Suchergebnisse

Crimes against Humanity is one of the most dynamic categories in the International Criminal Law since it first appearance in the Charter of Nuremberg Military Tribunal in 1945 as an outgrowth of the war crimes. The concept of crimes against humanity in the Charter of Nuremberg Military Tribunal may be characterised by the following elements: crimes shall be carried out towards any civilian population, crimes can be carried out by the civil or military officers or actual agents of the state (policy element), crimes may be committed during the war or in peace time however such crimes requires conjunction with war crimes or crimes against peace. The concept of the crimes against humanity in later sources has developed steadily towards overall protection of fundamental human rights of civil population. First way of development concerns the elements and qualification criteria. First of all the conjunction between crimes against humanity and war crimes has been eliminated. It made crimes against humanity as an independent criminal category. Said development has been affirmed by the Rome Statute of International Criminal Court and were reflected in the Statute of International Criminal Tribunal for the Rwanda (ICTR) and UN Draft Code of Offences Against Peace and Security of Mankind. The jurisprudence of International Criminal Tribunal for the former Yugoslavia (ICTY) has significantly amended the element of policy. It was established that crimes against humanity may be carried out by the organisation or political group which controls territory and performs civil, military, politic administration de facto as well. The United Nations Draft Code of the Offences Against Peace and Security of Mankind in 1991 has introduced two alternative qualification criteria: requirement of large scale or systematic actions. Large scale (or widespread) criteria has been introduced in order to eliminate an isolated inhumane act committed by a perpetrator acting on his own initiative and directed against a single or couple of victims. According to the said criteria crimes against humanity may be committed only as an massive, frequent, large scale action carried out collectively with considerable seriousness directed against multiplicity of victims. Systematic criteria means that crimes against humanity shall be result of systematic actions as a thoroughly organised and following a regular pattern on the basis of a common policy involving substantial public or private resources. ; Nusikaltimai žmoniškumui yra viena iš dinamiškiausių tarptautinės baudžiamosios teisės kategorijų. Ši sąvoka pirmą kartą buvo pavartota 1945 m. Niurnbergo karo tribunolo įstatuose išplėstiniam karo nusikaltimui įvardyti, tačiau ilgainiui buvo papildoma ir tapo savarankiškesnė. Niurnbergo tribunolo įstatuose pateiktą sąvoką galima apibūdinti šiais požymiais: nusikaltimai žmoniškumui gali būti įvykdyti prieš bet kokius civilius gyventojus tiek taikos, tiek karo metu, juos įvykdyti gali civilinės arba karinės valdžios pareigūnai, arba faktiniai agentai (politikos elementas), jų kvalifikacijai būtina sąsaja su karo nusikaltimais arba nusikaltimais taikai. Nusikaltimų žmoniškumui sąvoka plėtojosi dviem kryptimis. Pirmoji plėtros kryptis apėmė nusikaltimų žmoniškumui požymių ir kvalifikavimo kriterijų pokyčius. Pirmiausia buvo atsisakyta reikalavimo, kad nusikaltimų žmoniškumui kvalifikavimas turi būti siejamas su karo nusikaltimais arba nusikaltimais taikai. Šis pokytis lėmė nusikaltimų žmoniškumui kaip savarankiško nusikaltimo atsiradimą. Šią traktuotę patvirtino ir vėliausias tarptautinės baudžiamosios teisės šaltinis – Tarptautinio baudžiamojo teismo Romos statutas, ji taip pat atsispindėjo Jungtinių tautų nusikaltimų taikai ir žmonijos saugumui kodekso projekte, Tarptautinio tribunolo asmenims, atsakingiems už genocidą ir kitus sunkius tarptautinės humanitarinės teisės pažeidimus Ruandos teritorijoje teisti (Ruandos tribunolo) statute.

The author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.

The author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.

The subject of the final Master work is about emblematic gestures. The paper aims to analyze and to indicate change of emblematic gestures comparing their usage in different generations. The main tasks carried out in the work are to analyze theoretically and empirically verified data about emblematic gestures, their relationship with verbal code and culture as such, use and change specific features; After doing empirical study interview – the paper also aims to establish and to evaluate differences of emblematic gestures, their usage and their meaning in different generations; to show how emblematic gestures have changed in Lithuania due to last two decades. There are carried out thesis – emblematic gestures change as changes culture in which they are used and comparing emblematic gestures used in different generations, we can make inferences about their change. In order to ground thesis, theoretical data was collected and empirical research was held. The analysis of scientific literature had showed that most of emblematic gestures are cultural borrowings and that their changes in visual form and meaning are influenced by culture. Emblematic gestures as oral language are elements of culture. They are creation and usage in everyday talk. The meaning and form that they gain are influenced by the processes of cultural change and development: creation of material and spiritual values, processes of cultural integration, nivelation, assimilation also the change of political, economical, social context change. As these processes are held new emblems are created or emblems that already exits are transferred from culture to culture. Data from empirical investigation (interview) shows that in different generations different gestures are used, and that they may acquire different meanings. Research also reveals that young tend to use more emblematic gestures. Summarizing the theoretical and empirical data showed that the emblem gestures are sufficiently conservative by nature, as well as oral language is changing quite quickly, in time enough to change two generations of people Master's thesis may be valuable for the students of social and human sciences, especially for international communication, philology, cultural practitioners and researchers. The work contains material that can help to improve intercultural nonverbal communication competence.

