The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal form of a (...) company is needed. It provides the analysis of the main provisions of the proposal for the Regulation, the assessment of advantages and drawbacks of the alternatives introduced by the European Parliament and considered in the Council of the European Union, evaluation of the response of these provisions to the specific needs of small and medium-sized enterprises. The article also presents conclusions and suggestions for the improvement of the legal provisions. (shrink)

The main goal of concentration control and basic legal tests applied worldwide for the evaluation of concentrations, such as “dominance”, “significant impediment of competition” and “substantial lessening of competition” are analysed in this article. Every control, whatever its nature, is implemented in order to reach certain goals. In the first part of this article we analyse the goals of concentration control in different jurisdictions – mostly in the European Union, the USA and Lithuania. Four basic market security standards are excluded: (...) economic efficiency, protection of consumers, protection of competitors and protection of effective market competition. At the end we make a conclusion that the same standard, namely that of consumer protection, is applied in all those jurisdictions and that more attention should be paid for the protection of competitors and competition as a whole. Secondly, “dominance” test, applied in the EU under Regulation 4064/89, is analysed in detail. Moreover, the article discusses the meaning of a “dominant position”. We uphold the clarification of “dominance” provided by the Court of Justice, according to which dominance means the ability “to act to a considerable extent independently of their competitors, their customers and, ultimately, of consumers”. It is argued that “dominance” test is not sufficient for contemporary economics. The main disadvantage of this rule is that it is inapplicable for concentrations that do not create or strengthen dominant position. Furthermore, the new European Union rule of “significant impediment of competition” can be named as a smart European decision that tackled several problems: the practice of the Court of Justice remained applicable for future cases, because no serious changes to the wording of the rule were made. The detection of “dominant position” became only an alternative means to impede competition. In addition to this, the USA, the UK rule of “substantial lessening of competition” is compared to the two rules referred above. The concept of “monopoly” used in the wording of the rule, as well as the practice of the USA courts concerning the evaluation of market concentrations is analysed. We conclude that literally the phrases “significant impediment of competition” and “substantial lessening of competition” are different, but the content of these rules is the same. Different decisions taken in the same or similar cases on both sides of the Atlantic depend not on a certain rule but on the means of its application and some other circumstances (social, political factors, etc.). Finally, it is argued that practice of the evaluation of concentrations in the Republic of Lithuania is extremely poor. According to the present findings of the Competition Council of the Republic of Lithuania, it is hard to say the kind of approach the Council follows or, in other words, what kind of a rule the Council applies. Despite the fact that competition law in Lithuania was updated in conformity with the changes made in the EU competition law, we state that the test of “dominance” is further applied in certain concentration cases. (shrink)

The article presents a geographic position of the Arctic. Legal regimes of the Arctic and the Antarctic are compared. In a geographical terms, the Arctic is part of the ocean that is covered by ice, and Antarctic is a continent covered by ice which is surrounded by an ocean. It follows that Arctic should be considered a part of the world’s ocean, which is governed by 1982 UN Convention on the Law of the Sea. Currently, a sectoral regime is established (...) in the Arctic. The article analyzes the views of international law scholars on the issue and shares an opinion of those who criticize sectoral regime of the Arctic as incompatible with international law. Yet, what principles should underpin legal regime of the Arctic? Recent scholarly writings have considered a concept of common heritage of mankind. The article discusses the concept of common heritage of mankind. In the view of the author, this concept can be applied only to specific maritime areas but not to Arctic in its entirety. The article further thoroughly discusses Russia’s practice as regards its claims regarding the continental shelf of the Arctic. Furthermore, it evaluates the grounds of Russia’s policy in the Arctic until 2020 and also examines Russia’s application for extension of continental shelf in the Arctic and the Pacific Oceans. The article ends with conclusions. (shrink)

The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. While describing (...) the problem, the nature of the European Union and international law, as well as the distinguishing features of these systems of law, is analysed. The paper also provides a discussion about the decisions of the Strasbourg court and the Court of Justice of the European Union, which provide the basis of solving the problem of the relationship of these systems of law. In the second part of this paper, the main theories are analysed: the monistic, dualistic and coordination theories, which can be used to answer the issue of interaction of the two systems of law – international law and European Union law. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in the United States (...) and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

