Results for 'tarptautinė apsauga'

38 found
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  1.  16
    Asylum Legal Framework and Policy of the Slovak Republic.Lucia Hurná - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1383-1405.
    After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. The (...)
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  2.  13
    Is There a Need for Extension of Subsidiary Protection in the European Union Qualification Directive?Lyra Jakulevičienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):215-232.
    The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...)
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  3.  30
    Influence of the European Union Directive 2004/83/EC on the Interpretation of Definition of Refugee.Laurynas Biekša - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):251-261.
    The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two world wars and the (...)
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  4.  16
    The Impact of General Human Rights on the Protection of Persons Belonging to National Minorities.Aistė Račkauskaitė-Burneikienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):923-950.
    The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned treaties are not specifically devoted for the protection of national (...)
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  5.  8
    Preservation of Environment in Times of Non-International Armed Conflict. Legal Framework, Its Sufficiency and Suggestions.Indrė Lechtimiakytė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):569-590.
    Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid down in (...)
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  6.  7
    Pagrindinių teisių apsauga pagal Europos žmogaus teisių konvenciją ir Europos Sąjungos teisę.Danutė Jočienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):97-113.
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  7.  43
    Concept of the Right to Health Care.Paulius Čelkis & Eglė Venckienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):269-286.
    On the grounds of the fundamental value of the human rights, which is the human dignity, this article describes a basis of the right to health care in terms of quality, discloses its concept, reviews the spheres of health system in which this right is exercised: health care and public health. The right to health care is stressed as one of the fundamental rights, without which the person will not able to enjoy other rights: economic, political and social rights. It (...)
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  8.  20
    The Refugee Qualification Problems in LGBT Asylum Cases.Laurynas Biekša - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1555-1565.
    In 2011 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i.e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia, Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification problems in LGBT cases. Therefore, in this article the (...)
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  9.  34
    Mens Rea Element in Superior Responsibility Under Customary International Law and the Rome Statute.Justinas Žilinskas & Tomas Marozas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1519-1541.
    Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be defined (...)
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  10.  36
    Goals of Concentration Control and the Main Legal Tests for the Evaluation of Concentrations.Saulius Katuoka & Eglė Leonavičiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):605-624.
    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: (...)
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  11.  31
    The Influence of Using Cyber Technologies in Armed Conflicts on International Humanitarian Law.Justinas Žilinskas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1195-1212.
    Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that the (...)
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  12.  29
    Human Life as Legal Value and its Protection in the Roman Law (article in Lithuanian).Marius Jonaitis & Albertas Milinis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):821-840.
    Right to life is an essential natural right protected and defended by law. The aim of this publication is to discuss the main issues regarding human right to life and its protection in the Roman law. Article deals with the problems of beginning and end of the human life and legal capacity in Rome, elements of legal protection of slaves and family members subject to pater familias life as well as the principle crimes attempting to human life. First of all, (...)
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  13.  26
    Lessons of the First EU Court of Justice Judgments in Asylum Cases.Lyra Jakulevičienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):477-505.
    Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...)
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  14.  27
    Private Military and Security Companies and the Problems of their Regulation under International Humanitarian Law.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):163-177.
    The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...)
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  15.  22
    The Nature of Investigation Proceedings of Legal Entity Under the Civil Code of Lithuania.Agnė Tikniūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):525-541.
    With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the Investigation (...)
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  16.  22
    Particularities of Legal Regulation of the International Operations.Dalia Vitkauskaitė-Meurice & Martynas Bandza - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1131-1151.
    Pasibaigus Šaltajam karui smarkiai išaugęs tarptautinių konfliktų skaičius bei identifikuotos naujos grėsmės paskatino tarptautines organizacijas, tokias kaip Jungtinių Tautų organizacija (toliau – JTO) ir Šiaurės Atlanto sutarties organizacija (toliau – NATO) peržiūrėti Šaltojo karo metu taikytą jėgos panaudojimo praktiką, poreikį ir priemones reaguoti į konfliktus. Tokiomis priemonėmis kaip tik ir tapo vadinamieji „mėlynieji šalmai“, kurie Jungtinių Tautų valstybių narių yra priskiriami Jungtinių Tautų Saugumo Tarybos sankcionuotoms operacijoms vykdyti. Nors priskirtos pajėgos vykdydamos tarptautines operacijas dėvi Jungtinių Tautų simboliką, tačiau jų pavaldumas (...)
