Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
The phenomenon of litigation funding is not new – it can be seen since the ancient times, however, has not been applicable for a long time in both civil and continental law countries. As society matures, attitudes to judicial and alternative dispute resolution have also changed. There is a tremendous breakthrough in the third-party funding in the international arbitration, therefore, the most problematic issues of this institute are analyzed. The purpose of this master thesis is to reveal the influence of the third-party funding in the arbitration on the management of conflicts of interest and the obligation to disclose the fact of funding, the reimbursement of arbitration costs and their security and to submit proposals to the Lithuanian legislator on the possible regulation of the third-party funding in arbitration in order to ensure an effective arbitration process. Taking into account the fact that the funder of arbitration proceedings is neither a party to the arbitration agreement, nor a party to the arbitration proceedings, there is a lack of legal certainty on whether the participation of such subject may cause conflict of interest, and whether the legal costs, success fee, and expenses related to the funding may be reimbursed by the losing party. Moreover, the natural question arises whether the arbitrators have the right to oblige the third-party funder to directly reimburse the costs of the losing party or to order a security for costs. After analysis of foreign law, arbitration rules of permanent arbitration bodies, doctrine, case law and arbitration practice, it was concluded that in the context of institute of third-party funding in the arbitration, the conflicts of interest between the third-party funders and the arbitrators may arise, and in order to avoid this, it is necessary to disclose the fact of the third-party funding to the parties and arbitrators. Likewise, the arbitrators, who have a discretionary power over the allocation of arbitration costs shall award legal costs to the losing party if the funded party is obliged by the funding agreement to reimburse the legal costs to the third-party funder. Financing costs incurred by the third-party funder may be awarded if they meet the necessity and reasonableness requirements. The success fee from the losing party shall not be awarded, whereas such costs do not meet the above-mentioned requirements. Furthermore, the mere fact of third-party funding is not and cannot be a sufficient ground to award the security for costs of opposing party, since the arbitrators must also take into consideration other circumstances such as: the terms of the funding agreement, merits of the claim, prospects of success of the dispute, the financial capacity of the funded party and its alteration since the moment of entering into the arbitration agreement.
The phenomenon of litigation funding is not new – it can be seen since the ancient times, however, has not been applicable for a long time in both civil and continental law countries. As society matures, attitudes to judicial and alternative dispute resolution have also changed. There is a tremendous breakthrough in the third-party funding in the international arbitration, therefore, the most problematic issues of this institute are analyzed. The purpose of this master thesis is to reveal the influence of the third-party funding in the arbitration on the management of conflicts of interest and the obligation to disclose the fact of funding, the reimbursement of arbitration costs and their security and to submit proposals to the Lithuanian legislator on the possible regulation of the third-party funding in arbitration in order to ensure an effective arbitration process. Taking into account the fact that the funder of arbitration proceedings is neither a party to the arbitration agreement, nor a party to the arbitration proceedings, there is a lack of legal certainty on whether the participation of such subject may cause conflict of interest, and whether the legal costs, success fee, and expenses related to the funding may be reimbursed by the losing party. Moreover, the natural question arises whether the arbitrators have the right to oblige the third-party funder to directly reimburse the costs of the losing party or to order a security for costs. After analysis of foreign law, arbitration rules of permanent arbitration bodies, doctrine, case law and arbitration practice, it was concluded that in the context of institute of third-party funding in the arbitration, the conflicts of interest between the third-party funders and the arbitrators may arise, and in order to avoid this, it is necessary to disclose the fact of the third-party funding to the parties and arbitrators. Likewise, the arbitrators, who have a discretionary power over the allocation of arbitration costs shall award legal costs to the losing party if the funded party is obliged by the funding agreement to reimburse the legal costs to the third-party funder. Financing costs incurred by the third-party funder may be awarded if they meet the necessity and reasonableness requirements. The success fee from the losing party shall not be awarded, whereas such costs do not meet the above-mentioned requirements. Furthermore, the mere fact of third-party funding is not and cannot be a sufficient ground to award the security for costs of opposing party, since the arbitrators must also take into consideration other circumstances such as: the terms of the funding agreement, merits of the claim, prospects of success of the dispute, the financial capacity of the funded party and its alteration since the moment of entering into the arbitration agreement.
