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Issues of cyber warfare in international law ; Kibernetinio karo problematika tarptautinėje teisėje
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
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Issues of cyber warfare in international law ; Kibernetinio karo problematika tarptautinėje teisėje
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
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Aktualios tarptautinės kosmoso teisės problemos ; Topical issues of international space law
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
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Aktualios tarptautinės kosmoso teisės problemos ; Topical issues of international space law
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
BASE
Aktualios tarptautinės kosmoso teisės problemos ; Topical issues of international space law
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
BASE
Aktualios tarptautinės kosmoso teisės problemos ; Topical issues of international space law
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
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Tarptautinė taika ir saugumas jūrų erdvėje ; International peace and security in maritime domain
The research aims at establishing which activities or situations in maritime domain, which threaten maritime safety and / or maritime security, fall within the concept of international peace and security. Having demonstrated the validity of the international law principles that safeguard international peace and security in maritime area, the research reveals a changing list of the threats to international peace and security, which now encompasses activities and situations at sea, including terrorism, sea piracy and armed robbery against ships, proliferation of weapons of mass destruction, etc. A maritime space safe from such kind of threats generally means maritime security. Thus, a great part of the threats to maritime security are or may constitute threats to international peace and security, subject to their recognition as such threats by the United Nations Security Council in its resolutions. Usually such threats also pose risk to maritime safety (safety at sea, safety of navigation, ships, crew and passengers); however, any threat to maritime safety does not necessarily endanger maritime security or amount to the threat to international peace and security.
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Antikomunistinis Kongresas ir Tarptautinio Vilniaus Visuomeninio Tribunolo procesas "Komunizmo nusikaltimu̜ i̜vertinimas", 2000
Prohibition of Incitement to Hatred in International Law ; Neapykantos kurstymo draudimas tarptautinėje teisėje
The thesis investigates the issue of the prohibition of incitement to hatred in International law. This issue is covered by a different international instruments, which have different approaches on its understanding. The case law created by the international judicial bodies which is empowered to examine complains on actions of States reflects this situation with an ambiguous and sometimes controversial decisions. Similar situation is observed in the academic field, there are different approaches on the understanding the public incitement to hatred. At the same time, current and future challenges, such as the world crisis, armed conflicts, globalization and migration create conditions in which there is a high possibility of the intolerant discriminative atmosphere in which one group may be incited towards another. The development of information technologies, such as social media and the Internet as such, provide fast and unlimited circulation of information, which also may include incitement to hatred. Due to that facts, it is crucial to create a unified approach on the public incitement to hatred, which covers relevant legislation, judicial practice and the findings of scholars and may be used by the national and international authorities to determine and eliminate different forms of public incitement to hatred.
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Prohibition of Incitement to Hatred in International Law ; Neapykantos kurstymo draudimas tarptautinėje teisėje
The thesis investigates the issue of the prohibition of incitement to hatred in International law. This issue is covered by a different international instruments, which have different approaches on its understanding. The case law created by the international judicial bodies which is empowered to examine complains on actions of States reflects this situation with an ambiguous and sometimes controversial decisions. Similar situation is observed in the academic field, there are different approaches on the understanding the public incitement to hatred. At the same time, current and future challenges, such as the world crisis, armed conflicts, globalization and migration create conditions in which there is a high possibility of the intolerant discriminative atmosphere in which one group may be incited towards another. The development of information technologies, such as social media and the Internet as such, provide fast and unlimited circulation of information, which also may include incitement to hatred. Due to that facts, it is crucial to create a unified approach on the public incitement to hatred, which covers relevant legislation, judicial practice and the findings of scholars and may be used by the national and international authorities to determine and eliminate different forms of public incitement to hatred.
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Mokesčių našta ir tarptautinė mokesčių konkurencija ; Tax "burden" and international tax competition
The article deals with the interconnected issues of tax "burden" and international tax competition. Author bases his argumentation vis'a vis these issues on holistic assumptions, namely on the postulates that the public sector is part of the economy and that taxes are not simply a burden laid down on the private sector, but the source of investment in the production (procurement) of public goods. Furthermore, author stresses that for more than a century one can follow the tendency of the increasing share of tax revenues in the national product, the so-called as Wagner's law. In recent decades, another - international-factor of fiscal policy is playing an increasingly importan role. This is tax competition among national states. This factor poses threat to tax bases of sovereign countries and leads, as some assume, to the appearance of tax havens, tax poaching, race-to-the botton, social dumping and other negative phenomenan which distort the natural course of economic development. This trend is supported by power centers which pursue the individualistic economic strategy and base their perception of economy on the premises of methodological individualism. Some other power centers, institutions, on the other hand, resist this tendency as harmful to the global welfare. The United Nations, OECD and partly EU assert that international harmonization in the field of taxation could be conductive to economic growth and prosperity of mankind.
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Mokesčių našta ir tarptautinė mokesčių konkurencija ; Tax "burden" and international tax competition
The article deals with the interconnected issues of tax "burden" and international tax competition. Author bases his argumentation vis'a vis these issues on holistic assumptions, namely on the postulates that the public sector is part of the economy and that taxes are not simply a burden laid down on the private sector, but the source of investment in the production (procurement) of public goods. Furthermore, author stresses that for more than a century one can follow the tendency of the increasing share of tax revenues in the national product, the so-called as Wagner's law. In recent decades, another - international-factor of fiscal policy is playing an increasingly importan role. This is tax competition among national states. This factor poses threat to tax bases of sovereign countries and leads, as some assume, to the appearance of tax havens, tax poaching, race-to-the botton, social dumping and other negative phenomenan which distort the natural course of economic development. This trend is supported by power centers which pursue the individualistic economic strategy and base their perception of economy on the premises of methodological individualism. Some other power centers, institutions, on the other hand, resist this tendency as harmful to the global welfare. The United Nations, OECD and partly EU assert that international harmonization in the field of taxation could be conductive to economic growth and prosperity of mankind.
BASE
Mokesčių našta ir tarptautinė mokesčių konkurencija ; Tax "burden" and international tax competition
The article deals with the interconnected issues of tax "burden" and international tax competition. Author bases his argumentation vis'a vis these issues on holistic assumptions, namely on the postulates that the public sector is part of the economy and that taxes are not simply a burden laid down on the private sector, but the source of investment in the production (procurement) of public goods. Furthermore, author stresses that for more than a century one can follow the tendency of the increasing share of tax revenues in the national product, the so-called as Wagner's law. In recent decades, another - international-factor of fiscal policy is playing an increasingly importan role. This is tax competition among national states. This factor poses threat to tax bases of sovereign countries and leads, as some assume, to the appearance of tax havens, tax poaching, race-to-the botton, social dumping and other negative phenomenan which distort the natural course of economic development. This trend is supported by power centers which pursue the individualistic economic strategy and base their perception of economy on the premises of methodological individualism. Some other power centers, institutions, on the other hand, resist this tendency as harmful to the global welfare. The United Nations, OECD and partly EU assert that international harmonization in the field of taxation could be conductive to economic growth and prosperity of mankind.
BASE