Suchergebnisse

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.

Lithuania still be an important link connecting the eastern Baltic states in the Middle East to Europe, so it occupies a strategically important place in various countries and political institutions and policy projection. On the 21st of December, 2007 after Lithuania became a member of Schengen area, migration mobility of inhabitants increased. In order to solve relevant problems there was analysed European Union requirements and Lithuanian Republic legal regulations that belong to the sphere when the country is a member of Schengen area. Firstly, there have been analysed the main legal standards and documents that consolidate the activities of institutions in this sphere as well as cooperation possibil ities of institutions controlling foreigners. The research project presents valuable cooperation experience of institutions dealing with foreigners‗ control. When analysing target preventive means in police foreigners control sphere, the attention is paid to Kaliningrad transit programme, that is being quite successfully developed. The main aim of this programme is to ensure streamlined people transit from Russian Federation territory to Russian Federation Kaliningrad region and back via Lithuanian Republic territory, that must comply with Schengen agreement of the 14th of June, 1985 and 1990 Convention concerning the 14th of June, 1985 Schengen implementation regulations, European Union acquis, proper European Union external border control and security, cooperation between legal institutions in Kaliningrad transit territory and the requirements for electronic data base. ; Lietuva tebevertinama kaip svarbi grandis, jungianti Rytų Pabaltijį su Vidurio Rytų Europa, todėl ji užima strategiškai svarbią vietą įvairių valstybių ir politinių institucijų politikos projekcijoje. Lietuvos Respublikai 2007 m. gruodžio 21 d. tapus visateise Šengeno erdvės nare, išaugo gyventojų migracinis mobilumas. Šiame darbe analizuoti Lietuvos Respublikos norminiai teisės aktai, sprendžiantys užsieniečių tranzito per valstybės teritoriją tvarką. Atkreiptinas dėmesys, kad pakankamai gerai vykdoma viena pagrindinių šioje srityje programa – Kaliningrado tranzito programa. Svarbiausias šios programos tikslas – užtikrinti supaprastintą asmenų tranzitą iš Rusijos Federacijos teritorijos į Rusijos Federacijos Kaliningrado sritį ir atgal per Lietuvos Respublikos teritoriją. Veikla turi vykti taip, kad atitiktų 1985 m. birželio 14 d. Šengeno susitarimo, Europos Sąjungos acquis, tinkamos Europos Sąjungos išorės sienų kontrolės ir saugumo, bendradarbiavimo tarp teisėsaugos institucijų Kaliningrado tranzito teritorijoje ir elektroninių duomenų apsaugos reikalavimus. Atliktas tyrimas leidžia teigti, kad Lietuvoje yra pakankamai gerai organizuojama ir vykdoma užsieniečių kontrolė.

The totality of cross-border interactions in Europe in scholarly literature on international relations is often defined as "regional international society", i.e. a social system of a smaller scale than global international society. From the sociological standpoint, social systems (or societies) consist of institutionalized pratices. Among these practices there are primary institutions, which define and constitute types of actors and types of actions, and secondary institutions purposefully established by the same actors. Sovereignty, territoriality, international law, diplomacy, the balance of power, conflict resolution and a few other are the oldest primary institutions of the Westphalian state system in and outside Europe. The newer ones, such as human rights and democracy, incrementally evolved in the 19-20th century and supplement the existing Westphalian system. The aim of this study was to identify the primary international institutions of the European Economic Community (now the European Union) which was created after WWII as well as to evaluate the compatability of the new institutional order with that of the Westphalian model. The author examined the functioning of such primary institutions as supra-nationalism, subsidiarity, harmonization and micro-regionalism and drew the conclusion that the newest EU institutions are in conflict with the Westphalian ones and create new types of international actors, supranational ar well as subnational, that are already recognized as peers among states within the context of diplomacy, international law and international trade. How the latent inter-institutional tensions will be solved in the future will depend not only on EU member states but also on countries outside it forced to coexist with the EU in the Westphalian world.

