Most Asian cities have grown more congested, more sprawling, and less livable in recent years, and statistics suggest that this trend will continue. Rather than mitigate the problems, transport policies have often exacerbated them. In this publication, ADB outlines a new paradigm for sustainable urban transport that gives Asian cities a workable, step-by-step blueprint for reversing the trend and moving toward safer, cleaner, more sustainable cities and a better quality of urban life.
Most Asian cities have grown more congested, more sprawling, and less livable in recent years; and statistics suggest that this trend will continue. Rather than mitigate the problems, transport policies have often exacerbated them. In this book, ADB outlines a new paradigm for sustainable urban transport that gives Asian cities a workable, step-by-step blueprint for reversing the trend and moving toward safer, cleaner, more sustainable cities, and a better quality of urban life.
"Electric bikes (e-bikes) provide low-cost, convenient, and relatively energy-efficient transportation to an estimated 40 million–50 million people in the People's Republic of China (PRC), quickly becoming one of the dominant travel modes in the country. As e-bike use grows, concerns are rising about lead pollution from their batteries and emissions from their use of grid electricity, primarily generated by coal power plants. This report analyzes the environmental performance of e-bikes relative to other competing modes, their market potential, and the viability of alternative battery technologies. It also frames the role of e-bikes in the PRC's transportation system and recommends policy for decision makers in the PRC's central and municipal governments."
While the use of electric two-wheelers has increased in the People's Republic of China (PRC) in the past decade, such unparalleled growth has not extended beyond the PRC's borders to countries, such as India and Viet Nam, where environmentally detrimental gasoline motorcycles dominate. This report documents market conditions in Ahmedabad, India, and Ha Noi, Viet Nam, to explain why this is so, and analyzes the potential environmental impact of electric two-wheelers to show how they could chart a path toward sustainable transport in these and other countries in the region.
While the use of electric two-wheelers has increased in the People's Republic of China (PRC) in the past decade, such unparalleled growth has not extended beyond the PRC's borders to countries, such as India and Viet Nam, where environmentally detrimental gasoline motorcycles dominate. This report documents market conditions in Ahmedabad, India, and Ha Noi, Viet Nam, to explain why this is so, and analyzes the potential environmental impact of electric two-wheelers to show how they could chart a path toward sustainable transport in these and other countries in the region.
Most Asian cities have grown more congested, more sprawling, and less livable in recent years, and statistics suggest that this trend will continue. Rather than mitigate the problems, transport policies have often exacerbated them. In this publication, ADB outlines a new paradigm for sustainable urban transport that gives Asian cities a workable, step-by-step blueprint for reversing the trend and moving toward safer, cleaner, more sustainable cities and a better quality of urban life.
Most Asian cities have grown more congested, more sprawling, and less livable in recent years; and statistics suggest that this trend will continue. Rather than mitigate the problems, transport policies have often exacerbated them. In this book, ADB outlines a new paradigm for sustainable urban transport that gives Asian cities a workable, step-by-step blueprint for reversing the trend and moving toward safer, cleaner, more sustainable cities, and a better quality of urban life.
"Electric bikes (e-bikes) provide low-cost, convenient, and relatively energy-efficient transportation to an estimated 40 million–50 million people in the People's Republic of China (PRC), quickly becoming one of the dominant travel modes in the country. As e-bike use grows, concerns are rising about lead pollution from their batteries and emissions from their use of grid electricity, primarily generated by coal power plants. This report analyzes the environmental performance of e-bikes relative to other competing modes, their market potential, and the viability of alternative battery technologies. It also frames the role of e-bikes in the PRC's transportation system and recommends policy for decision makers in the PRC's central and municipal governments."
