International Comparative Jurisprudence最新文献

{"title":"APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES","authors":"Saulius Katuoka, Gediminas Valantiejus","doi":"10.13165/J.ICJ.2017.12.007","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.12.007","url":null,"abstract":"This article analyses the main World Trade Organization (WTO) agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU) in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts) to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis) and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU)).","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"195-212"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43748239","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}

{"title":"THE EUROPEAN UNION AS A UNION OF DEMOCRACIES, JUSTICE AND RIGHTS","authors":"K. Lenaerts","doi":"10.13165/J.ICJ.2017.12.001","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.12.001","url":null,"abstract":"That said, constitutional law, as an academic discipline, has evolved to the point where it is no longer limited to examining national constitutions but also encompasses the broader field of study denoted by the term ‘constitutionalism’. ‘Constitutional law beyond the State’ may involve the study of any system of norms that enshrines a commonality of values on which a union of sovereign States and their peoples is founded. Understood in this way, constitutionalism may operate even in the absence of a unitary ‘demos’ and outside the confines of the nation-State.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"132-136"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47488379","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}

{"title":"MYTHS AND FACTS ABOUT REFUGEES: REASONS FOR IRREGULAR BORDER CROSSING AND THE TRUTH ABOUT SOCIAL ASSISTANCE","authors":"D. Georgieva, Valeria Ilareva, Martina Bogdanova, Simona Mokreva, Irina Borova","doi":"10.13165/J.ICJ.2017.12.010","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.12.010","url":null,"abstract":"In this article, we aim to focus on and deal with two main myths about refugees. The first one is the myth that asylum seekers are allegedly law-breakers or even criminals, due to illegally crossing borders. The second myth that we address in the article is regarding the size of social assistance provided to asylum seekers and refugees. Both myths are found in host societies and are often invoked by xenophobic speakers in public debate.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"231-238"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44947595","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}

{"title":"TRENDS IN SHIP ARREST. CASE STUDY – LITHUANIA","authors":"T. Katauskas","doi":"10.13165/J.ICJ.2017.12.008","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.12.008","url":null,"abstract":"The purpose of this article is to introduce one of the international ship arrest problems, ship arrest trends and compare these trends with the current ship arrest regime in Lithuania. The research shows that the present international regime is suitable for the current fast-changing society and a new convention should be drafted. The modern view of a ship arrest regime seems to be arrest-friendly since more and more various jurisdictions introduce presumptions or abolish strict requirements to make it easier for the creditor to arrest the vessel. The conclusion is that some changes should be made in Lithuania by introducing separate ship arrest rules in the Civil Procedure Code, which will eliminate uncommon and unnecessary restraints. The article will be useful to anyone interested in maritime law, i.e. lawyers, judges and law students.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"213-221"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44239382","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}

{"title":"RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW","authors":"Virgilijus Valančius","doi":"10.13165/j.icj.2017.12.002","DOIUrl":"https://doi.org/10.13165/j.icj.2017.12.002","url":null,"abstract":"The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU) related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"137-152"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42560419","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}

{"title":"PROPERTY LAW IN THE CONFLICT OF LAWS: EUROPEAN AND EAST ASIAN REGULATORY MODELS","authors":"L. Volova, A. Suzdaleva","doi":"10.13165/j.icj.2017.12.005","DOIUrl":"https://doi.org/10.13165/j.icj.2017.12.005","url":null,"abstract":"The economic development of some East Asian states generates interest for the key features of East Asian national legislation when applying their experience in the law-making activities of the other states. One of these key features can be represented by a special model of cross-border property relations regulation concerning movables that tend to have a considerable influence on transnational business interaction. The aim of the article is to look over the patterns of European and Asian regulatory models of cross-border movable property relations and to compare their ability to induce cross-border economic cooperation. This article examines the opportunity to adopt the successful experience of legal regulation in this sphere and also highlights some of the differences that may inhibit business interaction between entrepreneurs from European and East Asian countries.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"179-187"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43557256","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}

{"title":"CONSTITUTIONAL REVIEW IN LATVIA AND LITHUANIA: A COMPARATIVE ANALYSIS","authors":"Aivars Endziņš, V. Sinkevičius","doi":"10.13165/10.13165/J.ICJ.2017.12.004","DOIUrl":"https://doi.org/10.13165/10.13165/J.ICJ.2017.12.004","url":null,"abstract":"The article provides an overview of the essential features of the Latvian and Lithuanian constitutional review models. In light of the fact that both countries only restored their independence at the end of the 20th century after the collapse of the Soviet Union, the institution of constitutional review is playing a very important role in implementing the main values of democratic society and the rule of law. With the help of comparative analysis, the authors present the historical background of establishing both constitutional courts and the main regulation of the constitutional review bodies; they discuss the appointment, independence and inviolability of justices, and uncover the main aspects of constitutional litigation. At the end the article, the authors conclude that despite several differences, the constitutional review systems in Latvia and Lithuania have a lot in common. Both systems are developing rapidly and serving as effective instruments for preserving supremacy of law in society, which should be evaluated as an important achievement in the circumstances of constitutional crises that several European countries are facing.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"161-178"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45940551","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}

