mostly parallel, the statutory law de lege lata differs [e.g. the Finnish Unfair Business Practices Act ( Art. 1.1) does not include any special criteria for application in case of unfair imitation] from the respective laws in Germany (UWG) and (MFL) in Sweden. Finally, the study argues that the supplementary protection of achievement in relation to a service concept, in particular a service product granted on the basis of Article 1.1 under the Finnish Unfair Business Practices Act against unfair imitation, is not excluded in a case, provided that (i) any of the respective IPRs cannot be applied to the case, (ii) the general and special criteria for protection are present, and (iii) there are special circumstances available such as the risk of distorted competition and market failure.
  • Robinson, Richard (Nord Print, 2016)
    This thesis is a social and cultural history of the drinking cultures that co-existed in Brighton, the biggest seaside resort in England, between 1880 and 1939. Its case study approach uses a distinct spatial setting to examine a plethora of perspectives on alcohol consumption, ones which extend well beyond the traditional foci of the public house and the temperance movement. Indeed, rather than seeing the licensed house as exclusively representative of the town s public drinking, it takes it as merely the most obvious form, before going on to consider tourist consumption, drunkenness, advertising and licensed clubs. These analyses are based on a close reading of both regulatory sources like licensing registers, police records and magistrates minutes and an array of regional publications, including newspapers, tourist guides and entertainment weeklies. Aside from expanding the scope of drink history, this study also offers an alternative history of the seaside resort, situating alcohol s paradoxical roles at the heart of its identity. Since Brighton attracted both high society and lowly day-trippers, it demonstrates this paradox well: it accepted alcohol s role in refined leisure experiences while simultaneously trying to quell the intoxicated excesses of the excursionist mass. However, one of the main findings of this thesis is that Brighton s eclectic mix of classes and relatively condensed tourist landscape ultimately resulted in more homogeneous drinking cultures than in other types of towns, particularly in the interwar period. The other significant finding of this study concerns drink history more directly. The period from 1880 to the end of the First World War is commonly seen as the most turbulent in the history of alcohol in England, and has been set in stark contrast to the more sober and more middle-class drinking climate of the interwar years. However, this study challenges the extent to which this mollified atmosphere was founded on more refined conduct, showing that transgressive drinking activities did not entirely die away. On the contrary, because drink was now an acceptable leisure option rather than a potential threat to the very fabric of society, disreputable drinking cultures whether those of working-class tourists or middle-class women were viewed in a more permissive light.
  • Nissel, Tzvika (Helsingin yliopisto, 2016)
    State responsibility is the doctrine that regulates international enforcement actions. Among international lawyers, there is a shared sense of mystery about State responsibility. While the doctrine clearly guarantees the enforceability of international law, its practice consistently languishes from a lack of international policemen. History is one lens through which to view this paradox. In this study, I describe the three most influential efforts to establish a legal standard for international enforcement actions: U.S. diplomatic practice, German legal theory and U.N. codification. In the late nineteenth century, lawyers in the U.S. State Department turned to international tribunals to redress alien injuries. These lawyers relied on international law to justify their legal intervention. Latin Americans, who were frequently the respondents of such claims, disputed the relevance of international law to its treatment of aliens; to them, alien protection was essentially a domestic affair. However, by the twentieth century, a U.S. practice of arbitration had established that States could be held responsible for breaching their international duties to protect aliens. The resulting awards were professional but haphazard. States were ordered to pay reparations for alien injuries, but why and how much they had to pay remained largely unarticulated. The first systematic treatment of State responsibility surfaced in late-nineteenth century Germany. These early writings were extrapolations from domestic principles of law rather than inductions of international awards. German lawyers viewed the U.S. practice of international arbitration as ad hoc settlements of private disputes rather than as the adjudication of public disputes. Thus, the German approach to State responsibility was not restricted to the field of alien protection in particular; it provide for the preconditions of international liability in general. When the U.N. undertook to codify the field, it chose to base its efforts on German theory rather than on the U.S. practice. This strategy divided State responsibility into general and specific parts. Generally, enforcement actions were subject to the U.N. doctrine. Exceptionally, a specific practice (e.g., alien protection) was permitted to continue as lex specialis. Contrary to many commentators, I see no crisis in this result. No singular doctrine has ever encapsulated the practice of international enforcement. Since the 1870s, international lawyers have employed State responsibility as a pliable concept to suit particular ends. By providing these perspectives, I hope to illustrate how three groups of lawyers practitioners, theorists and doctrinalists have been able to cope with the enduring mystery of State responsibility.
