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Jungtinių Tautų taikos palaikymo misijų teisinis reglamentavimas ; Legal Regulation of United Nations Peacekeeping Operations
In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.
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Jungtinių Tautų taikos palaikymo misijų teisinis reglamentavimas ; Legal Regulation of United Nations Peacekeeping Operations
In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.
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Jungtinių Tautų Organizacijos Saugumo Taryba: bendrieji ir specialieji įgaliojimai ; United Nations Security Council: general and special powers
Security Council is one of the main institutions of the United Nations. It has both general and special powers. General power is maintenance of international peace and security. Special powers are indicated in VI, VII, VIII and XII chapters of the Charter of United Nations. Security Council can undertake various sanctions against aggressors. This institution enacts legally binding resolutions according to VII chapter of the Charter. They are obligatory. Historical process and composition of the Security Council is being discussed in the first part of this work. General and special powers of the Security Council are described in another part of this master thesis. The main problems of this work are concentrated on enactment of resolutions of the institution and effectiveness of peace – keeping missions. Also necessity of the reform of the Security Council is mentioned. Cooperation between Security Council and regional organizations is described too. Finally, author of this work provides conclusions using logical method. The importance of the Security Council in maintaining international peace and security is beyond a reasonable doubt. However, often states are not willing to obey the requirements of the Security Council. More effective and operative participation in solution of conflict would be possible after the reform of the Security Council.
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Tarptautinis bendradarbiavimas dėl mirtinų autonominių ginklų: Jungtinių tautų atvejis ; International cooperation on lethal autonomous weapons: the case of united nations
Master's thesis examines the inability of the states to agree on the regulation of lethal autonomous weapons at the United Nations. The chosen study case is analyzed by the method of process tracing analysis, a causal mechanism is constructed by using the regime theories and the theoretical assumptions of the formation of international norms. The thesis discusses the specificity of lethal autonomous weapons, issues of definitions of such weapon systems, their threats and benefits. The master's thesis proves the importance of new technologies for the development of international norms and identifies the factors that determine the formation of international norms.It is discussed that new military technology encourages competition between states, resulting in the possibility of changing the balance of power therefore the competition for power hinders cooperation at United Nations level.
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Tarptautinis bendradarbiavimas dėl mirtinų autonominių ginklų: Jungtinių tautų atvejis ; International cooperation on lethal autonomous weapons: the case of united nations
Master's thesis examines the inability of the states to agree on the regulation of lethal autonomous weapons at the United Nations. The chosen study case is analyzed by the method of process tracing analysis, a causal mechanism is constructed by using the regime theories and the theoretical assumptions of the formation of international norms. The thesis discusses the specificity of lethal autonomous weapons, issues of definitions of such weapon systems, their threats and benefits. The master's thesis proves the importance of new technologies for the development of international norms and identifies the factors that determine the formation of international norms.It is discussed that new military technology encourages competition between states, resulting in the possibility of changing the balance of power therefore the competition for power hinders cooperation at United Nations level.
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Tarptautinis bendradarbiavimas dėl mirtinų autonominių ginklų: Jungtinių tautų atvejis ; International cooperation on lethal autonomous weapons: the case of united nations
Master's thesis examines the inability of the states to agree on the regulation of lethal autonomous weapons at the United Nations. The chosen study case is analyzed by the method of process tracing analysis, a causal mechanism is constructed by using the regime theories and the theoretical assumptions of the formation of international norms. The thesis discusses the specificity of lethal autonomous weapons, issues of definitions of such weapon systems, their threats and benefits. The master's thesis proves the importance of new technologies for the development of international norms and identifies the factors that determine the formation of international norms.It is discussed that new military technology encourages competition between states, resulting in the possibility of changing the balance of power therefore the competition for power hinders cooperation at United Nations level.
