Suchergebnisse

After the end of the Cold war the unipolar international system was established and during recent decade it was transformated from strickt unipolarity (1990-2000) to modified unipolarity (2001-2010). Exceptional and multidimensional power with the global reach of the USA was the reason for naming structure of international system as strict unipolar till terrorist attacks of September 11, 2001 in the USA. After September 11th the USA started to act less unilaterally than before temporary changing the unilateralism to multilateralism for collective actions against terrorism in Afghanistan. The multilateral response to September 11th terrorist attacks became the first stage of transformation of strict unipolarity based on Article 5 of Washington Treaty. Years of 2001-2003 could be named as the beginning of modified unipolarity: sole superpower acted multilaterally in war against terrorism and at the same time it promoted the enlargement of its influence with NATO enlargement to the post soviet area. Formation of transformed unipolar structure allows speaking about the necessity of defining a new type of unipolarity – modified unipolarity which is theoretically balancing on the dividing lines of unipolarity, multipolarity and nonpolarity concepts. This article consists of broad definition of modified unipolarity, theoretical analysis of polarity and its transformation, also, some preliminary conclusions and insights are made concerning possible transformation of modified unipolarity in the foreseen future.

By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.

By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.

This article analyzes the factors of expatriate international assignment success: the process, empirical level, the experience of expatriates on a national level. Theoretical and empirical analysis reveals that success depends mostly on the candidates selected, their motivation, ability to adjust to change, wish to improve, ability to adjust to a new environment, effectively act in order to achieve goals, the situation of an employee's family. The results of the research carried out showed that one of most complex stages of the expatriation process is the adjustment of expatriates during international assignment which has significant impact on international assignment success and satisfaction of individual expectations or various failures and emergence of individual problems. It has been proved that the success of the adjustment stage and the entire expatriation process is mostly influenced by the personal strengths of employees, their professional, social, adjustment skills, international experience and a favorable situation of their families

Independence and liberty of cyberspace enabled inception of new kind mass media. Internet based news organization no longer needed to obey national laws and acknowledge states' superiority in international political communication. News organizations, like Google, Facebook, Twitter, Wikileaks, etc., have emerged as mighty actors in the international communicative activities. They are being driven by self-interests, which not necessary conform sovereign states' interests. The development of new kind mass media are not being determined by national laws or other offline rules. This study determined the role of self-ruling mass media in the international political communication. Also, this work showed that emergence of new kind mass media have caused substantial decline of sovereign states' power in international political communication.

Independence and liberty of cyberspace enabled inception of new kind mass media. Internet based news organization no longer needed to obey national laws and acknowledge states' superiority in international political communication. News organizations, like Google, Facebook, Twitter, Wikileaks, etc., have emerged as mighty actors in the international communicative activities. They are being driven by self-interests, which not necessary conform sovereign states' interests. The development of new kind mass media are not being determined by national laws or other offline rules. This study determined the role of self-ruling mass media in the international political communication. Also, this work showed that emergence of new kind mass media have caused substantial decline of sovereign states' power in international political communication.

Independence and liberty of cyberspace enabled inception of new kind mass media. Internet based news organization no longer needed to obey national laws and acknowledge states' superiority in international political communication. News organizations, like Google, Facebook, Twitter, Wikileaks, etc., have emerged as mighty actors in the international communicative activities. They are being driven by self-interests, which not necessary conform sovereign states' interests. The development of new kind mass media are not being determined by national laws or other offline rules. This study determined the role of self-ruling mass media in the international political communication. Also, this work showed that emergence of new kind mass media have caused substantial decline of sovereign states' power in international political communication.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

