Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.1
Indrė Isokaitė-Valužė
The research aims at establishing which activities or situations in maritime domain, which threaten maritime safety and / or maritime security, fall within the concept of international peace and security. Having demonstrated the validity of the international law principles that safeguard international peace and security in maritime area, the research reveals a changing list of the threats to international peace and security, which now encompasses activities and situations at sea, including terrorism, sea piracy and armed robbery against ships, proliferation of weapons of mass destruction, etc. A maritime space safe from such kind of threats generally means maritime security. Thus, a great part of the threats to maritime security are or may constitute threats to international peace and security, subject to their recognition as such threats by the United Nations Security Council in its resolutions. Usually such threats also pose risk to maritime safety (safety at sea, safety of navigation, ships, crew and passengers); however, any threat to maritime safety does not necessarily endanger maritime security or amount to the threat to international peace and security.
{"title":"International Peace and Security in Maritime Domain","authors":"Indrė Isokaitė-Valužė","doi":"10.15388/teise.2022.122.1","DOIUrl":"https://doi.org/10.15388/teise.2022.122.1","url":null,"abstract":"The research aims at establishing which activities or situations in maritime domain, which threaten maritime safety and / or maritime security, fall within the concept of international peace and security. Having demonstrated the validity of the international law principles that safeguard international peace and security in maritime area, the research reveals a changing list of the threats to international peace and security, which now encompasses activities and situations at sea, including terrorism, sea piracy and armed robbery against ships, proliferation of weapons of mass destruction, etc. A maritime space safe from such kind of threats generally means maritime security. Thus, a great part of the threats to maritime security are or may constitute threats to international peace and security, subject to their recognition as such threats by the United Nations Security Council in its resolutions. Usually such threats also pose risk to maritime safety (safety at sea, safety of navigation, ships, crew and passengers); however, any threat to maritime safety does not necessarily endanger maritime security or amount to the threat to international peace and security.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47245687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.6
Vytis Turonis
This article examines the types of church-state interaction and their main features found in Lithuanian and foreign legal literature and highlights the three-tier typology of church-state interaction as formulated by Norman Doe, revealing the constitutional problems of its applicability and assigning specific theoretical types to individual states.
{"title":"Norman Doe’s Proposed Typology of Church-State Interaction and Its Applicability to Comparative Constitutional Law Research","authors":"Vytis Turonis","doi":"10.15388/teise.2022.122.6","DOIUrl":"https://doi.org/10.15388/teise.2022.122.6","url":null,"abstract":"This article examines the types of church-state interaction and their main features found in Lithuanian and foreign legal literature and highlights the three-tier typology of church-state interaction as formulated by Norman Doe, revealing the constitutional problems of its applicability and assigning specific theoretical types to individual states.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.5
Artur Doržinkevič
This article analyzes the concept, origins and application of anti suit injunction. The author examines possibilities of applying anti suit injunction in the case law of the Court of Justice of the European Union and in the case law of individual Member States – Germany and France. After evaluating the examples of foreign court practice, a legal assessment of a possibility to apply anti suit injunction in Lithuanian court practice is presented.
{"title":"The Concept and Application of Anti Suit Injunction in Civil Proceedings of European Union Member States and Lithuania","authors":"Artur Doržinkevič","doi":"10.15388/teise.2022.122.5","DOIUrl":"https://doi.org/10.15388/teise.2022.122.5","url":null,"abstract":"This article analyzes the concept, origins and application of anti suit injunction. The author examines possibilities of applying anti suit injunction in the case law of the Court of Justice of the European Union and in the case law of individual Member States – Germany and France. After evaluating the examples of foreign court practice, a legal assessment of a possibility to apply anti suit injunction in Lithuanian court practice is presented.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.7
Eimantė Pogužinskė
The present article analyses the extent of influence the adopted Article of the Law on Public Administration of the Republic of Lithuania (Art. 368, currently Art. 37), which systematises the basic procedural rights of business entities, has on the protection of business entities’ procedural rights, which are assured by the Supreme Administrative Court of Lithuania in its case law. The precise provisions invoked as basis for procedural rights protection in the case law of the Supreme Administrative Court of Lithuania regarding sanctions imposed on business entities are showcased. Furthermore, the results and plausible reasons for the application or non-application of procedural rights systematized in the Law on Public Administration are appraised.
{"title":"The Protection of the Fundamental Procedural Rights of Business Entitiesby Applying Sanctions and the Results of the Legal Systematization of These Rights","authors":"Eimantė Pogužinskė","doi":"10.15388/teise.2021.121.7","DOIUrl":"https://doi.org/10.15388/teise.2021.121.7","url":null,"abstract":"The present article analyses the extent of influence the adopted Article of the Law on Public Administration of the Republic of Lithuania (Art. 368, currently Art. 37), which systematises the basic procedural rights of business entities, has on the protection of business entities’ procedural rights, which are assured by the Supreme Administrative Court of Lithuania in its case law. The precise provisions invoked as basis for procedural rights protection in the case law of the Supreme Administrative Court of Lithuania regarding sanctions imposed on business entities are showcased. Furthermore, the results and plausible reasons for the application or non-application of procedural rights systematized in the Law on Public Administration are appraised.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.9
Viacheslav Volik, O. Bespalova
The conducted research aims to determine the role of international organizations in the field of maintaining environmental safety. It is concluded that the relevance of the activities of international environmental organizations, governmental and non-governmental, both individually and collectively, make an important contribution to the processes of ensuring and maintaining environmental safety throughout the world, showing the need to disseminate environmental education, invest in environmental projects, increase society’s involvement in cooperation at the national and international levels, update scientific theoretical and practical research, and preserve natural heritage for future generations.
