Suchergebnisse
Filter
1125 Ergebnisse
Sortierung:
Issues of cyber warfare in international law ; Kibernetinio karo problematika tarptautinėje teisėje
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 The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated.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.
BASE
Issues of cyber warfare in international law ; Kibernetinio karo problematika tarptautinėje teisėje
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.
BASE
Tarptautinės teisės reikšmė nacionalinei baudžiamajai teisei ; Significance of International Law to Lithuanian 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.
BASE
Tarptautinės teisės reikšmė nacionalinei baudžiamajai teisei ; Significance of International Law to Lithuanian 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.
BASE
Tarptautinės teisės reikšmė nacionalinei baudžiamajai teisei ; Significance of International Law to Lithuanian 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.
BASE
Tarptautinės teisės reikšmė nacionalinei baudžiamajai teisei ; Significance of International Law to Lithuanian 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.
BASE
Prohibition of Incitement to Hatred in International Law ; Neapykantos kurstymo draudimas tarptautinėje teisėje
The thesis investigates the issue of the prohibition of incitement to hatred in International law. This issue is covered by a different international instruments, which have different approaches on its understanding. The case law created by the international judicial bodies which is empowered to examine complains on actions of States reflects this situation with an ambiguous and sometimes controversial decisions. Similar situation is observed in the academic field, there are different approaches on the understanding the public incitement to hatred. At the same time, current and future challenges, such as the world crisis, armed conflicts, globalization and migration create conditions in which there is a high possibility of the intolerant discriminative atmosphere in which one group may be incited towards another. The development of information technologies, such as social media and the Internet as such, provide fast and unlimited circulation of information, which also may include incitement to hatred. Due to that facts, it is crucial to create a unified approach on the public incitement to hatred, which covers relevant legislation, judicial practice and the findings of scholars and may be used by the national and international authorities to determine and eliminate different forms of public incitement to hatred.
BASE
Prohibition of Incitement to Hatred in International Law ; Neapykantos kurstymo draudimas tarptautinėje teisėje
The thesis investigates the issue of the prohibition of incitement to hatred in International law. This issue is covered by a different international instruments, which have different approaches on its understanding. The case law created by the international judicial bodies which is empowered to examine complains on actions of States reflects this situation with an ambiguous and sometimes controversial decisions. Similar situation is observed in the academic field, there are different approaches on the understanding the public incitement to hatred. At the same time, current and future challenges, such as the world crisis, armed conflicts, globalization and migration create conditions in which there is a high possibility of the intolerant discriminative atmosphere in which one group may be incited towards another. The development of information technologies, such as social media and the Internet as such, provide fast and unlimited circulation of information, which also may include incitement to hatred. Due to that facts, it is crucial to create a unified approach on the public incitement to hatred, which covers relevant legislation, judicial practice and the findings of scholars and may be used by the national and international authorities to determine and eliminate different forms of public incitement to hatred.
BASE
Diplomatic asylum in the context of public international law ; Diplomatinis prieglobstis tarptautinės viešosios teisės kontekste
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.
BASE
Diplomatic asylum in the context of public international law ; Diplomatinis prieglobstis tarptautinės viešosios teisės kontekste
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.
BASE
Privatusis konkurencijos teisės įgyvendinimas ir tarptautinė privatinė teisė ; Private enforcement of competition law and 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.
BASE
Privatusis konkurencijos teisės įgyvendinimas ir tarptautinė privatinė teisė ; Private enforcement of competition law and 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.
BASE
Privatusis konkurencijos teisės įgyvendinimas ir tarptautinė privatinė teisė ; Private enforcement of competition law and 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.
BASE
Privatusis konkurencijos teisės įgyvendinimas ir tarptautinė privatinė teisė ; Private enforcement of competition law and 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.
BASE