Baltic Yearbook of International Law Online最新文献_第2页

Russian Approaches to Regulating Use of Force in Cyberspace 俄罗斯规范网络空间武力使用的方法

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_007

Liina Lumiste

引用次数: 0

Legal and Historical Elements of Latvia’s Restoration of Independence 拉脱维亚恢复独立的法律和历史因素

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_004

J. Lazdiņš, Ainārs Lerhis, Jānis Pleps, Ineta Ziemele

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The Concept of Maritime Terrorism Between Traditionalism and Expansionism: Re-thinking Maritime Terrorism as a Transnational Crime 介于传统主义与扩张主义之间的海上恐怖主义概念：重新思考作为跨国犯罪的海上恐怖主义

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_009

George Chakhvadze, Mafruza Sultana, Jānis Grasis

引用次数: 0

Latvian Tradition in State Responsibility 拉脱维亚的国家责任传统

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_003

Ieva Miļūna

引用次数: 0

Behind the Scenes: EU Accession Challenges 幕后:加入欧盟的挑战

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_006

Edvards Kušners, Esmeralda Balode-Buraka

{"title":"Behind the Scenes: EU Accession Challenges","authors":"Edvards Kušners, Esmeralda Balode-Buraka","doi":"10.1163/22115897_01901_006","DOIUrl":"https://doi.org/10.1163/22115897_01901_006","url":null,"abstract":"The enlargement of the European Union (EU) in 2004, or the “fifth” enlargement, when Latvia also became a member, involved quite possibly the most ambitious transformation of legal thinking, the legal system and public administration throughout the recent history of Europe. The formal framework of the enlargement consisted of relatively standard EU association agreements. However, the internal political and legal processes in the candidate countries, including Latvia, were not considered to be unequivocally stable. Swift and irrevocable progress in implementing EU law was therefore significant. The process was complicated by the fact that the presence and application of international agreements in Latvia was not particularly widespread at the time. The complicated legislative procedures, the small number of professionals permanently involved in this work and politicised debates also significantly slowed the process of law-making, whose aim, in turn, was to form the basis for the stable transformation of the Latvian legal system. This Chapter highlights the most important political and organisational challenges of the EU’s decade of integration (1995–2005) and their solutions, the individual challenges connected to transposition of EU legislation and, most significantly, the impact of integration on the transformation of legal thinking and case law in Latvia.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126993770","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}

引用次数: 0

Shattering the Concept of EU Citizenship? The Potential Impact of Brexit and Potential Secession of Catalonia on EU Citizenship 打破欧盟公民身份的概念?英国脱欧和加泰罗尼亚潜在分离对欧盟公民身份的潜在影响

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_007

Christoph J. Schewe

{"title":"Shattering the Concept of EU Citizenship? The Potential Impact of Brexit and Potential Secession of Catalonia on EU Citizenship","authors":"Christoph J. Schewe","doi":"10.1163/22115897_01901_007","DOIUrl":"https://doi.org/10.1163/22115897_01901_007","url":null,"abstract":"In 2020, Brexit dominated the political agenda of the EU for its considerable consequences. One important aspect, however, has surprisingly been neglected: the question what Brexit means to the concept of EU citizenship.\u0000 Apart from the specific relevance for citizens, the effects of Brexit on rights granted under EU citizenship are of importance for the abstract concept of EU citizenship. Differently from market freedoms – which are intrinsically linked to the market, where workers as economic actors may be constantly affected by the changing economic policies of their national States and of their trade partners – EU citizenship also has a unique political and ideological basis and hence partially follows different aims. Its concept fundamentally differs, as it is intended to establish a bond existing beyond the market and – by attributing to EU citizens a fundamental status – is directly addressed to citizens as citizens, not as economic actors. The perspective of a disorderly Brexit with the consequence of Article 50 (3) teu, that “[…] the Treaties cease to apply […]”, depriving EU/ UK citizens of all corresponding rights against their will, would mean a severe setback to this concept and thus expose it as a hollow ideology. This message, however, would not only concern citizens who lose these rights but would, moreover, affect the entire concept in the EU27.\u0000 While being raised in the context of Brexit, this aspect goes beyond, given that the same question is raised in the context of potential secessions from EU Member States and the fate of their citizens, for instance Catalunya where Catalan citizens might immediately be stripped of EU citizenship whether they would have opted for Catalan independence or not.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117255130","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}

引用次数: 0

Legal and Ethical Issues in Designing Online Courts 网络法院设计中的法律与伦理问题

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_008

Agnese Saukuma

{"title":"Legal and Ethical Issues in Designing Online Courts","authors":"Agnese Saukuma","doi":"10.1163/22115897_01901_008","DOIUrl":"https://doi.org/10.1163/22115897_01901_008","url":null,"abstract":"This research explores and analyses whether online courts perform a judicial function in accordance with the right to a fair trial and the right to fair and secure user’s personal data protection to all groups in society. By adopting a descriptive and critical approach, the author analyses the main operating principles of online courts and legal and ethical issues that may occur in designing and implementing online courts in conjunction with these rights.\u0000 The result of this research shows that online courts provide greater access to justice to society and they would satisfy the needs of modern society with technological knowledge. At the same time they do not provide access to the most vulnerable groups that may not have or have limited internet access, or have not enough technological and legal knowledge, as a result of not ensuring equal access to justice to all groups in society. Taking into account that online courts perform a judicial function in the traditional court sense, they are bound by Article 6 (1) of the European Convention on Human Rights and the principles of personal data of the General Data Protection Regulation, but at present they cannot ensure their observance in relation to an open, transparent and impartial trial, as a result of a partial violation of the rights enshrined in these norms.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121302708","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}

引用次数: 0

Evolution of Procedural Rights and Legal Standing in Environmental Matters in Latvia 拉脱维亚环境事务中程序权利和法律地位的演变

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_005

Žaneta Mikosa

{"title":"Evolution of Procedural Rights and Legal Standing in Environmental Matters in Latvia","authors":"Žaneta Mikosa","doi":"10.1163/22115897_01901_005","DOIUrl":"https://doi.org/10.1163/22115897_01901_005","url":null,"abstract":"In light of recent discussions on the need to broaden eligibility for legal standing in environmental disputes in order to fulfil the requirements of the Aarhus Convention, and thus to facilitate enforcement of environmental law, this Chapter is aimed at discussing the evolution of the most extended approach to legal standing (often referred as actio popularis or open standing) in Latvia since it regained independence.\u0000 The purpose of this Chapter is twofold. Firstly, it aims at contributing to the ongoing discussion on incentives for liberalizing standing to open the doors of national courts in environmental matters triggered by the Aarhus Convention and recent case law of the Court of Justice of the European Union (CJEU) in that respect. Secondly, to contribute to the understanding of ‘the why and the how’ of the most extended rules of legal standing developed in Latvia for environmental disputes and whether they have been applied in practice by administrative courts. Generally, the approach to legal standing signals ‘how much enforcement’ society wants. This Chapter is about the Latvian experience indicating how much enforcement of environmental law society has so far been ready to accept considering its international commitments as well.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132741970","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}

引用次数: 0

Latvian Tradition in International Law 国际法中的拉脱维亚传统

Baltic Yearbook of International Law Online Pub Date : 2021-09-09 DOI: 10.1163/22115897_01901_002

Ineta Ziemele

引用次数: 0

Application of Domestic Criminal Statutes in regard to International Crimes 国内刑事法规对国际犯罪的适用

Baltic Yearbook of International Law Online Pub Date : 2020-12-20 DOI: 10.1163/22115897_01701_007

Andres Parmas

引用次数: 0