Suchergebnisse

This master thesis provides an analysis of the legality of preemptive self-defence under international law. In assessing the lawfulness of preemptive self-defence two basic sources of international law: customary and treaty law are examined. The analysis of the UN Charter rules showed that there is strong disagreement between scholars regarding the legality of anticipatory self-defence. However, the term "armed attack" in article 51 UN Charter should embrace imminent threats. Two basic reasons are: the advent of weapons of mass destruction (WMD) and new methods of warfare; the inherent right of anticipatory self-defence was not exhausted after the adoption of the UN Charter. The examination of customary international law showed that the Caroline doctrine allows states to act in anticipation of an armed attack if the requirements of necessity and proportionality are fulfilled. In addition, the analysis of state practice and opinion juris prior and after September 11, 2001, revealed that anticipatory self-defence is not prohibited. The conclusion is maid that the right of anticipatory self-defence, if requirements of necessity and proportionality are fulfilled, is not illegal under international law. In contrast, the analysis of the UN Charter rules showed that preemptive self-defence against perceived threats is not legal under the UN Charter, because there is no actual armed attack or imminent threat against which state can legally defend itself. In addition, preemptive use of military force against emerging threats has no safeguards. The examination of customary law prior and after September 11, 2001, revealed that a new rule, which would allow states to use military force in self-defence, was not created, because there is a lack of opinio juris and state practice. The conclusion is drawn that preemptive use of force is not legal under international law.

This master thesis provides an analysis of the legality of preemptive self-defence under international law. In assessing the lawfulness of preemptive self-defence two basic sources of international law: customary and treaty law are examined. The analysis of the UN Charter rules showed that there is strong disagreement between scholars regarding the legality of anticipatory self-defence. However, the term "armed attack" in article 51 UN Charter should embrace imminent threats. Two basic reasons are: the advent of weapons of mass destruction (WMD) and new methods of warfare; the inherent right of anticipatory self-defence was not exhausted after the adoption of the UN Charter. The examination of customary international law showed that the Caroline doctrine allows states to act in anticipation of an armed attack if the requirements of necessity and proportionality are fulfilled. In addition, the analysis of state practice and opinion juris prior and after September 11, 2001, revealed that anticipatory self-defence is not prohibited. The conclusion is maid that the right of anticipatory self-defence, if requirements of necessity and proportionality are fulfilled, is not illegal under international law. In contrast, the analysis of the UN Charter rules showed that preemptive self-defence against perceived threats is not legal under the UN Charter, because there is no actual armed attack or imminent threat against which state can legally defend itself. In addition, preemptive use of military force against emerging threats has no safeguards. The examination of customary law prior and after September 11, 2001, revealed that a new rule, which would allow states to use military force in self-defence, was not created, because there is a lack of opinio juris and state practice. The conclusion is drawn that preemptive use of force is not legal under international law.

This master thesis provides an analysis of the legality of preemptive self-defence under international law. In assessing the lawfulness of preemptive self-defence two basic sources of international law: customary and treaty law are examined. The analysis of the UN Charter rules showed that there is strong disagreement between scholars regarding the legality of anticipatory self-defence. However, the term "armed attack" in article 51 UN Charter should embrace imminent threats. Two basic reasons are: the advent of weapons of mass destruction (WMD) and new methods of warfare; the inherent right of anticipatory self-defence was not exhausted after the adoption of the UN Charter. The examination of customary international law showed that the Caroline doctrine allows states to act in anticipation of an armed attack if the requirements of necessity and proportionality are fulfilled. In addition, the analysis of state practice and opinion juris prior and after September 11, 2001, revealed that anticipatory self-defence is not prohibited. The conclusion is maid that the right of anticipatory self-defence, if requirements of necessity and proportionality are fulfilled, is not illegal under international law. In contrast, the analysis of the UN Charter rules showed that preemptive self-defence against perceived threats is not legal under the UN Charter, because there is no actual armed attack or imminent threat against which state can legally defend itself. In addition, preemptive use of military force against emerging threats has no safeguards. The examination of customary law prior and after September 11, 2001, revealed that a new rule, which would allow states to use military force in self-defence, was not created, because there is a lack of opinio juris and state practice. The conclusion is drawn that preemptive use of force is not legal under international law.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.

The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.