The phenomenon of litigation funding is not new – it can be seen since the ancient times, however, has not been applicable for a long time in both civil and continental law countries. As society matures, attitudes to judicial and alternative dispute resolution have also changed. There is a tremendous breakthrough in the third-party funding in the international arbitration, therefore, the most problematic issues of this institute are analyzed. The purpose of this master thesis is to reveal the influence of the third-party funding in the arbitration on the management of conflicts of interest and the obligation to disclose the fact of funding, the reimbursement of arbitration costs and their security and to submit proposals to the Lithuanian legislator on the possible regulation of the third-party funding in arbitration in order to ensure an effective arbitration process. Taking into account the fact that the funder of arbitration proceedings is neither a party to the arbitration agreement, nor a party to the arbitration proceedings, there is a lack of legal certainty on whether the participation of such subject may cause conflict of interest, and whether the legal costs, success fee, and expenses related to the funding may be reimbursed by the losing party. Moreover, the natural question arises whether the arbitrators have the right to oblige the third-party funder to directly reimburse the costs of the losing party or to order a security for costs. After analysis of foreign law, arbitration rules of permanent arbitration bodies, doctrine, case law and arbitration practice, it was concluded that in the context of institute of third-party funding in the arbitration, the conflicts of interest between the third-party funders and the arbitrators may arise, and in order to avoid this, it is necessary to disclose the fact of the third-party funding to the parties and arbitrators. Likewise, the arbitrators, who have a discretionary power over the allocation of arbitration costs shall award legal costs to the losing party if the funded party is obliged by the funding agreement to reimburse the legal costs to the third-party funder. Financing costs incurred by the third-party funder may be awarded if they meet the necessity and reasonableness requirements. The success fee from the losing party shall not be awarded, whereas such costs do not meet the above-mentioned requirements. Furthermore, the mere fact of third-party funding is not and cannot be a sufficient ground to award the security for costs of opposing party, since the arbitrators must also take into consideration other circumstances such as: the terms of the funding agreement, merits of the claim, prospects of success of the dispute, the financial capacity of the funded party and its alteration since the moment of entering into the arbitration agreement.
The phenomenon of litigation funding is not new – it can be seen since the ancient times, however, has not been applicable for a long time in both civil and continental law countries. As society matures, attitudes to judicial and alternative dispute resolution have also changed. There is a tremendous breakthrough in the third-party funding in the international arbitration, therefore, the most problematic issues of this institute are analyzed. The purpose of this master thesis is to reveal the influence of the third-party funding in the arbitration on the management of conflicts of interest and the obligation to disclose the fact of funding, the reimbursement of arbitration costs and their security and to submit proposals to the Lithuanian legislator on the possible regulation of the third-party funding in arbitration in order to ensure an effective arbitration process. Taking into account the fact that the funder of arbitration proceedings is neither a party to the arbitration agreement, nor a party to the arbitration proceedings, there is a lack of legal certainty on whether the participation of such subject may cause conflict of interest, and whether the legal costs, success fee, and expenses related to the funding may be reimbursed by the losing party. Moreover, the natural question arises whether the arbitrators have the right to oblige the third-party funder to directly reimburse the costs of the losing party or to order a security for costs. After analysis of foreign law, arbitration rules of permanent arbitration bodies, doctrine, case law and arbitration practice, it was concluded that in the context of institute of third-party funding in the arbitration, the conflicts of interest between the third-party funders and the arbitrators may arise, and in order to avoid this, it is necessary to disclose the fact of the third-party funding to the parties and arbitrators. Likewise, the arbitrators, who have a discretionary power over the allocation of arbitration costs shall award legal costs to the losing party if the funded party is obliged by the funding agreement to reimburse the legal costs to the third-party funder. Financing costs incurred by the third-party funder may be awarded if they meet the necessity and reasonableness requirements. The success fee from the losing party shall not be awarded, whereas such costs do not meet the above-mentioned requirements. Furthermore, the mere fact of third-party funding is not and cannot be a sufficient ground to award the security for costs of opposing party, since the arbitrators must also take into consideration other circumstances such as: the terms of the funding agreement, merits of the claim, prospects of success of the dispute, the financial capacity of the funded party and its alteration since the moment of entering into the arbitration agreement.
