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Paradox of voting: peril of the vetoing to the perpetual peace
Get PDFThe permanent members of the Security Council of the United Nations possess veto power which was vested to them by the Charter of the United Nations to maintain global peace and security. As many, as well as recent events (Russia’s illegal aggression towards Ukraine in 2022) exhibit, in certain circumstances casting veto power, poses some perils to the global peace, per se, and they are twofold. First, all permanent members can exercise this power, according to their will, to block any resolution of the Security Council, including those that deplore their own illegal and illegit actions. The second challenge is the amendment of the UN Charter. The present wording of the UN Charter makes amending the Charter paradoxically onerous, if not impossible (by giving huge power to the permanent members again). Consequently, this situation has long triggered and urged politicians and legal scholars to explore possible solutions. This article will humbly contemplate the issue and explore the suggestions for the reinvigoration of the existing instruments to resolve the current legal and political quagmire
The intertemporal guarantee of freedom – a concept for international human rights to address states’ failure to combat climate change and its threats?
Get PDFThis paper analyses, if the Intertemporal Guarantee of Freedom, that was developed by the German Federal Constitutional Court (GFCC), can be used to expand the protection of human rights against the harms of climate change. The case of the Swiss Senior Women shows that there are jurisdictions, where the Intertemporal Guarantee of Freedom could be applied to improve standing and the control standard of states’ climate change action. Within international law bodies with jurisdiction over human rights treaties there are distinctive standards of protection against the harms of climate change. A major deficit within the international human rights protection against climate change lies within the focus on the positive obligations and the corresponding wide margin of appreciation granted to the states. The Intertemporal Guarantee of Freedom could provide a protection expansion in this regard, especially in the case of the European Court of Human Rights. It could also enable and legitimise present human rights concerns focused on the future actions of states following their past inaction. One considerable hurdle that is not addressed by it are procedural hurdles like the Plaumann formula applied by the European Court of Justice. The Intertemporal Guarantee of Freedom cannot solve major problems for climate change litigation like procedural hurdles. Yet, it can provide a new approach for complaints to address unambitious mitigation legislation which will lead to future human rights infringements
Lietuvoje gyvenančių užsieniečių kalbinės nuostatos lietuvių kalbos atžvilgiu: įžvalgos iš kokybinio tyrimo
Get PDFThis paper presents a qualitative study investigating the language attitudes of foreign residents living in Lithuania. Through in-depth interviews with individuals of diverse backgrounds who have migrated to Lithuania at different times, the article explores their language-related experiences in the country and their perspectives on the Lithuanian language. The study analyzes these attitudes from a triadic model perspective, encompassing cognitive, affective, and behavioral dimensions. The participants vary in their level of proficiency in Lithuanian and thus their reflections help to reveal the connection between behavioral efforts to learn and use the language and the other dimensions. The study presented elaborates on the comprehended necessity (or lack thereof) to know Lithuanian when living in Lithuania, the emotional comfortability when knowing the language, the effect of the perceived attitudes of Lithuanians towards foreigners who do and who do not know the language, the character of the Lithuanian people reflected in the language, and putting effort to learn the language as a sign of respect towards the host country. While the cognitive dimension is more readily articulated, it alone is insufficient, and a more significant shift is possible when there is a breakthrough in the affective dimension. Even though the data for this study was collected before Lithuania became more economically attractive to foreign immigrants, the results are especially pertinent in the current situation with more economic migrants and war refugees coming to live in the country. Although it is possible to live in Lithuania without knowing the language, if it is not required for one’s job, in order to be an integrative part of the society the foreigner starts to feel not only the necessity but also a desire to know the language.Straipsnyje nagrinėjamos užsieniečių, gyvenančių Lietuvoje, kalbinės nuostatos. Straipsnio medžiaga – giluminiai interviu su keliolika skirtingu metu į Lietuvą atvykusių gyventi skirtingos kilmės asmenų. Straipsnyje aprašomos užsieniečių su kalba susijusios patirtys šalyje, nusiteikimas lietuvių kalbos atžvilgiu ir į tai bandoma žvelgti iš trinarės kalbinių nuostatų perspektyvos analizuojant kognityvinį, jausminį ir elgesio dėmenis. Beveik visi tyrimo informantai jau gebėjo komunikuoti lietuviškai, nors ir skirtingu lygiu, tad jų refleksijose galima įžvelgti pirmųjų dėmenų ryšį su elgesio – pastangų dėjimo išmokti lietuviškai ir šią kalbą vartoti – dėmeniu. Pastebima, kad kognityvinis dėmuo greičiau ir aiškiau suformuluojamas, tačiau vien jo nepakanka, o didesnis pokytis galimas įvykus „lūžiui“ jausminiame dėmenyje
