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The effect of international custom on human righs protection in European Union
No full textAfter the Lisbon treaty came into force a great need to analyse European Union‘s accession to European Convention on Human Rights (hereinafert - ECHR) emerged. The article takes a look to this accession in a wider perspective seeing rights and freedoms of ECHR as an international custom binding all States universally. Therfore, the first part of the article analyses international custom, specifically, two constituent elements of international custom: state practice and opinio juris. The second part of the text deals with demonstrating that the rights and freedoms of the ECHR conform the elements of international custom. Thus a conclusion is reached that rights and freedoms of ECHR is an international custom indeed. Having reached this conclusion a several really important observations can be made. Firstly, rights and freedoms of ECHR are binding all states of the world regardless whether the states accede to the Treaty, or whether not. Initially, the binding character of the rules of the ECHR comes not from the treaty itself, but from its‘ customary nature. Secondly, the international custom embed the core values and therefore are primary rules. But international custom can only be truly effective and efficient when implemented by national law. The author suggests that the rights and freedoms of the ECHR can only be efficiently protected if those rules are adopted into constitutional bill, which would be higher hierarchically than ordinary bills. The whole nature of international custom suggest that it is higher than any national laws, but the effectiveness of customary rules can be achieved only through the measures of national law. Adoption of the customary rules into national law and placing it in a constitutional bill would create primacy of the rights and freedoms of ECHR over ordinary laws of the State and, therefore, would be defended by the State and the courts of the State. It can be concluded that European Union‘s accession to the ECHR is not the best way to ensure the protection of human rights in European Union. It is much more efficient to protect human rights at a national level and increase the capacity of the European Court of Human Rights
ESTT ir tarptautinių ginčų sprendimo institucijų jurisdikcijų sąveika: ES teisės perspektyva
No full textDissertation “Jurisdictional interaction between the CJEU and international dispute settlement bodies: EU law perspective” aims to systematically analyse the extent of the normative influence of the principle of autonomy of the EU legal order on delimitation of the CJEU’s jurisdiction from jurisdictions of selected international dispute settlement bodies, which fall outside the scope of dispute settlement mechanisms provided under the EU Treaties. Seeking this purpose the content of the principle of autonomy of the EU legal order established in the CJEU’s cases related to jurisdictional delimitation is revealed as well as the principle’s influence on European integration. Within the context of the application of the principle of autonomy, two recent controversial decisions of the CJEU in Achmea and Opinion 1/17 are analysed. First, it is scrutinised how the principle of autonomy is applied in respect of investment arbitral tribunals established under intra-EU BITs and whether responses of these tribunals to the CJEU’s case law reflect any risks for the autonomy of EU law. Secondly, it is assessed if the Investment Court System mechanism, established in the EU’s treaty with Canada, could have adverse effects on the autonomy of the EU legal order.Disertacija „ESTT ir tarptautinių ginčų sprendimo institucijų jurisdikcijų sąveika: ES teisės perspektyva“ siekiama sistemiškai išanalizuoti ES teisinės sistemos autonomijos principo norminės įtakos mastą, atribojant ESTT jurisdikciją nuo pasirinktų tarptautinių ginčų sprendimo institucijų, nenumatytų ES Sutartyse, jurisdikcijų. Siekiant šio užsibrėžto tikslo disertacijoje atskleidžiamas ES teisinės sistemos autonomijos principo, ESTT suformuluoto būtent bylose susijusiose su jurisdikcijų atribojimu, turinys bei reikšmė Europos integracijai. Autonomijos principo taikymo kontekste disertacijoje analizuojami du pastaraisiais metais itin garsiai nuskambėję ESTT sprendimai Nuomonėje 1/17 ir Achmea byloje. Pirma, analizuojama, kaip autonomijos principas taikomas investicinių ginčų sprendimo institucijoms – investiciniams arbitražams, įsteigtiems pagal ES valstybių narių tarpusavio investicijų apsaugos sutartis bei siekiama atsakyti, ar šių arbitražų reakcijos į ESTT praktiką kelia pavojų ES teisės autonomijai. Antra, siekiama įvertinti, ar naujasis Investicinių teismų sistemos mechanizmas, įsteigtas ES prekybos sutartimi su Kanada, gali turėti neigiamos įtakos ES teisinės sistemos autonomijai
EU in the face of migrant crisis: reasons for ineffective human rights protection
Get PDFDespite the fact that EU was acknowledged to ensure human rights protection level equivalent to the one ensured under European Convention on Human Rights (ECHR), it is doubtful if the EU was able to ensure human rights in time of recent migrant crisis. It is argued in the Article that, absence of comprehensive EU-level migrant policy restricted EU's ability to prevent the crisis and to mitigate its consequences as well as human rights violations. In addition, being oriented to ex post rights defense, EU's system was also practically unsuitable to defend the rights of the asylum seekers after the violations actually occurred. It is proposed that EU should address migration issues immediately by introducing major migration policy reform
Investment Court System of CETA: Adverse Effects on the Autonomy of EU Law and Possible Solutions
Get PDFThe Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a comprehensive critical assessment of the ICS mechanism and its potential adverse effects on uniform interpretation of EU law. It is proposed that, despite the favourable assessment of the CJEU, the ICS mechanism could result in indirect negative effects on the uniform interpretation of EU law and the autonomy of EU legal order. Involvement of the CJEU in the proceedings of the ICS mechanism is suggested as a possible option to resolve all the incompatibilities of the ICS with the autonomy of the EU legal order, and to ensure the CJEU’s exclusive right to interpret EU law
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Accession of the EU to the ECHR: Issues of the co-respondent mechanism
Get PDFAbstractOn December 2014, the Court of Justice of the European Union adopted one of the most controversial decisions in recent decades—the famous Opinion 2/13 that precluded the European Union from acceding to the European Convention on Human Rights. This article engages in the analysis of the co-respondent mechanism—one of the most significant features of the Draft Agreement for the accession of the European Union to the Convention. The co-respondent mechanism was intentionally designed to preserve the specific characteristics of the European Union law by precluding the European Court of Human Rights from solving the complex questions of the internal competence division of the European Union. However, notwithstanding that the European Commission and most of the Member States had not seen any significant threats caused by the mechanism, the Luxembourg court rejected the mechanism due to the European Union’s motives for the protection of autonomy. This article analyzes and assesses the objections presented by the Court
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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