  • Saarinen, Sirkka (Edita Publishing Oy, 2016)
    OSAKEYHTIÖN JAKAMINEN TULOVEROTUKSESSA (TIIVISTELMÄ) Osakeyhtiön jakamisella tarkoitetaan normaalisti sellaista yritysrakenteen hajauttamista, jossa osakeyhtiön liiketoiminta tai liiketoimintoja siirretään yhdelle tai useammalle vastaanottavalle osakeyhtiölle, ja näiden yhtiöiden osakkeet siirtyvät vastaavasti jaettavan yhtiön tai sen omistustahon käsiin. Tässä tutkimuksessa painopistealueena ovat EU-oikeudellisen taustan omaavat yritysjärjestelymallit jakautuminen ja liiketoimintasiirto. Näitä yritysjärjestelymalleja verrataan tutkimuksessa myös kansallisen lainsäädäntötaustan omaaviin osakeyhtiön jakamisen tapoihin. Tutkimus painottuu tuloverotukseen, ja siinä on käytetty oikeusdogmaattista, kriittiseen arviointiin perustuvaa sekä veropoliittista lähestymistapaa. Osakeyhtiön jakamisella on monia liittymäkohtia yhtiöoikeudelliseen sääntelyyn. Yhtiöoikeutta tarkasteltaessa on otettu huomioon myös tähän alaan vaikuttavat EU-oikeuden yleisen järjestelmätason ominaispiirteet sekä erityisesti direktiivimuotoisen lainsäädäntöinstrumentin vaikutukset. Vero-oikeudellista järjestelmää tarkasteltaessa EU-oikeudella on samalla tavoin merkitystä, koska esimerkiksi osakeyhtiön kansainvälisiä jakamisia koskevat verotuksen sääntelymallit pohjautuvat EU-direktiiviin. Tämä direktiivi on toiminut lainsäädännöllisenä mallina myös kansallisia jakamisia koskevaa sääntelyä toteutettaessa, jolloin direktiivi voi ulottaa tulkintaa koskevia vaikutuksia myös tiettyihin Suomen sisäisiin, kansallisesti toteutettaviin toimintamalleihin. Tutkimuksessa on oikeudellista järjestelmää tutkittaessa ja arvioitaessa selvitetty myös EU:n integraatioprosessin yleistä merkitystä ja direktiivien vaikutustapoja sekä EU-oikeuden tulkintaongelmia erityisesti suomalaisen oikeustradition näkökulmasta. Tutkimuksessa pyritään selvittämään sitä, miten hyvän verojärjestelmän ominaisuudet (esimerkiksi neutraalisuus, maksukykyisyys, verovelvollisten yhdenmukainen kohtelu sekä oikeusvarmuus) ovat toteutuneet osakeyhtiön jakamista koskevan sääntelyn yhteydessä. Osakeyhtiön jakamisia toteutettaessa ilmenee erilaisia osakeyhtiölainsäädännön ja verolainsäädännön välisiä yhteensopimattomuustilanteita, ja niitä pyritään selvittämään ja arvioimaan myös veropoliittiselta kannalta. Yhtenä keskeisenä tutkimusongelmana on se, millaisia tulkintaongelmia on osakeyhtiön ja sen osakkeenomistajan verotuksessa osakeyhtiön jakamista koskevia verosäännöksiä sovellettaessa, ja millaisia ovat tulkintaongelmien ratkaisut käytännössä. Tutkimus painottuu kansallisiin osakeyhtiön jakamisiin, mutta siihen on lisäksi sisällytetty myös kansainvälistä vero-oikeutta koskeva lyhyehkö osa. Kansainvälisillä kysymyksillä on olennainen liittymä tutkimusaiheeseen, ja niiden avulla voidaan edistää myös EU-oikeuden vaikutusten selvittämistä kansallisen oikeusjärjestelmän tasolla. Osakeyhtiön jakamista koskeva keskeinen sääntely on luonteeltaan veronhuojennusperusteista, ja tätä taustaa vasten tutkimuksessa tarkastellaan myös veron kiertämistä ja veron välttämistä koskevia ilmiöitä sekä sitä, millaisia ratkaisutapoja veronkierto-ongelmiin on olemassa. Tutkimuksessa on selvitetty myös EU-oikeudellista oikeuksien väärinkäyttöä koskevaa ilmiötä ja sen merkitystä Suomen oikeusjärjestelmän näkökulmasta. Tutkimuksessa on tarkasteltu toisaalta lainsäädännön tasoa ja toisaalta lain soveltamisen tasoa. Esimerkiksi yhtiö- ja verolainsäädännön välisiä