Author's introductionThe process of globalization can be defined in neutral terms as the increasing cross‐border flows of goods (e.g., coca‐cola, cocaine), services (e.g., McDonalds, prostitution), money (e.g. family cash, corporate banking), people (e.g., migration, vacation), information (e.g., internet, movies), and culture (e.g., fashion, religion), resulting in greater economic and political interdependence. Defined in this way, globalization appears rather benign – even positive. But in truth, the 'interdependence' that is being created is not one of equality or hope for most people in the world. Multinational corporations are certainly benefiting from globalization, but ordinary workers are not. In this article, I explore the way in which globalization is altering social identities in ways that are both exploitive and liberating.Author recommendsJoseph E. Stiglitz, Globalization and its Discontents (New York, NY: W.W. Norton and Company, 2002).This is an important and influential critique of globalization written by a Nobel Prize winning economist. During his career as an academic, Stiglitz was a strong advocate of economic globalization, but after serving as a White House advisor and Chief economist at the World Bank, his opinion changed. He wrote this book in an attempt to publicize the devastating effect of globalization on developing countries. Written for a general audience, Stiglitz explains how globalization managed from the top down must be radically revised before the poor will benefit from global economic policies.Barbara Ehrenreich and Arlie Russell Hochschild, Eds, Global Women: Nannies. Maids, and Sex Workers in the New Economy (New York, NY: Henry Holt and Company, 2002).This research anthology offers extensive documentation of the real world impact of economic globalization on women and their families. Fifteen chapters cover a range of penetrating investigations of women from across the globe who migrate, suffer and sometimes surrender in their quest for economic security. A common theme is the immense sacrifice made by mothers and children who are struggling to carve out a life amidst the powerful forces of a new global economy. The studies provide heart‐wrenching evidence that economic policies managed from the top, serve to exploit the poor, alter women's lives, and change the meaning of family.Jan Nederveen Pieterse, Globalization and Culture: Global Mélange (Lanham, MD: Rowman and Littlefield, 2004).The potential impact of globalization on world cultures is explored in this brief but highly instructive book. Jan Nervenn Pieterse offers an accurate summary of competing theories of cultural globalization and artfully guides the reader through important intellectual debates. Does globalization lead to greater cultural integration? Are unique cultural identities and practices dissolving under the pressure of globalization? Is the world becoming uniform, standardized, and homogenized? There are no certain answers to these questions, but the author argues forcefully that globalization is leading to hybrid cultures with greater diversification and cultural mixing – a global mélange.Jeremy Brecher, Tim Costello and Brendan Smith, Globalization from Below: The Power of Solidarity (Cambridge, MA: South End Press, 2000).The worldwide movement of resistance to top‐down globalization is reviewed, defended and advocated in this powerful little book. This inspirational volume is much more than an academic analysis of the anti‐globalization movement; it is an answer to all those who ask, 'What can be done?' The historical power of social movements is a guiding theme from start to finish. Chapters examine a global program for change, practical policy initiatives, and opportunities for participating in grassroots democracy. This is an outline for hope and a pragmatic strategy for how globalization can be altered from the bottom‐up.Hubert J. M. Hermans and Giancarlo Dimaggio, 'Self, Identity, and Globalization in Times of Uncertainty: A Dialogical Analysis', Review of General Psychology, 11(2007), 31–61.This is an excellent review article that examines the psychological consequences of globalization. According to the authors, the social, cultural and economic changes associated with globalization have disrupted traditional life patterns and have called in to question normative expectations. As a consequence, many individuals are left with a powerful sense of psychological uncertainty that motivates individuals and groups to find local niches to construct a stable identity. The organizing argument is that the processes of globalization and localization (globalization's counterforce) require a conceptualization of self and identity in which global and local voices are involved in continuous interchanges and negotiations.Jan E. Stets and Peter J. Burke, 'A Sociological Approach to Self and Identity'. In: Mark Leary and June Tangney (Eds), Handbook of Self and Identity (Guilford Press), 128–152.In this review article, the authors present a nice summary of a particular sociological view of self and identity. George Herbert Mead influences their approach, which falls within the theoretical tradition known as 'structural symbolic interactionism'. A key insight is that our conceptions of self are organized by larger social structures, while at the same time, social structures emerge from individual actions. The review includes an examination of different types of identities, the influence of social roles, and the impact of emotions.Online materialsGeorge Herbert Mead