Suchergebnisse

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

The paper suggests a conceptual framework for analyzing the relationship between democracy and economic growth based on the international dimension. In essence, democracy positively effects economic growth in a given country when international actors seek to promote democracy in that country by punishing violations of democratic norms with economic sanctions. The paper specifies conditions under which violation of democratic norms gets punished with economic sanctions. First, foreign actors must have an interest in defending democracy in a given country. Second, the costs of defending democracy must not outweigh its benefits. Finally, economic sanctions must be employed as a tool for the defense of democracy. Furthermore, factors that affect the negative impact of economic sanctions on economic growth in the 'target' country are specified in the paper. They are as follows: economic openness of the 'target' country, extent of economic interdependence with sanctioning countries, as well as the structure of the economy and opportunities to diversify economic relations with other foreign actors. Besides, the impact of sanctions on growth depends on the duration of their application. Further, the paper illustrates the logic of the conceptual framework with the empirical example of Latin America. During the Cold War, democracies in the region did not face any economic advantages with regard to international factors. Latin America's Cold War history was highly influenced by the strategic struggle between the US and the Soviet Union. For the US, the main purpose in the region was to carry out the policy of containment of communism. This meant that certain undemocratic but friendly regimes were often supported, while hostile but democratic ones were undermined. The situation changed cardinally after the Cold War ended. When the strategic threat of communism disappeared, the US changed its policy focus from containment of communism to the promotion and defense of democracies. Moreover, Latin America experienced intensive processes of democratization and economic liberalization. This created conditions for the collective system of defense of democracy in the region. Certain factors contributed to the potential impact of economic sanctions in the region in the 1990s. Economic liberalization and higher economic openness made countries more vulnerable to potential sanctions. Furthermore, Latin American countries had high levels of economic interdependence with the US, the EU and other regional democracies, all of which were ready to defend democratic systems. Finally, the disintegration of the Soviet Union and disappearance of non-democracies in the region highly reduced opportunities for economic diversification in the case of economic sanctions. In Latin America in the 1990s, every violation of procedural democratic norms was met with economic sanctions which had negative effect on economic growth in the violating country. These cases were Haiti (1991), Peru (1992) and Guatemala (1993). In the case of Paraguay (1996), the threat of economic sanctions was one of the factors that helped to preserve democratic system in the country. This means that the analysis of the relationship between political regime type and economic growth in Latin America in the 1990s is incomplete and potentially incorrect, if international factors are not taken into account. Finally, the paper gives suggestions for further research, in particular hinting to the possible structural global shift in the democracy-growth relationship in post-Cold War environment. International factors provide a possible explanation why empirically democracies tend to grow faster than autocracies after the end of the Cold War

The paper suggests a conceptual framework for analyzing the relationship between democracy and economic growth based on the international dimension. In essence, democracy positively effects economic growth in a given country when international actors seek to promote democracy in that country by punishing violations of democratic norms with economic sanctions. The paper specifies conditions under which violation of democratic norms gets punished with economic sanctions. First, foreign actors must have an interest in defending democracy in a given country. Second, the costs of defending democracy must not outweigh its benefits. Finally, economic sanctions must be employed as a tool for the defense of democracy. Furthermore, factors that affect the negative impact of economic sanctions on economic growth in the 'target' country are specified in the paper. They are as follows: economic openness of the 'target' country, extent of economic interdependence with sanctioning countries, as well as the structure of the economy and opportunities to diversify economic relations with other foreign actors. Besides, the impact of sanctions on growth depends on the duration of their application. Further, the paper illustrates the logic of the conceptual framework with the empirical example of Latin America. During the Cold War, democracies in the region did not face any economic advantages with regard to international factors. Latin America's Cold War history was highly influenced by the strategic struggle between the US and the Soviet Union. For the US, the main purpose in the region was to carry out the policy of containment of communism. This meant that certain undemocratic but friendly regimes were often supported, while hostile but democratic ones were undermined. The situation changed cardinally after the Cold War ended. When the strategic threat of communism disappeared, the US changed its policy focus from containment of communism to the promotion and defense of democracies. Moreover, Latin America experienced intensive processes of democratization and economic liberalization. This created conditions for the collective system of defense of democracy in the region. Certain factors contributed to the potential impact of economic sanctions in the region in the 1990s. Economic liberalization and higher economic openness made countries more vulnerable to potential sanctions. Furthermore, Latin American countries had high levels of economic interdependence with the US, the EU and other regional democracies, all of which were ready to defend democratic systems. Finally, the disintegration of the Soviet Union and disappearance of non-democracies in the region highly reduced opportunities for economic diversification in the case of economic sanctions. In Latin America in the 1990s, every violation of procedural democratic norms was met with economic sanctions which had negative effect on economic growth in the violating country. These cases were Haiti (1991), Peru (1992) and Guatemala (1993). In the case of Paraguay (1996), the threat of economic sanctions was one of the factors that helped to preserve democratic system in the country. This means that the analysis of the relationship between political regime type and economic growth in Latin America in the 1990s is incomplete and potentially incorrect, if international factors are not taken into account. Finally, the paper gives suggestions for further research, in particular hinting to the possible structural global shift in the democracy-growth relationship in post-Cold War environment. International factors provide a possible explanation why empirically democracies tend to grow faster than autocracies after the end of the Cold War

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.

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.