A company needs to first calculate the risk factors and look at both advantages and disadvantages of international trade financing methods before choosing one. Also, a company must take into account the conditions of supplying, their partners and their own financial stance, countries' political, economic and social situation, the cost of international financing method. A company may choose the right, most secure and trustworthy international trade financing method after it has properly evaluated these factors. Therefore, the task of choosing the right method is relevant to every company engaging in international trade operations. It determines this master thesis topic's relevancy. The object of study of this master thesis – a company's international trade expansion and its financial models. The aim – to make a comparison of Mantinga , Ltd international trade financing models' analysis after the research of a company's international trade financial alternatives. The tasks established to achieve the set object are as follows: name the problems of international trade financing after thoroughly investigating international trade importance to companies' activities; unveil the essence of international trade financing based on scientific literature analysis; identify the fundamental financing models of international trade; form a methodology for the research of international trade financing; conduct the models' analysis of international trade expanse financing of Mantinga, Ltd. Lately, it has been noticed that the international trade scale is increasing. The financial reserves needed to engage in and expand such trade, determine the importance of choosing sources and methods of such trade. Thus, every company encounters obstacles which are related to its international trade financing source (inner or outer) and methods that reduce expenses and minimalize risks related to the companies' international trade operations decisions. The financing of international trade operations is distinguished by quite a large variety. Depending on the duration and objectives of funding, the amount of the transaction, the own funds of economic entities, additional participants (factoring, forfeiting organizations, export credit agencies) or certain financing conditions (discounting, bank guarantees) could be included into the model. The advantage of each model of international trade financing is the increasing of competitiveness – payment conditions are increasingly used as competitive instruments during the negotiation process. Customers seek for bargains to ensure reliable and attractive credit conditions. Merchants who have access to financing instruments are in a better position, which can stimulate export and national income growth. Based on Mantinga', Ltd financial responsibility and its financial activities results analysis, it was established that Mantinga, Lt should adopt factoring for its export since its expenses are 53 percent less than the bank's financed credit value for the same scale exports. The company also benefits additionally with factoring. It no longer needs to make discounts to clients who check out expeditiously. The risk of customers not paying in time gets eliminated and, as such, detriments are saved due to such failed payments. Factoring also improves customers' payment behavior, enhances the company's credit rating and the overall appeal in the view of interested countries.
A company needs to first calculate the risk factors and look at both advantages and disadvantages of international trade financing methods before choosing one. Also, a company must take into account the conditions of supplying, their partners and their own financial stance, countries' political, economic and social situation, the cost of international financing method. A company may choose the right, most secure and trustworthy international trade financing method after it has properly evaluated these factors. Therefore, the task of choosing the right method is relevant to every company engaging in international trade operations. It determines this master thesis topic's relevancy. The object of study of this master thesis – a company's international trade expansion and its financial models. The aim – to make a comparison of Mantinga , Ltd international trade financing models' analysis after the research of a company's international trade financial alternatives. The tasks established to achieve the set object are as follows: name the problems of international trade financing after thoroughly investigating international trade importance to companies' activities; unveil the essence of international trade financing based on scientific literature analysis; identify the fundamental financing models of international trade; form a methodology for the research of international trade financing; conduct the models' analysis of international trade expanse financing of Mantinga, Ltd. Lately, it has been noticed that the international trade scale is increasing. The financial reserves needed to engage in and expand such trade, determine the importance of choosing sources and methods of such trade. Thus, every company encounters obstacles which are related to its international trade financing source (inner or outer) and methods that reduce expenses and minimalize risks related to the companies' international trade operations decisions. The financing of international trade operations is distinguished by quite a large variety. Depending on the duration and objectives of funding, the amount of the transaction, the own funds of economic entities, additional participants (factoring, forfeiting organizations, export credit agencies) or certain financing conditions (discounting, bank guarantees) could be included into the model. The advantage of each model of international trade financing is the increasing of competitiveness – payment conditions are increasingly used as competitive instruments during the negotiation process. Customers seek for bargains to ensure reliable and attractive credit conditions. Merchants who have access to financing instruments are in a better position, which can stimulate export and national income growth. Based on Mantinga', Ltd financial responsibility and its financial activities results analysis, it was established that Mantinga, Lt should adopt factoring for its export since its expenses are 53 percent less than the bank's financed credit value for the same scale exports. The company also benefits additionally with factoring. It no longer needs to make discounts to clients who check out expeditiously. The risk of customers not paying in time gets eliminated and, as such, detriments are saved due to such failed payments. Factoring also improves customers' payment behavior, enhances the company's credit rating and the overall appeal in the view of interested countries.