http://www.iep.utm.edu/m/mead.htm Mead is one of the most influential theorists of the self. His life and work are reviewed in detail at this site.Global Capitalism: The World Trade Organization http://www.wto.org/ The World Trade Organization (WTO) is one of the most powerful economic institutions in modern history. It is the organization through which top‐down, capitalists, and powerful nation states implement global economic policy. At this site, the WTO defends its goals and explains its operations and strategies.Fundamentalist Responses to Globalization http://www.jihadunspun.com/index.php This controversial web site represents the political and cultural interests of some Islamic fundamentalists. A significant portion of the site is devoted to news stories from the Middle East where Islamist groups are engaged in political and military battles with competing political parties and nation states. This particular web site illustrates both a fundamentalist response to globalization and the global communication tools employed by some fundamentalist groups.Democratic Responses to Globalization http://www.forumsocialmundial.org.br/index.php?cd_language=2&id_menu= The World Social Forum is an excellent example of how democratic resistance to top‐down globalization is global in scope. At this site, one can see evidence of bottom‐up, grassroots organizing. Learn how social movements, NGOs, and other civil society organizations come together to debate ideas and formulate proposals for ending top‐down globalization. http://www.globalexchange.org/index.html Global Exchange is another organization committed to resisting the destructive effects of globalization. This site provides a bottom‐up perspective on international trade and a wide range of resources for democratic activists. Video links also offer illustrations of some recent protest actions. http://www.topics‐mag.com/globalization/page‐resist.htm This simple but instructive site gives a basic introduction to globalization and provides several examples of local people from across the globe who are working to resist the homogenizing and harmful effects of capitalist globalization. Examples include campaigns to protect regional cuisines in Korea, France, and Brazil by protesting fast food chains and advocating for a 'slow food' movement.Sample syllabus Globalization from Above and Below Week 1: The Sociology of Globalization Anthony Giddens, Runaway World: How Globalization is Reshaping Our Lives (New York, NY: Routledge, 2003). Weeks 2–6: Globalization from Above Joseph E. Stiglitz, Globalization and its Discontents (New York, NY: W.W. Norton and Company, 2002).Naomi Klein, The Shock Doctrine: The Rise and Fall of Disaster Capitalism (New York, NY: Metropolitan Books, 2007).Barbara Ehrenreich and Arlie Russell Hochschild, Eds., Global Women: Nannies. Maids, and Sex Workers in the New Economy (New York, NY: Henry Holt and Company, 2002).Video: China Blue (Teddy Bear Films, 2006).This breathtaking documentary of life in a Chinese sweatshop is an excellent illustration of how globalization from above connects and exploits workers from across the globe (88 minutes). Weeks 7–10: Globalization and Culture John Tomlinson, Globalization and Culture (Chicago, IL: University of Chicago Press, 1999).Jan Nederveen Pieterse, Globalization and Culture: Global Mélange (Lanham, MD: Rowman and Littlefield, 2004).George Ritzer, The Globalization of Nothing (Thousand Oaks, CA: Pine Forge Press, 2004).Video: Wal‐Mart: The High Cost of Low Price (Brave New Films, 2005).This is a penetrating documentary that exposes the dark side of Wal‐Mart's ruthless global expansion (95 minutes). Weeks 12–15: Globalization from Below Jereny Brecher, Tim Costello and Brendan Smith, Globalization from Below: The Power of Solidarity, (Cambridge, MA: South End Press, 2000).Leslie Sklair, 'Social Movements and Global Capitalism', Sociology, 29 (1995), 495–512.Walden Bello, Deglobalization: Ideas for a New World Economy (London, UK: Zed Books, 2005)Video: This is What Democracy Looks Like (Big Noise Films, 2005).Here, we find remarkable documentary examination of the 'Battle in Seattle' when 50,000 activists from across the globe effectively shut down the ministerial meetings of the World Trade Organization in 1999 (72 minutes).Notes * Correspondence address: Peter L. Callero, Western Oregon University, 345 North Monmouth Avenue, Monmouth, OR 97361, USA. Email: callerp@wou.edu
The point of departure of this paper is that in the absence of effectively functioning asset markets the distribution of wealth matters for efficiency. Inefficient asset markets depress total factor productivity (TFP) in two ways: first, by not allowing efficient firms to grow to the size that they should achieve (this could include many great firms that are never started); and second, by allowing inefficient firms to survive by depressing the demand for factors (good firms are too small) and hence factor prices. Both of these effects are dampened when the wealth of the economy is in the hands of the most productive people, again, for two reasons: first, because they do not rely as much on asset markets to get outside resources into the firm; and second, because wealth allows them to self insure and therefore they are more willing to take the right amount of risk. None of this, however, tells us that efficiency enhancing redistributions must always be targeted to the poorest. There is some reason to believe that a lot of the inefficiency lies in the fact that many medium size firms are too small.