The totality of cross-border interactions in Europe in scholarly literature on international relations is often defined as "regional international society", i.e. a social system of a smaller scale than global international society. From the sociological standpoint, social systems (or societies) consist of institutionalized pratices. Among these practices there are primary institutions, which define and constitute types of actors and types of actions, and secondary institutions purposefully established by the same actors. Sovereignty, territoriality, international law, diplomacy, the balance of power, conflict resolution and a few other are the oldest primary institutions of the Westphalian state system in and outside Europe. The newer ones, such as human rights and democracy, incrementally evolved in the 19-20th century and supplement the existing Westphalian system. The aim of this study was to identify the primary international institutions of the European Economic Community (now the European Union) which was created after WWII as well as to evaluate the compatability of the new institutional order with that of the Westphalian model. The author examined the functioning of such primary institutions as supra-nationalism, subsidiarity, harmonization and micro-regionalism and drew the conclusion that the newest EU institutions are in conflict with the Westphalian ones and create new types of international actors, supranational ar well as subnational, that are already recognized as peers among states within the context of diplomacy, international law and international trade. How the latent inter-institutional tensions will be solved in the future will depend not only on EU member states but also on countries outside it forced to coexist with the EU in the Westphalian world.

The totality of cross-border interactions in Europe in scholarly literature on international relations is often defined as "regional international society", i.e. a social system of a smaller scale than global international society. From the sociological standpoint, social systems (or societies) consist of institutionalized pratices. Among these practices there are primary institutions, which define and constitute types of actors and types of actions, and secondary institutions purposefully established by the same actors. Sovereignty, territoriality, international law, diplomacy, the balance of power, conflict resolution and a few other are the oldest primary institutions of the Westphalian state system in and outside Europe. The newer ones, such as human rights and democracy, incrementally evolved in the 19-20th century and supplement the existing Westphalian system. The aim of this study was to identify the primary international institutions of the European Economic Community (now the European Union) which was created after WWII as well as to evaluate the compatability of the new institutional order with that of the Westphalian model. The author examined the functioning of such primary institutions as supra-nationalism, subsidiarity, harmonization and micro-regionalism and drew the conclusion that the newest EU institutions are in conflict with the Westphalian ones and create new types of international actors, supranational ar well as subnational, that are already recognized as peers among states within the context of diplomacy, international law and international trade. How the latent inter-institutional tensions will be solved in the future will depend not only on EU member states but also on countries outside it forced to coexist with the EU in the Westphalian world.

The totality of cross-border interactions in Europe in scholarly literature on international relations is often defined as "regional international society", i.e. a social system of a smaller scale than global international society. From the sociological standpoint, social systems (or societies) consist of institutionalized pratices. Among these practices there are primary institutions, which define and constitute types of actors and types of actions, and secondary institutions purposefully established by the same actors. Sovereignty, territoriality, international law, diplomacy, the balance of power, conflict resolution and a few other are the oldest primary institutions of the Westphalian state system in and outside Europe. The newer ones, such as human rights and democracy, incrementally evolved in the 19-20th century and supplement the existing Westphalian system. The aim of this study was to identify the primary international institutions of the European Economic Community (now the European Union) which was created after WWII as well as to evaluate the compatability of the new institutional order with that of the Westphalian model. The author examined the functioning of such primary institutions as supra-nationalism, subsidiarity, harmonization and micro-regionalism and drew the conclusion that the newest EU institutions are in conflict with the Westphalian ones and create new types of international actors, supranational ar well as subnational, that are already recognized as peers among states within the context of diplomacy, international law and international trade. How the latent inter-institutional tensions will be solved in the future will depend not only on EU member states but also on countries outside it forced to coexist with the EU in the Westphalian world.

The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systemising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.

The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systemising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.

Authors examine the nature and scope of the tourism law and its place in the Lithuanian legal system according to the theory of law, assess the main legal acts regulating the tourism sector, their relation to each other and problematic aspects of their application in practice, disclose the status of the legal framework of the tourism sector at national, international and supranational levels, examine the impact of European Union law on the Lithuanian tourism law. Authors conclude that currently the tourism law may be treated not as a separate branch of law, but, according to its subject and method of regulation, as a separate inter-branch law institute. Legal norms of this law institute regulate the whole spectrum of social relations formed between various subjects acting in the field of tourism industry when organizing a travel (directly or through agents), providing tourist information, accommodation, health and wellness, transportation, catering, entertainment, conference organisation and other tourist services. After discussing the complex nature of legal norms regulating the tourism field it is concluded that the scope of the tourism law is changing, by encompassing new more complex relations with greater diversity, therefore the institute of the tourism law may gradually transform into an independent branch of law. The authors also discuss the legislative trends at national, international and supranational levels in the tourism law area with particular attention to the new Package Travel Directive. The article, inter alia, concludes that this Directive, due to a maximum harmonisation approach (as opposed to an earlier minimum harmonisation approach), is of particular importance to the national tourism law in Lithuania.