A company needs to first calculate the risk factors and look at both advantages and disadvantages of international trade financing methods before choosing one. Also, a company must take into account the conditions of supplying, their partners and their own financial stance, countries' political, economic and social situation, the cost of international financing method. A company may choose the right, most secure and trustworthy international trade financing method after it has properly evaluated these factors. Therefore, the task of choosing the right method is relevant to every company engaging in international trade operations. It determines this master thesis topic's relevancy. The object of study of this master thesis – a company's international trade expansion and its financial models. The aim – to make a comparison of Mantinga , Ltd international trade financing models' analysis after the research of a company's international trade financial alternatives. The tasks established to achieve the set object are as follows: name the problems of international trade financing after thoroughly investigating international trade importance to companies' activities; unveil the essence of international trade financing based on scientific literature analysis; identify the fundamental financing models of international trade; form a methodology for the research of international trade financing; conduct the models' analysis of international trade expanse financing of Mantinga, Ltd. Lately, it has been noticed that the international trade scale is increasing. The financial reserves needed to engage in and expand such trade, determine the importance of choosing sources and methods of such trade. Thus, every company encounters obstacles which are related to its international trade financing source (inner or outer) and methods that reduce expenses and minimalize risks related to the companies' international trade operations decisions. The financing of international trade operations is distinguished by quite a large variety. Depending on the duration and objectives of funding, the amount of the transaction, the own funds of economic entities, additional participants (factoring, forfeiting organizations, export credit agencies) or certain financing conditions (discounting, bank guarantees) could be included into the model. The advantage of each model of international trade financing is the increasing of competitiveness – payment conditions are increasingly used as competitive instruments during the negotiation process. Customers seek for bargains to ensure reliable and attractive credit conditions. Merchants who have access to financing instruments are in a better position, which can stimulate export and national income growth. Based on Mantinga', Ltd financial responsibility and its financial activities results analysis, it was established that Mantinga, Lt should adopt factoring for its export since its expenses are 53 percent less than the bank's financed credit value for the same scale exports. The company also benefits additionally with factoring. It no longer needs to make discounts to clients who check out expeditiously. The risk of customers not paying in time gets eliminated and, as such, detriments are saved due to such failed payments. Factoring also improves customers' payment behavior, enhances the company's credit rating and the overall appeal in the view of interested countries.
A company needs to first calculate the risk factors and look at both advantages and disadvantages of international trade financing methods before choosing one. Also, a company must take into account the conditions of supplying, their partners and their own financial stance, countries' political, economic and social situation, the cost of international financing method. A company may choose the right, most secure and trustworthy international trade financing method after it has properly evaluated these factors. Therefore, the task of choosing the right method is relevant to every company engaging in international trade operations. It determines this master thesis topic's relevancy. The object of study of this master thesis – a company's international trade expansion and its financial models. The aim – to make a comparison of Mantinga , Ltd international trade financing models' analysis after the research of a company's international trade financial alternatives. The tasks established to achieve the set object are as follows: name the problems of international trade financing after thoroughly investigating international trade importance to companies' activities; unveil the essence of international trade financing based on scientific literature analysis; identify the fundamental financing models of international trade; form a methodology for the research of international trade financing; conduct the models' analysis of international trade expanse financing of Mantinga, Ltd. Lately, it has been noticed that the international trade scale is increasing. The financial reserves needed to engage in and expand such trade, determine the importance of choosing sources and methods of such trade. Thus, every company encounters obstacles which are related to its international trade financing source (inner or outer) and methods that reduce expenses and minimalize risks related to the companies' international trade operations decisions. The financing of international trade operations is distinguished by quite a large variety. Depending on the duration and objectives of funding, the amount of the transaction, the own funds of economic entities, additional participants (factoring, forfeiting organizations, export credit agencies) or certain financing conditions (discounting, bank guarantees) could be included into the model. The advantage of each model of international trade financing is the increasing of competitiveness – payment conditions are increasingly used as competitive instruments during the negotiation process. Customers seek for bargains to ensure reliable and attractive credit conditions. Merchants who have access to financing instruments are in a better position, which can stimulate export and national income growth. Based on Mantinga', Ltd financial responsibility and its financial activities results analysis, it was established that Mantinga, Lt should adopt factoring for its export since its expenses are 53 percent less than the bank's financed credit value for the same scale exports. The company also benefits additionally with factoring. It no longer needs to make discounts to clients who check out expeditiously. The risk of customers not paying in time gets eliminated and, as such, detriments are saved due to such failed payments. Factoring also improves customers' payment behavior, enhances the company's credit rating and the overall appeal in the view of interested countries.
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.