In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system
In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system
In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system
Inhaltsangabe:Introduction: Climate change represents an ongoing threat, not only since it attracted growing media attention in recent years. Therefore, scientists urge to reduce the concentration of carbon dioxide in the atmosphere in order to prevent most disastrous consequences. One method, chosen by the international community to achieve this reduction and therewith mitigate global warming, is via the establishment of so called carbon markets. Most famous example is probably the European Emissions Trade System (EU ETS), where pollution allowances can be exchanged among actors. The reduction then is achieved by the setting of a ceiling or cap by authorities. Besides, there are also voluntary carbon markets where actors aim at reducing emissions with self-imposed targets. Objective of this paper will be to elucidate this unregulated market for carbon commodities and understand its functioning. Since voluntary carbon trading was largely criticised for a lack of quality and transparency, methods to overcome such weaknesses shall be presented and evaluated as well. Beginning with an overview of different systems of carbon trading, the reader will subsequently learn about existing and emerging carbon markets, their characteristics and performance. Notably compliance and non-mandatory schemes will be distinguished. Juxtaposition will allow for evaluating strengths and weaknesses of both systems. For gaining an understanding of the supply chain in the voluntary carbon market and comprehend underlying motivations, a presentation of market players will follow in the second chapter. Based on market actors' motives, a model for 'high quality' carbon commodities will be established in the third part, whereby criticism is also taken into account. An examination of instruments to enhance quality and to overcome shortcomings of non-mandatory markets will be examined in the following. The fourth chapter will provide an evaluation of and an outlook on the beforehand discussed quality mechanisms. Additionally, different scenarios will be developed in order to predict the future of voluntary carbon trading.Inhaltsverzeichnis:Table of Contents: Acknowledgementsii Executive Summaryiii Table of Figuresx Table of Boxesxi Abbreviations and Acronymsxi Introduction1 1.An Overview of Existing Carbon Markets2 1.1Regulated Markets4 1.1.1The Kyoto Protocol4 1.1.2European Emissions Trading Scheme6 1.1.3Other Planned Trading Schemes under the Kyoto Protocol7 1.1.4Australia, finally committing to Kyoto8 1.1.5North American Initiatives9 1.2Unregulated Carbon Markets10 1.2.1Chicago Climate Exchange and Australia Climate Exchange10 1.2.2Functioning of Voluntary Carbon Markets11 1.2.3Market Volume and Prices13 1.2.4Market Dispersion14 1.2.5Project Types and Locations16 1.3Innovation or Security - Choice of Voluntary or Compliance Market18 2.Along the Supply Chain of Carbon Offsetting - Market Players26 2.1Project Developers27 2.2Verification Organisations30 2.2.1Verification and Labelling31 2.2.2Verifying the Verifiers - Greenpeace and Co.32 2.3Offset Suppliers33 2.3.1Non Profit Sellers - Changing the World for a Better35 2.3.2Brokers and Consultants - Drivers for Innovation36 2.3.3Investment Banks, Funds and Speculators - Important Investors38 2.3.4Wholesalers and Retailers - Profit Seeking Middlemen40 2.3.5Companies - Jumping on the Carbon Neutral Train41 2.4Purchasers of Carbon Offsets44 2.4.1Individuals - Underrepresented Target Group47 2.4.2Business - Most Attractive Large-Scale Purchasers48 2.4.3Events - Accounting for Carbon Footprints49 2.4.4Public Institutions and Governments - Combining Efforts towards a Low-Carbon Society50 2.4.5NGO's - Sceptic Customers51 3.Instruments for Quality Enhancement52 3.1Criticism and Problems of the Voluntary Market55 3.2Standards and Labels60 3.3Registries62 3.4Carbon Exchanges64 3.5Governmental Action65 3.5.1Sensitisation of the public66 3.5.2Regulatory framework66 3.5.3Initiator for Action67 3.6Guides and Codes68 3.7Credit Ratings70 3.8Managerial Approaches towards Quality71 3.8.1Benchmarking72 3.8.2Strategic Alliances73 3.8.3Environmental Risk Management74 3.8.4Green Teams75 4.Evaluation of Quality Instruments and Perspectives76 4.1Evaluation of Quality Instruments77 4.2Review on Experts' Opinions towards the Future of Voluntary Offsetting82 4.2.1Investors See Necessity to Overcome Structural Barricades82 4.2.2Consultants Predict Continued Growth83 4.2.3Conservationists Call for Faster and Deeper Change84 4.2.4Offset Suppliers Lack Overarching Market Information85 4.3Scenario 1: An Overregulated Voluntary Market86 4.4Scenario 2: A Supply Driven Market87 4.5Scenario 3: A Demand Driven Market89 4.6Scenario 4: Aligning Supply and Demand90 Conclusion95 Glossaryxii BibliographyxivTextprobe:Text Sample: Chapter 2.4.1, Individuals – Underrepresented Target Group: Voluntary offsetting provides individual consumers with the possibility to account for their personal carbon footprint. Compliance markets do not allow for such transactions due to structural restraints. For reducing or neutralising individual emissions, consumers may: - either purchase offsets directly from retailers; - or make environmentally conscious purchase decisions, as for instance with the ClimateSmart™ program from PGE. Retailers generally provide a so called carbon calculator on their websites. Therewith, consumers can determine the amount of carbon produced by their activities and purchase the corresponding amount of offsets. Mostly, this is done for air travel, but increasingly for domestic activities, too. Second option is the participation in offset