The United Nations has shown recurrent inability to respond to international threats caused by severe human rights violations and thus failed to perform one of its main function—preservation of international peace and security in the world. This evidenced gaps in the United Nations, caused mainly by the veto right in the voting system within the Security Council and limited powers of the General Assembly. The international community gave a twofold answer to this problem: radical humanitarian intervention and the recent concept (...) of the responsibility to protect. The main problem with regard to humanitarian intervention is its legality—its compliance with the prohibition of the use of force. The responsibility to protect does not clash with the prohibition of the use of force, but its legal implications are rather vague—being intensively discussed in the international forum, the responsibility to protect has not yet appeared in any legally binding international document. This article discusses the legal significance of humanitarian intervention and the responsibility to protect, and aims to determine how they affect, if at all, the regulation of the use of force in the international relations, as well as how they respond to the issue of large scale atrocities in the world. (shrink)

The study analyses the issues of protection of national minorities from the perspective of international law. The study consists of three parts. In the first part, the author reveals the understanding of a national minority on the basis of objective and subjective features. This part focuses on such problematic issues as national minorities and citizenship, non-dominant position of a national minority. The second part of the study concentrates on international minorities as subjects of international law. The author analyses international legal (...) subjectivity of national minorities. A question is raised whether the rights of national minorities are individual or collective rights. The third part of the study focuses on the analysis of normative basis for the protection of national minorities. The author notes that the monist system exists in the Republic of Lithuania regarding the relation of international and national law. Under this system, the international treaties ratified by the Lithuanian Parliament (Seimas) are seen as an indivisible part of the legal system of the Republic of Lithuania. Therefore, the Convention for the Protection of National Minorities is an international treaty that is directly applicable in the legal system of the Republic of Lithuania. The fourth part of the study focuses on the question whether Lithuania should become a party to the European Charter for Regional or Minority Languages. Although this issue is complex and includes the problems of political, economic, legal and other nature, the author focuses on the legal analysis of the problems related to the participation in the Charter. It is emphasised that the Charter is not the only document that ensures the linguistic rights of national minorities. Under the Law on International Treaties of the Republic of Lithuania, while considering participation in the Charter, the right of treaty initiative should be implemented, and the question of efficiency of the treaty must also be solved. (shrink)

This article presents the review of the cases decided by the European Court of Human Rights against Lithuania during 2010. Authors provide the summary of relevant cases so that the potential reader is updated with the latest developments of human rights protection concerning Lithuania. Among other cases, this article reviews the case Cudak v. Lithuania decided by the Grand Chamber, which clarified the issues of restrictive principle of State immunity in employment disputes.

The Phenomenology of Pain is the first book-length investigation of its topic to appear in English. Groundbreaking, systematic, and illuminating, it opens a dialogue between phenomenology and such disciplines as cognitive science and cultural anthropology to argue that science alone cannot clarify the nature of pain experience without incorporating a phenomenological approach. Building on this premise, Saulius Geniusas develops a novel conception of pain grounded in phenomenological principles: pain is an aversive bodily feeling with a distinct experiential quality, which (...) can only be given in original first-hand experience, either as a feeling-sensation or as an emotion. Geniusas crystallizes the fundamental methodological principles that underlie phenomenological research. On the basis of those principles, he offers a phenomenological clarification of the fundamental structures of pain experience and contests the common conflation of phenomenology with introspectionism. Geniusas analyzes numerous pain dissociation syndromes, brings into focus the de-personalizing and re-personalizing nature of chronic pain experience, and demonstrates what role somatization and psychologization play in pain experience. In the process, he advances Husserlian phenomenology in a direction that is not explicitly worked out in Husserl's own writings. (shrink)