The amount of non-state actors and their influence at the end of the XX centuries increased rapidly in various international areas. Thereby, non-state actors became one of the most prominent international actors on a level with states but with limited legal subjectivity. Moreover, this limited legal subjectivity does not give a huge scope of rights and does not impose full obligations with regard to following all international rules in their practice. In this respect, the creation of the unified definition of non-state actors for further its implementation as a legally binding is vital for all international community. Moreover, it should be noted that there is a vital necessity to determine the status of the non-state actors in specific areas of international law namely: the role of the non-state actors in the law-making process and possible applicability of international humanitarian law to non-state actors. From the results of research, it should be mentioned that the unified definition of non-state actors that was given in this Master thesis would be appropriate for recognition by the international community as legally binding. Moreover, despite the fact that non-state actors do not have a direct impact on the international law-making process they found out another possible option -to influence states and participate in the law-making process as an advisor in various fields. Also, it is necessary to emphasize that international humanitarian law in limited scope is applicable to non-state actors.

There is considering the emission of government and municipal bonds as a way draw up assets for budget of state and municipality. This assets will be used for socially essential tasks. Because private persons issue debt securities too, in this work will be discuss caracteristics of debt securities issued by public government. Borrowing on the way of debt securities is a complicated phenomenon consisted of different stages in these are attending different subjects possessed only them typical rights and duties. The most attention is giving for analysis of relationship of issuers of government and municipal securities and investors and for the regulation of their relationship, because they are basic subjects in this process. In this work is trying to explore basic problems able arising for these subjects, because the more lacuna and problems are in their regulation the more these subjects will be used other borrowing way.

There is considering the emission of government and municipal bonds as a way draw up assets for budget of state and municipality. This assets will be used for socially essential tasks. Because private persons issue debt securities too, in this work will be discuss caracteristics of debt securities issued by public government. Borrowing on the way of debt securities is a complicated phenomenon consisted of different stages in these are attending different subjects possessed only them typical rights and duties. The most attention is giving for analysis of relationship of issuers of government and municipal securities and investors and for the regulation of their relationship, because they are basic subjects in this process. In this work is trying to explore basic problems able arising for these subjects, because the more lacuna and problems are in their regulation the more these subjects will be used other borrowing way.

There is considering the emission of government and municipal bonds as a way draw up assets for budget of state and municipality. This assets will be used for socially essential tasks. Because private persons issue debt securities too, in this work will be discuss caracteristics of debt securities issued by public government. Borrowing on the way of debt securities is a complicated phenomenon consisted of different stages in these are attending different subjects possessed only them typical rights and duties. The most attention is giving for analysis of relationship of issuers of government and municipal securities and investors and for the regulation of their relationship, because they are basic subjects in this process. In this work is trying to explore basic problems able arising for these subjects, because the more lacuna and problems are in their regulation the more these subjects will be used other borrowing way.

There is considering the emission of government and municipal bonds as a way draw up assets for budget of state and municipality. This assets will be used for socially essential tasks. Because private persons issue debt securities too, in this work will be discuss caracteristics of debt securities issued by public government. Borrowing on the way of debt securities is a complicated phenomenon consisted of different stages in these are attending different subjects possessed only them typical rights and duties. The most attention is giving for analysis of relationship of issuers of government and municipal securities and investors and for the regulation of their relationship, because they are basic subjects in this process. In this work is trying to explore basic problems able arising for these subjects, because the more lacuna and problems are in their regulation the more these subjects will be used other borrowing way.

Despite the implementation of the forced and compulsory labour prohibition principle in various international and national legal acts, forced or compulsory labour as such remains a huge problem both in economically developed and developing countries. Millions of people around the globe are still performing forced or compulsory labour. Analysis of the forced and compulsory labour prohibition principle and it's implementation in national and international law is the subject of this master thesis. The main topics covered in the thesis include analysis of legal acts and court cases, related to the subject of the forced and compulsory labour prohibition, and the overview of the practical implementation of forced and compulsory labour principle. The Forced Labour Convention, 1930 (No. 29), the Abolition of Forced Labour Convention, 1957 (No. 105), the European Convention on Human Rights, the International Covenant on Civil and Political Rights, International Labour Organization reports concerning forced and compulsory labour are the key international documents that were used for analysing the topic. The key national legal acts that were used in the master thesis are the Constitution of the Republic of Lithuania, the Labour Code of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania. The master thesis covers analysis of national and international literature as well as an overview of the most important cases related with forced or compulsory labour, examined by the European Court of Human Rights.