programs, increasingly offered by businesses, or the choice of offset products (as for instance financial services, see section 2.3.5 on Companies – Jumping on the Carbon Neutral Train). Though, a discrepancy between consumers' commitments and actions has been observed by recent research. The GfK Rauper Green Gauge study concerning US consumer's behaviour for instance found that 82% of Americans claim to be seriously concerned about environmental issues, whereas only 28% made corresponding purchases during the last two months (Makover 3). With view on the country's objective to become 'carbon neutral', Norway's environmentalist Frederic Hauge sharply points on the mayor problem of most developed countries: 'We are a nice little country of petroholics and that has made us lazy', Frederic Hauge, head of Norway's largest environmental monitoring organisation Bellona. Therefore, incentives have to be created in order to further motivate individuals to change their high-carbon habits. The UK government for instance considers the introduction of a personal carbon trading scheme. But how can this target group be stimulated via market mechanisms? Harris' survey among retailers suggested that price and additional benefits are prevailing decision factors for consumers of this supplier group. Quality concerns seemed to be less important. Weakness of this study is that retailer's customers are not solely individuals and the small size of the sample (26 answers). Nevertheless, one may deduce that for motivating individuals to become more active on the voluntary carbon market, businesses have to offer products with added environmental value at low prices. This can be achieved by means of already mentioned strategic partnerships. Thus, a greater choice of offset products or commodities with the option to offset will stimulate individuals to increasingly participate in the voluntary carbon market. Another quality enhancing tool is education and transparency to gain credibility. The better informed consumers are, the more likely they will decide for offset products. Business – Most Attractive Large-Scale Purchasers: Besides the above discussed possibility to sell carbon credits, businesses may also purchase offsets. Dell or the often cited HSBC bank are just a small selection of examples for voluntary offsetters. Three forms of participation exist: Firstly, entities aiming at neutralising emissions from corporate operations for corporate social responsibility reasons. The second group comprises businesses purchasing carbon credits for resale, either in regard of future regulations or for profit reasons, see previous section. Third possibility for corporations to act as purchasers is to neutralise product life cycle emissions for offering 'carbon neutral' commodities. As evaluated before, major motives are corporate social responsibility and image concerns. Additionally, the discovered wish for valuable offsets will drive the development of projects with high quality features and co benefits, depending on the entity's purposes. Similarly to individuals, businesses are not yet 'walking their talk'. A McKinsey survey found that 60% of global executives consider climate change as important issue. Almost the same amount (61%) even acknowledges that with the right management such issues may have 'a positive effect on profits'. Though, solely 30% 'frequently or always consider climate change in overall strategy'. The study also confirms observations that entities are influenced by factors such as 'corporate reputation, media attention to climate change, and customer preferences'. Despite the perceptible discrepancy between words and actions, corporate offset buyers will lead the drive towards quality in unregulated carbon markets, in order to maintain credibility face to their customers. Events – Accounting for Carbon Footprints: Not only corporations account for their carbon footprints, event organisers also discover this tool for attracting media attention or mitigating negative environmental effects. The role of events in the carbon market, if there is any; correspond to awareness raising and education. As examples hereof may be named the Life Earth concerts, the UNFCCC conference in Bali 2007, the Olympic Games in Beijing 2008 or the FIFA Soccer World Cup two years earlier in Germany which are claiming to be 'carbon neutral'. Since event related offsetting intends to communicate and raise awareness, public and event participants need to understand projects easily. Therefore, carbon credits are chosen according to their public appeal. For instance forestation is a comprehensible and easily marketable action. Projects with additional benefits are also preferred for their communication possibilities. So, event organisers will rather support 'charismatic' offset projects. Public Institutions and Governments – Combining Efforts towards a Low-Carbon Society: What role do public actors play in an unregulated market? Since regulation potentially restricts the voluntary carbon market, governments are reluctant to act in this regard. However, in the UK research and dialogue is undertaken to design a profitable and market oriented framework, see Box 5 below for more information. As purchasers of carbon credits, governments only play a minor role with 0.4% of transactions effected in 2007. Nevertheless, announcements of towns, communes and even entire countries to become 'carbon neutral' do not cease. In February 2008 for instance, the United Nations Environment Programme announced the launch of a Climate Neutral Network. New Zealand, Iceland, Costa Rica and the world's third largest oil exporter Norway joined this initiative to reduce emissions to zero with together four towns and five corporations.
In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system