Este artículo explora la noción del dolor en relación con su experiencia temporal. Se desafía la presunción de que el dolor es algo experimentado exclusivamente de forma consciente en el presente. Para llevar a cabo esta empresa, se parte de la noción de la sedimentación husserliana con el fin de dar cuenta de la relación entre la estructura temporal de la conciencia y el dolor. La exploración de las experiencias sedimentadas e implícitas se analiza primero fenomenológicamente, principalmente a partir de (...) los Manuscritos C. Esto es enseguida aplicado a diferentes casos médicos, lo que pone de relieve la paradójica fuerza del pasado en la experiencia del dolor. En otras palabras, se argumenta que la anticipación del futuro también puede ser una experiencia dolorosa. La apreciación de estas situaciones aporéticas en la experiencia del dolor, analizadas a la par con dos tipos de conciencia, la explícita y la implícita, plantean la cuestión de si se puede vivir un “dolor inadvertido”, puramente implícito, en el presente. El fenómeno se explica con base en la distinción entre sedimentaciones primarias y secundarias que hace Merleau-Ponty: las primeras, aparentemente contradictorias, pueden no obstante interpretarse como conciencia en su modalidad de inatención. Al igual que las experiencias temáticas o co-atendidas, estas también pertenecen al arco de la intencionalidad. La idea de un dolor no-advertido hace aún más compleja la afirmación de que el dolor sea algo vivido exclusivamente de forma consciente en el presente. (shrink)

Cet essai a pour but de montrer comment la notion de plasticité articule la façon dont Husserl engage la problématique de la donation. Pour ce faire, il interprète le passage de la phénoménologie statique à la phénoménologie génétique comme le chemin qui mène de l’analyse du cogito éveillé à celle de son éveil ; il montre par la suite comment cette réorientation méthodologique lie la question de la donation à celle des origines du cogito. Ce texte se compose ainsi de (...) quatre parties, qui traitent respectivement (1) du problème de la donation chez Husserl et Marion ; (2) de la relation entre l’apparaître et l’émergence de la conscience chez Husserl ; (3) du cogito éveillé comme expression d’une méthode statique ; (4) de l’éveil du cogito comme complétant l’explication statique avec les dimensions latérale et verticale de la donation. (shrink)

Although Husserl’s analyses of the unconscious are scattered throughout various writings, many of which have been published in Hua III/2, Hua VI, Hua X, Hua XI, Hua XV, Hua XVII, Hua XXXIX and _Experience and Judgment_, nowhere else has he addressed the unconscious in such fascinating detail as in the manuscripts collected in Hua XLII. The publication of this volume has made it patently clear that the unconscious has many meanings in Husserl. A clarification of the different ways in which (...) Husserl has spoken of the unconscious is still missing in the literature and it is much needed. With the aim of developing a taxonomy of the unconscious in Husserl, here I trace the different meanings Husserl has given to this concept and I argue that in his phenomenology, the unconscious can be understood at least in seven ways: as the horizonal unconscious, the time-constituting unconscious, the sedimented unconscious, the repressed unconscious, the absorbed unconscious, the dormant unconscious, and the instinctual unconscious. Besides articulating the essential features of each determination, I also clarify what they all share. With the aim of showing what is distinctive of Husserl’s approach to the unconscious, I offer some reflections on what differentiates Husserl’s phenomenology of the unconscious vis-à-vis Freud’s psychoanalysis. In general, I maintain that while it is a limit problem in phenomenology, the unconscious should also be considered a central phenomenological theme, for as Husserl’s reflections show, without offering a phenomenology of the unconscious, phenomenology can only operate with a preliminary and insufficient conception of consciousness. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...) reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...) interpretations of political liberalism and Kant and Hegel‘s philosophies. This paper aims to prove that the positive liberty is the assumption of the negative liberty. The paper based on Hegel‘s philosophy shows that freedom is the characteristic of human nature to seek identity. It is also argued that human identity can take many forms and, therefore, a person has a number of inherent rights and liberties. It is human psycho-physical identity that provides the right to life and health care; human creative identity, providing the right to privacy and freedom of occupation; human moral identity, which provides the right of dignity, and the moral autonomy of person’s social and political identity, providing the political and social rights and freedoms. This article concludes that while a person uses the given rights with integrity and the state is limiting people’s arbitrariness, there is no conflict between the freedom and state violation. (shrink)