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Tarptautinis bendradarbiavimas dėl mirtinų autonominių ginklų: Jungtinių tautų atvejis ; International cooperation on lethal autonomous weapons: the case of united nations
Master's thesis examines the inability of the states to agree on the regulation of lethal autonomous weapons at the United Nations. The chosen study case is analyzed by the method of process tracing analysis, a causal mechanism is constructed by using the regime theories and the theoretical assumptions of the formation of international norms. The thesis discusses the specificity of lethal autonomous weapons, issues of definitions of such weapon systems, their threats and benefits. The master's thesis proves the importance of new technologies for the development of international norms and identifies the factors that determine the formation of international norms.It is discussed that new military technology encourages competition between states, resulting in the possibility of changing the balance of power therefore the competition for power hinders cooperation at United Nations level.
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The Baltic youth march to the United Nations of November 13th, 1965 ; 1965 m. lapkričio 13 d. baltiečių jaunimo žygis į Jungtines Tautas
During the Soviet occupation, Lithuanians living abroad represented Lithuania in the West, concentrating on the so-called Freedom Case of Lithuania. Efforts through various political diplomatic actions were made to constantly remind the world of the occupation of Lithuania and other Baltic countries and the aspirations for the independence of these nations. One of the largest political campaigns organized by young people of that time was "the march to the United Nations" which took place in New York in November 13th, 1965, gaining widespread public support and strengthening the bond and cooperation of the young generation of the three Baltic nations (Lithuanian-Latvian-Estonian). During this political campaign, the West was reminded of the issue of the Baltic nations, thus information reached not only US but also politicians from other countries and other members of the United Nations. The youth march continued in 1966, when a joint organisation of Lithuanians, Latvians and Estonians "Baltic Appeal to the United Nations" (BATUN) was established. ; Sovietų okupacijos metais užsienio lietuviai atstovavo Lietuvai Vakaruose, telkėsi į vadinamąją Lietuvos laisvės bylą. Įvairiomis politinėmis, diplomatinėmis akcijomis buvo stengiamasi nuolat priminti pasauliui apie Lietuvos ir kitų Baltijos kraštų okupaciją ir šių tautų nepriklausomybės siekius. 1965 m. lapkričio 13 d. Niujorke įvykęs žygis į Jungtines Tautas buvo viena didžiausių to meto jaunimo surengtų politinių akcijų, sulaukusių didžiulio visuomenės palaikymo ir sustiprinusių trijų Baltijos tautų (lietuvių, latvių ir estų) jaunosios kartos ryšius ir bendradarbiavimą politinėje veikloje. Šios politinės akcijos metu Vakarams buvo primintas Baltijos kraštų klausimas, informacija pasiekė ne tik JAV, bet ir kitų kraštų politikus, kitas Jungtinių Tautų nares. Pradėtą jaunimo žygį tęsė 1966 m. įkurta bendra lietuvių, latvių ir estų organizacija "Baltic Appeal to the United Nations" (BATUN).
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The United Nations System and European Convention on Human Rights: Dialogue or Confrontation ; Jungtinių Tautų sistema ir Europos Žmogaus teisių konvencija: dialogas ar konfrontacija
The Master Thesis is devoted to the study of the content of States' obligations stemming from the UN Charter and the ECHR while implementing targeted sanctions imposed by UNSC RESs. The main objectives of the Master Thesis were to analyse the provisions of the UN Charter, the ECHR and the ECtHR's case law and to find out whether it is possible to meet obligations simultaneously under both international legal orders while implementing targeted sanctions; and to establish whether the UN security system and the ECHR have a dialogue or confront each other. The research has shown that Member States to the UN Charter are obliged to implement UNSC RESs concerning targeted sanctions. Moreover, Art. 103 of the UN Charter prioritises «obligations of the Members of the United Nations under the present Charter».The ECtHR, while analysing obligations of States' under ECHR when they implemented targeted sanctions in the Al-Jedda, Nada, and Al-Dulimi cases clearly avoided a conflict between legal orders of the UN and the ECHR by using a harmonisation technique. By doing so, the Court created a dialogue between two international legal instruments. However, at the same time, the ECtHR put the burden of balance between the UN Charter and the ECHR on States Parties to the ECHR. Resolutions concerning targeted sanctions usually impose an unconditional obligation on Member States. The actions that States are required to take while implementing UNSC targeted sanctions resolutions are time consuming and de facto States Parties to the ECHR are required to give priority to one of the two legal instruments. Thus, it leads to a confrontation between the ECHR and the UN security system in reality.