{"title":"MIGRATION RELATED RESTRICTIONS BY THE EU MEMBER STATES IN THE AFTERMATH OF THE 2015 REFUGEE “CRISIS” IN EUROPE: WHAT DID WE LEARN?","authors":"L. Jakulevičienė","doi":"10.13165/J.ICJ.2017.12.009","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.12.009","url":null,"abstract":"The article explores the actual and potential negative effects of selected restrictive measures undertaken by the European Union Member States on the protection of asylum seekers and refugees in Europe and its near vicinity, and the lessons learned from the post-2015 migration and refugee ‘crisis’ in the EU. The article aims to provide a legal assessment of these measures and their consequences from the perspective of international and EU law. The selected restrictive measures employed by the Member States in relation to or post-2015 refugee ‘crisis’ that are analysed in the article, relate to restrictions in the area of border controls: reintroduction of Schengen control at EU internal borders; physical barriers built along the borders of EU Member States and closure of external borders; other restrictions through legislative changes related to fast-track procedures and the increased use of detention. The research demonstrates that the restrictive measures analysed have already caused and will raise concerns resulting in legal actions at national, as well as European courts, the latter being far less favourable to accepting the arguments of “unexpected migration flow”, protection of national security or public order as justification for such measures. The article suggests that the lessons learned from the post-2015 refugee ‘crisis’ have been limited, and restrictive tendencies continue, including new trends in the upcoming revision of EU asylum legislation.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"222-230"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45232919","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}

{"title":"Consequences of reservations to international human rights treaties, concluded in the aftermath of WWII","authors":"Aistė Augustauskaitė","doi":"10.13165/j.icj.2017.03.009","DOIUrl":"https://doi.org/10.13165/j.icj.2017.03.009","url":null,"abstract":"Contemporary international human rights law and the establishment of the United Nations have important historical antecedents. Concern over the protection of certain minority groups was raised by the League of Nations at the end of the First World War. However, the League floundered because the United States refused to join and because the League failed to prevent Japan’s invasion of China and Manchuria and Italy’s attack on Ethiopia. It finally died with the onset of the WWII. The idea of human rights emerged stronger after WWII. The extermination by Nazi Germany of over six million Jews, Sinti and Romani (gypsies), homosexuals, and persons with disabilities horrified the world. With the beginning of the UN, countries started ratifying various human rights instruments that were supposed to protect individuals. Unfortunately, significant number of countries do not want to be bound by the international treaties to the full extent, therefore the make crucial reservations that create danger to the protection of human rights. In this article the author analyses specific reservations that are being done to selected international human rights treaties and is looking for the answer whether the regime of reservations described in Vienna Convention on Law of Treaties can be fully applied to those human rights treaties. The author also discusses if the reservations that are incompatible with the object and purpose of the treaty can be made and what consequences they may bring. For this reason the author describes the practice of the state parties under the Convention on the Rights of the Child. This treaty was chosen not only because it lays down the most significant principles of the protection of children rights but also due to the great number of reservations made to the fundamental provisions of this treaty. The regulation laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions, author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"104-114"},"PeriodicalIF":0.0,"publicationDate":"2017-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46635235","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}

{"title":"INSOLVABLE ISSUED OF INEFFECTIVE INDIVIDUAL REDRESS FOR TORTURE IN SYRIA: UNAVOIDABLE AND INEVITABLE","authors":"Regina Valutytė","doi":"10.13165/J.ICJ.2017.03.005","DOIUrl":"https://doi.org/10.13165/J.ICJ.2017.03.005","url":null,"abstract":"Repelled by the outrages effects of the systematic ill-treatment of human beings during the WWII and its aftermath, the international community agreed to prohibit the use of torture in the 20th century. Yet, the absolute prohibition seems to exist only on paper. The recent examples of systematic torture in Syrian “black sites” call again the question of the efficiency of the legal framework for the redress of damage suffered by individuals due to deliberate actions of torture inflicted by state officials amidst loud political declarations of various actors of international community. Although the right to the redress may be realized through various schemes under international human rights treaties, the legal remedies seem to rather exist than live for Syrians. They are inaccessible to the victims of torturous acts due to the lack of recognition of the most relevant competences of the relevant human rights bodies by Syrian state. Unfortunately, the measures of criminal justice are ineffective or unapproachable either and it does not look like the punishable may be punished in the anytime soon.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"55-66"},"PeriodicalIF":0.0,"publicationDate":"2017-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45243346","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}