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  17.  22
    On the Issue of Relationship of the European Union and International Law.Saulius Katuoka - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):841-854.
    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 (...)
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  18.  21
    Some Thoughts Concerning the Main Goals of Competition Law.Raimundas Moisejevas & Ana Novosad - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):627-642.
    The aim of this article is to analyse different goals of the competition law, which are established in European Union and Lithuania. EU Commission and the Court of Justice distinguish a number of goals of the competition law. Most commonly, mentioned goals of competition law are the following: the integration of the Internal Market, the protection of consumers, protection of the competitors, freedom of competition and economic efficiency. Different goals of competition law are analysed in this paper and relationship between (...)
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  19.  20
    New EU Standards of Consumer Protection? New Directive on Consumer Rights 2011/83/EU.Arndt Künnecke - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):951-970.
    In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards (...)
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  20.  18
    Practice of China's Encouragement on Capital Export and It's Protection Under International Investment Law: Lithuanian Case.Andrius Bambalas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):749-774.
    There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign investment (...)
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  21.  18
    Workplace Privacy: Different Views and Arising Issues.Tomas Bagdanskis & Paulius Sartatavičius - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):697-713.
    This article discusses the problematic aspects relating to the employee privacy in his workplace and its limits reacting to employer‘s interests. It contains analysis of National, European and transatlantic legislation of privacy in the workplace and concentrates on the electronic privacy (e-mails, communications, etc.). The article is based on legal acts and judgements of the Supreme court of Lithuania, European Court of Human Rights and other countries courts judgements in order to provide the legislative execution practice as well as reveal (...)
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  22.  12
    Kononov Case and the Baltic States.Justinas Žilinskas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):859-870.
    The present article is a subjective commentary on the case Kononov v. Latvia dealt by the European Court of Human Rights, in particular drawing attention to the Courts intention not to regard context of the case as important for the substantial issues. Author considers this approach in a bigger picture of clash of historical and legal paradigms of the heritage of the Second World War in different countries (namely, Western Europe, Russia, the Baltic States). Author also discusses what impact Kononov (...)
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  23.  15
    Natural Law as Biolaw.Stefan Kirchner - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):23-39.
    This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...)
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  24.  15
    Introduction of 'Crime of Denial'in the Lithuanian Criminal Law and First Instances of its Application.Justinas Žilinskas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):315-329.
    The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...)
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  25.  14
    Broadening the Concept of Genocide in Lithuania's Criminal Law and the Principle Nullum Crimen Sine Lege.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 118 (4):333-348.
    The present article discusses the broadening of the concept of genocide in Lithuanian national criminal law with regard to the principle of nullum crimen sine lege. The broadened definition, which includes two groups, social and political raises serious problems when the national provisions on genocide are applied retroactively. However, in the case of Lithuania, such a broadening of the definition may be interpreted not as an introduction of distinct independent groups, but of groups that closely overlap with the groups defined (...)
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  26.  14
    Social Purpose of Private Property.Solveiga Cirtautienė & Dalia Vasarienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 118 (4):105-122.
    Lithuania had a different experience in legal regulation of private property. There were periods when right to private ownership was denied and on the other hand – the periods when right to private ownership was respected and protected. Authors wanted to review today’s status of rights to private property in retrospective. The main purpose of the article is to reveal functions of private property in Lithuania. The article analyzes peculiarities of legal regulation of private property in Lithuania during different stages (...)
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  27.  12
    Interim Measures in Administrative Proceedings: Specifics of Environmental Cases.Werner Heermann, Rasa Ragulskytė-Markovienė & Indrė Žvaigždinienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):207-233.
    Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of interim measures provided by (...)
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  28.  13
    The Iranian Threat to Close the Strait of Hormuz: A Violation of International Law?Stefan Kirchner & Birutė M. Salinaitė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):549-567.
    Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important oil imports. (...)