The Thesis explores the motives and conditions under which the US, China, and Russia are likely to cooperate on arms control in cyberspace in order to improve both their national and international security. It is stated that hostile states will be in favor of negotiating a limitation of cyber capabilities to reduce escalation and avoid the damage caused by a potential conflict. The analysis is based on defensive realism theory, which explains the conditions leading to "negative cooperation" among potential adversaries. Three variables are identified which help to analyze the potential of cooperation in cyberspace: a) motives; b) the distinction between defensive and offensive cyber capabilities; c) information. The research shows that the risk of a cyberspace conflict escalating between the US, China and Russia encouraged them to seek cooperation. However, only few cooperation precedents could be described as successful. The same principles and conditions are valid for both cyber and military disarmament regimes. Two types of conditions necessary for effective cyber disarmament are identified. The first refers to external conditions such as the increased confrontation, the use of offensive cyber capabilities and applying of exhaustion strategy. The second refers to internal condition – this is a lack of trust between states which deepens the security dilemma in cyberspace. While evaluating the potential of cyber disarmament regime, worth mentioning that conditions which lead to "negative cooperation" create the ground for the disarmament regime in cyberspace.

The Thesis explores the motives and conditions under which the US, China, and Russia are likely to cooperate on arms control in cyberspace in order to improve both their national and international security. It is stated that hostile states will be in favor of negotiating a limitation of cyber capabilities to reduce escalation and avoid the damage caused by a potential conflict. The analysis is based on defensive realism theory, which explains the conditions leading to "negative cooperation" among potential adversaries. Three variables are identified which help to analyze the potential of cooperation in cyberspace: a) motives; b) the distinction between defensive and offensive cyber capabilities; c) information. The research shows that the risk of a cyberspace conflict escalating between the US, China and Russia encouraged them to seek cooperation. However, only few cooperation precedents could be described as successful. The same principles and conditions are valid for both cyber and military disarmament regimes. Two types of conditions necessary for effective cyber disarmament are identified. The first refers to external conditions such as the increased confrontation, the use of offensive cyber capabilities and applying of exhaustion strategy. The second refers to internal condition – this is a lack of trust between states which deepens the security dilemma in cyberspace. While evaluating the potential of cyber disarmament regime, worth mentioning that conditions which lead to "negative cooperation" create the ground for the disarmament regime in cyberspace.

The Thesis explores the motives and conditions under which the US, China, and Russia are likely to cooperate on arms control in cyberspace in order to improve both their national and international security. It is stated that hostile states will be in favor of negotiating a limitation of cyber capabilities to reduce escalation and avoid the damage caused by a potential conflict. The analysis is based on defensive realism theory, which explains the conditions leading to "negative cooperation" among potential adversaries. Three variables are identified which help to analyze the potential of cooperation in cyberspace: a) motives; b) the distinction between defensive and offensive cyber capabilities; c) information. The research shows that the risk of a cyberspace conflict escalating between the US, China and Russia encouraged them to seek cooperation. However, only few cooperation precedents could be described as successful. The same principles and conditions are valid for both cyber and military disarmament regimes. Two types of conditions necessary for effective cyber disarmament are identified. The first refers to external conditions such as the increased confrontation, the use of offensive cyber capabilities and applying of exhaustion strategy. The second refers to internal condition – this is a lack of trust between states which deepens the security dilemma in cyberspace. While evaluating the potential of cyber disarmament regime, worth mentioning that conditions which lead to "negative cooperation" create the ground for the disarmament regime in cyberspace.

The Thesis explores the motives and conditions under which the US, China, and Russia are likely to cooperate on arms control in cyberspace in order to improve both their national and international security. It is stated that hostile states will be in favor of negotiating a limitation of cyber capabilities to reduce escalation and avoid the damage caused by a potential conflict. The analysis is based on defensive realism theory, which explains the conditions leading to "negative cooperation" among potential adversaries. Three variables are identified which help to analyze the potential of cooperation in cyberspace: a) motives; b) the distinction between defensive and offensive cyber capabilities; c) information. The research shows that the risk of a cyberspace conflict escalating between the US, China and Russia encouraged them to seek cooperation. However, only few cooperation precedents could be described as successful. The same principles and conditions are valid for both cyber and military disarmament regimes. Two types of conditions necessary for effective cyber disarmament are identified. The first refers to external conditions such as the increased confrontation, the use of offensive cyber capabilities and applying of exhaustion strategy. The second refers to internal condition – this is a lack of trust between states which deepens the security dilemma in cyberspace. While evaluating the potential of cyber disarmament regime, worth mentioning that conditions which lead to "negative cooperation" create the ground for the disarmament regime in cyberspace.