After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
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.