Authors examine the nature and scope of the tourism law and its place in the Lithuanian legal system according to the theory of law, assess the main legal acts regulating the tourism sector, their relation to each other and problematic aspects of their application in practice, disclose the status of the legal framework of the tourism sector at national, international and supranational levels, examine the impact of European Union law on the Lithuanian tourism law. Authors conclude that currently the tourism law may be treated not as a separate branch of law, but, according to its subject and method of regulation, as a separate inter-branch law institute. Legal norms of this law institute regulate the whole spectrum of social relations formed between various subjects acting in the field of tourism industry when organizing a travel (directly or through agents), providing tourist information, accommodation, health and wellness, transportation, catering, entertainment, conference organisation and other tourist services. After discussing the complex nature of legal norms regulating the tourism field it is concluded that the scope of the tourism law is changing, by encompassing new more complex relations with greater diversity, therefore the institute of the tourism law may gradually transform into an independent branch of law. The authors also discuss the legislative trends at national, international and supranational levels in the tourism law area with particular attention to the new Package Travel Directive. The article, inter alia, concludes that this Directive, due to a maximum harmonisation approach (as opposed to an earlier minimum harmonisation approach), is of particular importance to the national tourism law in Lithuania.

The functioning of the modern regulatory system for customs duties, which combines unilateral and multilateral (regional) levels, is currently based on the World Trade Organization (WTO) Agreements (1994) and on the provisions of the Convention on the Harmonised Commodity Description and Coding System (1983). However, the practical application of these provisions is related to conflicts between the sources of national and international law and even the different sources of international law itself. It should be noted that at the present time, individual states have not yet formed a unified approach on whether the WTO Agreements should have a direct effect in their national legal system, as most of the states are following the doctrine of dualism and deny this possibility, although the practices followed by the national courts of the Republic of Lithuania have shown the elements of a monistic approach to this problem. The increasing use of international preferential trade agreements and the prevalence of agreements, which establish the customs unions, could also be regarded as a challenge to the development of international economic law and international trade system. Moreover, analysis of the judicial practices of national courts (in the Republic of Lithuania) and the case law of the Court of Justice of the European Union has confirmed that an explicit approach to the relationship existing between international, EU and national customs law has not yet materialised.

The functioning of the modern regulatory system for customs duties, which combines unilateral and multilateral (regional) levels, is currently based on the World Trade Organization (WTO) Agreements (1994) and on the provisions of the Convention on the Harmonised Commodity Description and Coding System (1983). However, the practical application of these provisions is related to conflicts between the sources of national and international law and even the different sources of international law itself. It should be noted that at the present time, individual states have not yet formed a unified approach on whether the WTO Agreements should have a direct effect in their national legal system, as most of the states are following the doctrine of dualism and deny this possibility, although the practices followed by the national courts of the Republic of Lithuania have shown the elements of a monistic approach to this problem. The increasing use of international preferential trade agreements and the prevalence of agreements, which establish the customs unions, could also be regarded as a challenge to the development of international economic law and international trade system. Moreover, analysis of the judicial practices of national courts (in the Republic of Lithuania) and the case law of the Court of Justice of the European Union has confirmed that an explicit approach to the relationship existing between international, EU and national customs law has not yet materialised.

The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systematising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.

The master's thesis analyses anti-corruption recommendations issued to Lithuania during the period from 2005 to 2015 by international organisations – Council of Europe (GRECO), European Union and United Nations – and examines their role in reducing corruption in Lithuania. Part one examines the issue of definition and measurement of corruption, formation of collective "anti-corruption" identity, internalisation of international norms and compliance with them, following the theory of constructivism. Part two analyses three anti-corruption assessment mechanisms applied in Lithuania, identifying their strengths and weaknesses, collecting and systematising the recommendations issued to Lithuania by them. Part three explains the methodology of empirical research conducted to assess the role of anti-corruption recommendations in Lithuania. Part four analyses and summarises findings of qualitative research based on an in-depth individual interview with research participants who have had previous experience of working with international assessment mechanisms and implementation of the anti-corruption recommendations issued by them.