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  29.  13
    Issues of Intellectual Property Law in the Jurisprudence of the Constitutional Court of the Republic of Lithuania.Vytautas Mizaras - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1111-1130.
    This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and the (...)
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  30.  12
    Legislative and Ethical Peculiarities of Human Genetic Data Protection.Danielius Serapinas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):165-179.
    Genetics is a biomedical science that investigates heredity, variability, occurrence of genetic diseases and their prevention. Genetic science has many fields of science, which deal with different genetic processes, methods, aspects and fields of application. The genetic research in Europe related to the individual as the main subject of the research is exposed to a wide range of ethical and legal issues. From the developments in genetic science other sciences have evolved, thanks to which the modern world is able to (...)
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  31.  13
    Theoretical and Practical Issues of Consumer's Conception.Lina Novikovienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 122 (4):279-293.
    Protecting consumers' rights set higher standards on the rights of security compared with other participants of civil turnover, so the concept of consumer acquires not only theoretical but also practical significance. Definition of consumer must be sufficiently clear and precise as the proper subject of classification depends on what rules will apply to legal relationships arising. To this purpose, the concept of consumer is formulated as the concept of both the European Union and national legislation. Both presented the concept of (...)
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  32.  11
    Cudak V. Lithuania and the European Court of Human Rights Approach to the State Immunity Doctrine.Lijana Štarienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):159-175.
    The application of the state immunity doctrine with regard to the guarantee of access to court in the case-law of the European Court of Human Rights has been proved to be a complicated issue. In the ECHR’s case-law before the case Cudak v. Lithuania, the application of the state immunity doctrine had been considered as a proportionate restriction of the right of access to court even in cases of the realization of the protection of the jus cogens norm which was (...)
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  33.  11
    Jurisdiction of the European Court of Justice Over Issues Relating to the Common Foreign and Security Policy Under the Lisbon Treaty.Loreta Saltinyte - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):261-279.
    Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this purpose (...)
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  34.  9
    Legal Regulation of Electronic Marketing.Mindaugas Kiškis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):349-370.
    The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes (...)
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  35.  10
    Safeguarding of Credit and Bankruptcy: History and Regulating Tendencies. The Italian Experience.Barbara Biscotti - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):325-340.
    The safeguarding of credit represents one of the most important economic and juridical challenges for every complex society. Just by reading the news we can realize how current this topic is for us. By thinking back over the history of ideas and the social, economic, and political reasons that got Law makers to legislate on this subject, we can better understand what’s happening today and in which direction our societies are going. An analysis of the Italian juridical system’s development on (...)
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  36.  8
    The Issues of the Legal Definition of the Eropean Union.Egidijus Jarašiūnas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1323-1347.
    The present article analyses the issues of the legal definition of the European Union. It has been noticed a while ago that the EU has outgrown the “gown” of a typical international organisation and that it has acquired some features specific to a State-like entity. It is no coincidence that some authors accentuate that the EU is a specific, unconventional international organisation, some – that it is an entity, very similar to a State (an incomplete federation, a post-modern State), others, (...)
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  37.  7
    Immunities of the Witness and Witnessing in the Criminal Procedure: The Problem of Identity and Relation.Raimundas Jurka - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):269-282.
    The article deals with the discussion of the concept and implementation of immunities of the witness in the criminal proceedings in abstracto. The problem is whether the additional guarantee of protection of the witness’ procedural interests, which is fixed in the Law of the Criminal Procedure, is appropriately methodologically regulated, or whether certain immunities of the witness are appropriately perceived and applied in practice, is raised in the present article. Through this reason, the author, searching for the answers to these (...)
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  38.  5
    Protection of Creditors' Rights in Asset Deal.Asta Jakutytė-Sungailienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):199-212.
    The Civil Code of Lithuania re-established enterprise (business) as a self-sufficient object of civil rights and introduced several legal transanctions with it, the so- called asset deals (sale-purchase of enterprise and lease of enterprise). Since every transfer of enterprise comprises the transfer (delegation) of debts to the new owner, the legal regulation on asset deals must be orientated to the protection of creditors’ rights. However, the legal practice showed that the existing legal regulation regarding asset deals, in particular the mechanism (...)
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