The subject of the final Master work is about emblematic gestures. The paper aims to analyze and to indicate change of emblematic gestures comparing their usage in different generations. The main tasks carried out in the work are to analyze theoretically and empirically verified data about emblematic gestures, their relationship with verbal code and culture as such, use and change specific features; After doing empirical study interview – the paper also aims to establish and to evaluate differences of emblematic gestures, their usage and their meaning in different generations; to show how emblematic gestures have changed in Lithuania due to last two decades. There are carried out thesis – emblematic gestures change as changes culture in which they are used and comparing emblematic gestures used in different generations, we can make inferences about their change. In order to ground thesis, theoretical data was collected and empirical research was held. The analysis of scientific literature had showed that most of emblematic gestures are cultural borrowings and that their changes in visual form and meaning are influenced by culture. Emblematic gestures as oral language are elements of culture. They are creation and usage in everyday talk. The meaning and form that they gain are influenced by the processes of cultural change and development: creation of material and spiritual values, processes of cultural integration, nivelation, assimilation also the change of political, economical, social context change. As these processes are held new emblems are created or emblems that already exits are transferred from culture to culture. Data from empirical investigation (interview) shows that in different generations different gestures are used, and that they may acquire different meanings. Research also reveals that young tend to use more emblematic gestures. Summarizing the theoretical and empirical data showed that the emblem gestures are sufficiently conservative by nature, as well as oral language is changing quite quickly, in time enough to change two generations of people Master's thesis may be valuable for the students of social and human sciences, especially for international communication, philology, cultural practitioners and researchers. The work contains material that can help to improve intercultural nonverbal communication competence.

The transition processes in post-soviet area show the lack of knowledge and experiences in conflict resolution, when the authorities, the organisations and individuals have to solve the controversial problems as well as conflicts of interests and values. The first part of the article represents the scope of ideas and practices of conflict resolution and conciliation in international relations. The actions of the Security Council of the UNO and some agreements of the European Conference for Security and Co-operation have been surveyed as having sense of peace-keeping, peace-making and peace-building. In the process of European integration some political and legal mechanisms were approved with the mean to conciliate controversities between the members and candidates of the EU. Using them the European Community functions as a whole, and the process of joining new members is sequent and progressive. The philosophy and experience of conflict resolution and conciliation is applicable in many cases of the states internal affairs. In the next part of the article the author examines applications and development of conciliation procedures in social life of Lithuania. One of such examples is three parts roundtable between representatives of governmental bodies, employers and trade unions on issues of social politics, unemployment, payment etc. developing the rules and incentives for strengthening the culture of conflict resolution in social life serves the new democracy. The next direction in which conciliation and conflict resolution has been used is third party participation in community and family conflicts. Several projects on mediation have been accomplished in Lithuania. They were aimed to train mediators and to educate individuals in what circumstances they may be served by mediators. The author examines in which way peace-making procedures can be used in public administration. The Lithuanian laws regulate some principles of administrating to avoid or prevent disputes between the governmental bodies and the citizen and interest groups as well as (for example one-window rule in servicing the applicator). Lithuania as other post-communist countries has to develop the culture of conflict resolution and conciliation to ensure social and communal stability. ; Transformaciniuose procesuose, kuriuos mes išgyvename, išryškėjo žmonių ir organizacijų, verslo įmonių, valdžios institucijų bendravimo ir bendradarbiavimo, gebėjimo spręsti sudėtingus ir prieštaringus klausimus problemiškumas, vertybių ir interesų konfliktų prevencijos ir valdymo aktualumas. Straipsnyje pristatoma konfliktų sprendimo ir taikinamosios veiklos idėjų ir praktinio patyrimo raida pasaulyje. Apžvelgiamos tos mūsų gyvenimo sritys, kur pradeda rastis kryptinga taikinamoji veikla, svarstomos tolesnės plėtotės galimybės, ypač kreipiant dėmesį į žmogaus santykius su kitais ir į viešąjį administravimą.