Partnership of Court and Political Power, Aspects of the Application of EU Law
Get PDFThe article deals with the constitutional foundations of the cooperation between political power and court, the practical expression of the crossfunctional partnership from a legislative point of view. Rulings of the SACL, where the Constitution, the constitutional principles were directly applied and which were significant from a legislative point of view, are analysed, practical examples of problems in rulings of the Supreme Administrative Court of Lithuania, where it was bound by unclear provisions of rulings of the Constitutional Court, are revealed. The constitutional identity, the relationship of the European Union (hereinafter also referred to as the EU) and the Constitution of the Republic of Lithuania are analysed separately. The importance of cooperation between EU law and national legal systems is discussed
The Problem of Regulating Legal Residence Requirements Governing Long-Term Resident Status in National Law
Get PDFArticle 4(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents places an obligation on the Member States to grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application. This article analyses the main aspects of this legal provision and related relevant case-law of the Court of Justice of the European Union, and aims to identify the criteria that are important for evaluating national legislation on granting long-term resident status, and, accordingly, to provide an assessment of compliance of national legislation, which has been in force for almost twenty years, with the provisions of the aforementioned directive. The article reviews an initiative of improving national legislation which ensued from an infringement procedure that has been launched against Lithuania due to incorrect transposition of Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents. The article is concluded by highlighting the very important task which, in anticipation of solutions by the legislator, falls upon administrative courts in the context of ensuring effectiveness of the Union law, the conclusions of the article also note the need to develop the case-law, interpreting national legislation in accordance with the provisions of this directive, which has been emerging in the jurisprudence of the Supreme Administrative Court of Lithuania
Digital exhaustion of the right of distribution in the European Union copyright law
Get PDFIn this article, the author presents the conditions for exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the recognition of digital exhaustion of the distribution right - the separation of the right of communication to the public and the right of distribution - arises. In the view of the author, transmission of works or objects of related rights over computer networks for permanent use by its users is not fully attributable to distribution, due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that intervention of the legislator is necessary in order to implement the rule of digital exhaustion and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the “first copy” problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author suggests reviewing legal provisions related to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs
Challenges in combating crimes against humanity
Get PDFOn February 24, 2022 Russian Federation started a full-scale invasion of Ukraine. It was shooting at dwellings, kindergartens, orphanages and ambulances by Russian invaders. As a result, a huge number of Ukrainians have already been killed. Damages have been caused to the Ukrainian economy, property and culture as well.The best way to deal with crimes against humanity and war crimes as well is the integration and unity of the international community in combating these crimes. Information technologies can be used both to commit criminal offenses, including those related to terrorism and war propaganda, and to combat crime. In particular, the relevant instruments to combat crimes were developed by European legislation. Moreover, it is proposed to provide additional guarantees for the implementation of decisions of international institutions against the aggressor state, to improve the mechanism for imposing sanctions on a state that has violated international agreements.Finally the human rights standards should comply with people who have committed and been involved in crimes against humanity. The civilized world should respond and ensure security with civilized methods