yhteensovittamisongelmia ilmenee käytännössä, ja ne synnyttävät jonkin verran ongelmia. Lisäksi etenkin kansainvälisen vero-oikeuden alalla on havaittavissa joitakin tarpeita lainsäädännön kehittämiseen. Suomen lainsäätäjä näyttää yleisesti onnistuneen melko hyvin yritysjärjestelydirektiivin implementoinnissa. Verolain soveltamiskäytännössä on kuitenkin ilmennyt joitakin ongelmia. Yritysjärjestelyiden monitahoinen luonne, niitä koskevan sääntelyn monimutkaisuus sekä etenkin kansainvälisissä yhteyksissä ilmenevä sääntelyn monikerroksisuus voivat toisinaan synnyttää käytännössä ongelmatilanteita, ja tältä pohjalta esimerkiksi ylimmän oikeusasteen linjanvetoihin ei voida kaikissa tapauksissa suhtautua kritiikittömästi. ASIASANAT: osakeyhtiö, yritysjärjestely, elinkeinoverotus, EU-oikeus, yhtiöoikeus
  • Katajamäki, Sakari (ntamo, 2016)
    Kukunor. Dream and the tradition of nonsense literature in Lauri Viitaʼs long poem This study examines Lauri Viita s (1916 1965) long poem Kukunor. Satu ihmislapsille [‛Koko Nor. A fairy tale for human children ] (1949) and its dream features from the perspective of the European tradition of literary nonsense. Here nonsense literature is defined as language-centred and play- or game-like literature, which balances meaning or a multiplicity of meaning with an absence of meaning. Usually, nonsense literature is topsy-turvy and self-reflective and it frequently represents emotions that are at odds with current events. In addition to earlier research on nonsense literature, the present study uses the three most canonical European nonsense writers Edward Lear, Lewis Carroll and Christian Morgenstern as the corpus for defining and analysing this literary genre. This study analyses the kind of relations Kukunorʼs dream features (i.e., structures and themes connected with dreaming) have with its nonsensical features. It examines Viitaʼs long poem from several structural and thematic perspectives. Most of the essential structural phenomena analysed in this survey include topsy-turvydom, palimpsest structures, and autocentricity. Other topics of analysis include epistemological matters and the instability of the subject or its identity. The main linguistic research themes of this study focus on anomalies regarding referentiality and arbitrariness, the concreteness of language and literature, and linguistic generation. The epithet dream has seen repeated use in the context of nonsense literature, and many surveys have dealt with the relations between dreaming and nonsense, though not in depth. Thus, this study is both an analysis of Viitaʼs long poem and a survey of the interrelation between dreams and nonsensicality in the European canon of literary nonsense. The present study argues that many confusing or incoherent features in Kukunor embody many structures of dreams and nonsense literature. The survey of these intertwining structural, stylistic and thematic characteristics helps to perceive Viitaʼs long poem and the relations between its parts in new ways. Contrary to the view of Elizabeth Sewellʼs eminent book The Field of Nonsense (1952), the key features of the nonsense genre correspond in various ways with many characteristics of dreaming. In Kukunor, Lauri Viita masters both the structural features of dreaming and the poetics of nonsense literature. Kukunor is exceptional among Viita s literary works, but analysing it offers new perspectives for understanding Viita s entire oeuvre.