{"title":"The Role of International Organizations in Maintaining Environmental Security","authors":"Viacheslav Volik, O. Bespalova","doi":"10.15388/teise.2021.121.9","DOIUrl":"https://doi.org/10.15388/teise.2021.121.9","url":null,"abstract":"The conducted research aims to determine the role of international organizations in the field of maintaining environmental safety. It is concluded that the relevance of the activities of international environmental organizations, governmental and non-governmental, both individually and collectively, make an important contribution to the processes of ensuring and maintaining environmental safety throughout the world, showing the need to disseminate environmental education, invest in environmental projects, increase society’s involvement in cooperation at the national and international levels, update scientific theoretical and practical research, and preserve natural heritage for future generations.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.4
Giedrė Lastauskienė
The article raises the problem of the distinction between the law and laws arising from changes in legal order or other fundamental social changes. The legal doctrine and case-law relating to cases of historical (transit) justice are examined in the context of the examples of Germany and Lithuania. Under investigation is the model of punishment of persons who collaborated with Soviet occupiers and contributed to the elimination of participants of the resistance movement, implemented in Lithuania, revealing the factors influencing the change in this model.
{"title":"Solving Cases of Historical Justice: How Lithuanians Defended Their Tribe","authors":"Giedrė Lastauskienė","doi":"10.15388/teise.2021.121.4","DOIUrl":"https://doi.org/10.15388/teise.2021.121.4","url":null,"abstract":"The article raises the problem of the distinction between the law and laws arising from changes in legal order or other fundamental social changes. The legal doctrine and case-law relating to cases of historical (transit) justice are examined in the context of the examples of Germany and Lithuania. Under investigation is the model of punishment of persons who collaborated with Soviet occupiers and contributed to the elimination of participants of the resistance movement, implemented in Lithuania, revealing the factors influencing the change in this model.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.2
A. Dambrauskaitė
The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an infringement of the principle of proportionality and the European Convention on Human Rights. Decisions of two courts of cassation belonging to the continental law tradition (the Lithuanian Supreme Court and the French Court of Cassation) illustrate such a control of the application of the principle of proportionality in concreto. While national law is subject to an increasing impact of the case law of supranational courts, the legitimacy of such national court decisions is discussed also in the context of the transformations taking place in regard to the role of a judge.
{"title":"Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?","authors":"A. Dambrauskaitė","doi":"10.15388/teise.2021.121.2","DOIUrl":"https://doi.org/10.15388/teise.2021.121.2","url":null,"abstract":"The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an infringement of the principle of proportionality and the European Convention on Human Rights. Decisions of two courts of cassation belonging to the continental law tradition (the Lithuanian Supreme Court and the French Court of Cassation) illustrate such a control of the application of the principle of proportionality in concreto. While national law is subject to an increasing impact of the case law of supranational courts, the legitimacy of such national court decisions is discussed also in the context of the transformations taking place in regard to the role of a judge.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.6
Donatas Murauskas
In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship. I question this dominance by providing insights on the essence and application potential of the alternative methodology – the doctrine of originalism. Based on originalistic approach, I doubt the normative claim made in Lithuanian constitutional scholarship that soft law could be considered as a mandatory source of interpretation of the Lithuanian Constitution.
{"title":"The Status of Soft Law in Interpreting the Lithuanian Constitution","authors":"Donatas Murauskas","doi":"10.15388/teise.2021.121.6","DOIUrl":"https://doi.org/10.15388/teise.2021.121.6","url":null,"abstract":"In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship. I question this dominance by providing insights on the essence and application potential of the alternative methodology – the doctrine of originalism. Based on originalistic approach, I doubt the normative claim made in Lithuanian constitutional scholarship that soft law could be considered as a mandatory source of interpretation of the Lithuanian Constitution.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.1
G. Valickas, Gintaras Švedas, Kristina Vanagaitė, Dovilė Barysė
The article analyzes how, during the 1st wave of the coronavirus pandemic, participants of a study (n = 331) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, and the perceived fairness of the behavior of other people during the pandemic. The article also studies the relationships among these assessments, including the related well-being and sociodemographic characteristics.
{"title":"Lay Evaluations of Restraints and Prohibitions During the 1st Wave of the COVID-19 Pandemic in Lithuania","authors":"G. Valickas, Gintaras Švedas, Kristina Vanagaitė, Dovilė Barysė","doi":"10.15388/teise.2021.121.1","DOIUrl":"https://doi.org/10.15388/teise.2021.121.1","url":null,"abstract":"The article analyzes how, during the 1st wave of the coronavirus pandemic, participants of a study (n = 331) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, and the perceived fairness of the behavior of other people during the pandemic. The article also studies the relationships among these assessments, including the related well-being and sociodemographic characteristics.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.8
S. Kavyn, Ivan Bratsuk, A. Lytvynenko
This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.
{"title":"Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France","authors":"S. Kavyn, Ivan Bratsuk, A. Lytvynenko","doi":"10.15388/teise.2021.121.8","DOIUrl":"https://doi.org/10.15388/teise.2021.121.8","url":null,"abstract":"This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49574678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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