This volume is the first book-length analysis of the problematic concept of the ‘horizon’ in Edmund Husserl’s phenomenology, as well as in phenomenology generally. A recent arrival on the conceptual scene, the horizon still eludes robust definition. The author shows in this authoritative exploration of the topic that Husserl, the originator of phenomenology, placed the notion of the horizon at the centre of philosophical enquiry. He also demonstrates the rightful centrality of the concept of the horizon, all too often viewed (...) as an imprecise metaphor of tangential significance. His systematic analysis deploys both early and late work by Husserl, as well as hitherto unpublished manuscripts. Opening out the question to include that of the origins of the horizon, the book explores the horizon as philosophical theme or notion, as a figure of intentionality, and as a signification of one’s consciousness of the world—our ‘world-horizon’. It argues that the central philosophical significance of the problematic of the horizon makes itself apparent in realizing how this problematic enriches our philosophical understanding of subjectivity. Systematic, thorough, and revealing, this study of the significance of a core concept in phenomenology will be relevant not only to the phenomenological community, but also to anyone interested in the intersections of phenomenology and other philosophical traditions, such as hermeneutics and pragmatism.​. (shrink)

Husserl is the philosopher who transformed the geological metaphor of sedimentation into a philosophical concept. While tracing the development of Husserl's reflections on sedimentation, I argue that the distinctive feature of Husserl's approach lies in his preoccupation with the question concerning the origins of sedimentations. The paper demonstrates that in different frameworks of analysis, Husserl understood these origins in significantly different ways. In the works concerned with the phenomenology of time consciousness, Husserl searched for the origins of sedimentation in the (...) field of subjective experience, and more precisely, in impressional consciousness. By contrast, in the later works concerned with history, he maintained that the origins of sedimentations lie in the field of historical past that stretches beyond the reach of individual experience. Building on the basis of these resources, I argue that the Husserlian concept of sedimentation has three distinct components of senses: static, genetic, and generative. In the static sense, sedimentations are modifications of retentions and necessary conditions of recollection. In the genetic sense, sedimentations are necessary for the formation of types, habits and moods, and as such, they shape present experiences. In the generative sense, sedimentations refer to what consciousness inherits from the historical tradition. (shrink)

The paper explores the meaning of the phenomenological concept of sedimentation in the framework of Merleau-Ponty’s phenomenology. The analysis I offer suggests that Merleau-Ponty initiates a transition from the constitutional problematic of sedimentations that we come across in Husserl’s phenomenology to the analysis of existential sedimentations. Merleau-Ponty accomplishes this transformation by binding the Husserlian conception of sedimentations with the Heideggerian conception of facticity. The distinction Merleau-Ponty draws between originary sedimentations and secondary sedimentations is especially important, for it allows one to (...) claim that Merleau-Ponty recognizes all experiences as sedimented. Against the background of this realization, I offer a reevaluation of Merleau-Ponty’s cryptic remarks in the Phenomenology of Perception regarding the “original past,” also described as “a past that has never been a present.” I argue that these are metaphors for originary sedimentations. In place of a conclusion, I suggest that especially when the concept of sedimentation is universalized, we come to recognize its inherently paradoxical nature. In the final analysis, besides being a genetic concept, sedimentation is also a limit problem and a limit phenomenon. (shrink)

This collection of chapters, written by prominent scholars in their respective fields, re-examines the nature of self-awareness in both Western and Eastern philosophy, inquires into its diverse and variable modes, and significantly broadens the framework of its analysis. The chapters collected focus on reflective and pre-reflective forms of self-awareness, as well as the relation between self-awareness and the awareness of things and the world. Included are examinations of the affective and embodied dimensions of self-awareness, the distinct forms of self-awareness in (...) memory, phantasy, and dreams, as well as the temporal and spatial nature of self-awareness. This edited volume appeals to students and researchers working in phenomenology and on the philosophy of self-awareness. (shrink)

As a phenomenological concept, absorption refers to the ego's capacity to experience the world from a displaced standpoint. The paper traces the emergence and development of this concept in Husserl...