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Jungtinių Tautų ir Europos Sąjungos tikslinių finansinių priemonių priskyrimas baudžiamojo pobūdžio priemonėms ; Targeted financial sanctions of the United Nations and the European Union: attribution of criminal character
The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and argues that in the context of the international human rights law these measures shall be considered of the criminal character.
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Jungtinių Tautų ir Europos Sąjungos tikslinių finansinių priemonių priskyrimas baudžiamojo pobūdžio priemonėms ; Targeted financial sanctions of the United Nations and the European Union: attribution of criminal character
The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and argues that in the context of the international human rights law these measures shall be considered of the criminal character.
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Jungtinių Tautų ir Europos Sąjungos tikslinių finansinių priemonių priskyrimas baudžiamojo pobūdžio priemonėms ; Targeted financial sanctions of the United Nations and the European Union: attribution of criminal character
The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and argues that in the context of the international human rights law these measures shall be considered of the criminal character.
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Jungtinių Tautų ir Europos Sąjungos tikslinių finansinių priemonių priskyrimas baudžiamojo pobūdžio priemonėms ; Targeted financial sanctions of the United Nations and the European Union: attribution of criminal character
The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and argues that in the context of the international human rights law these measures shall be considered of the criminal character.
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Jungtinių Tautų ir Europos Sąjungos teisinės priemonės sprendžiant klimato kaitos problemas ; United nations and european union legal instruments for solving of climate change problems
Climate change is caused by global warming, an increase in the average air temperature of the world. Continued warming can harm the economy of certain regions and damage ecosystems. The adoption of the Framework Convention on Climate Change (UNFCCC) in 1992 was a major step forward in tackling the problem of global warming. Yet as greenhouse gas emission levels continued to rise around the world, it became increasingly evident that only a firm and binding commitment by developed countries to reduce emissions could solve the problem of climate change. The Kyoto Protocol of the UNFCCC was adopted in Kyoto, Japan, on 11 December 1997. The major distinction between the two, however, is that while the UNFCCC encouraged developed countries to stabilize greenhouse gas emissions, the Protocol commits them to do so. The Protocol requires developed countries to reduce their greenhouse gas emissions below levels specified for each of them in the Treaty. These targets must be met within a five-year time frame between 2008 and 2012, and add up to a total cut in greenhouse gas emissions of at least 5 % against the baseline of 1990. In order to give Parties a certain degree of flexibility in meeting their emission reduction targets, the Protocol developed three innovative mechanisms - known as Emissions Trading, Joint Implementation (JI) and the Clean Development Mechanism (CDM). The detailed rules for its implementation were adopted in Marrakesh in 2001, and are called the "Marrakesh Accords." The European Union is a part to the UNFCCC and its Kyoto Protocol. The EU has put legislation and policies in place to meet their commitments to cut greenhouse gas emissions at 8 % against the baseline of 1990 and has created The Greenhouse Gas Emissions Trading Scheme - the first carbon market in the world. The EU is a leading regional organisation in fighting the climate change. Also it is implementing a number of domestic legal instruments, such as green certificate system. Lithuania as the EU member state has ratified the UNFCCC, the Kyoto Protocol, and has transposed the EU directives regarding the greenhouse gas emission reduction regime and the trade of emissions credits. However Lithuania has failed to fully implement the legislation mentioned above. The Climate Change Law, which is believed to establish thorough legal regulation of climate change management, is being drafted.
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