that long dominated in the discussions of aging, the focus has shifted to the emphasis of intergenerational solidarity and prohibition of the age discrimination.
that long dominated in the discussions of aging, the focus has shifted to the emphasis of intergenerational solidarity and prohibition of the age discrimination.
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.
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.
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.
This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.
This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.
This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.
This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
The collective bargaining is necessary to protect the employee's, as a weeker part of labour relationships, interests and to make working conditions and social guarantees better. The parties of the collective bargaining are employers, their groups or organizations and employees' organizations or their representatives. The procedure of collective bargaining is regulated by national law, depending on each state conditions and expirience concerning collective bargaining. Very important are principles of collective bargaining, because collective bargaining are iniciated freely, voluntary and independent and about the content parties decide themselves without the intervention of the state. One of the most important principle is right to organise collective bargaining. This principle fixes employers and employees rights. Collective bargaining is very important to make labour relationships steady and to solve collective disputes. Collective bargaining is regulated bu international law, European community international law and national law. International labour organisation (ILO) adopted Conventions and recommendations are one of the most important source in International labour law concerning collective bargaining. In these conventions and recommendations are fixed most important provisions and and directions to the member states concerning above-mentioned bargaining. Lithuanian has ratified these Convenctions and must keep their provisions. The European law the most important is European social charter Intenational legislation and European community creatided law fixed mostly common provisions concerning collective bargaining. The provisions fixed the rigt of collective bargaining, the states are obliged to promote collective bargaining, the basic principles, parties of collective bargaining and content are fixed in above-mentioned legislation. The work examines the question about Lithuanian national law adjustice to the Interntional labour law and European labour law and why the collective bargaining mechanism is not regulated in the national law.