Baltic Journal of Law and Politics最新文献

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Human Rights-Based Approach to Sanitation: An Analysis with a Particular Focus on a Lithuanian Perspective 以人权为基础的卫生办法:特别侧重于立陶宛观点的分析
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0004
Airė Keturakienė
{"title":"Human Rights-Based Approach to Sanitation: An Analysis with a Particular Focus on a Lithuanian Perspective","authors":"Airė Keturakienė","doi":"10.2478/bjlp-2023-0004","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0004","url":null,"abstract":"Abstract The article analyses the human rights-based approach to sanitation from theoretical and practical perspectives. The first section of the article briefly introduces the path toward a recognition of sanitation as a human right within the international legal framework. In the second section, emphasis is given to the content of the human right of sanitation. The third section examines the state obligations implied by this right. The fourth section focuses on Lithuania and seeks to analyse whether and how the rights-based approach to sanitation is reflected in the Lithuanian legal system.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135737815","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
Assessing Determinants and Impact of Possible Russian Influence in the Western Balkan Countries 评估俄罗斯在西巴尔干国家可能产生的影响的决定因素和影响
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0008
Doris Malaj, Noela Mahmutaj
{"title":"Assessing Determinants and Impact of Possible Russian Influence in the Western Balkan Countries","authors":"Doris Malaj, Noela Mahmutaj","doi":"10.2478/bjlp-2023-0008","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0008","url":null,"abstract":"Abstract For Russia, the Western Balkan region holds significant historical, cultural, and religious ties, and while from a historical point of view the Western Balkans represents an area where Russia tries to be a long-time actor, the relationship between Moscow and Western Balkan states also depends on international factors such as EU integration. Additionally, this relationship is further impacted by current international crises. The objective of this article is to confirm the rise of Russian influence in the Western Balkan countries, and to determine how and to what extent it has impacted the region. For this purpose, a qualitative analysis is conducted with secondary data from many sources, including reports and policy events; the analysis also includes a rhetorical review of public appearances by the political leadership of the Western Balkan countries. First, we consider Russia’s pro-active approach manifested through its economic involvement in the region, and second the reactive approach of the Western Balkan countries due to their disillusionment with the EU, and the Covid-19 pandemic. Further, we argue that Russia’s invasion of Ukraine is a strong catalyst, as it directly affects the relationship of the Western Balkan countries with Russia, the EU, and vice versa.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135736000","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
Russia’s Containment Strategy during Biden’s Presidency and its Implications for the Baltic States: Old Wine in New Bottles? 拜登任期内俄罗斯的遏制战略及其对波罗的海国家的影响:新瓶装旧酒?
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0007
Gerda Jakštaitė-Confortola
{"title":"Russia’s Containment Strategy during Biden’s Presidency and its Implications for the Baltic States: Old Wine in New Bottles?","authors":"Gerda Jakštaitė-Confortola","doi":"10.2478/bjlp-2023-0007","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0007","url":null,"abstract":"Abstract When Russia invaded Ukraine in 2022, many experts claimed that in Europe there has not been such an assault on the principles of state sovereignty and territorial integrity since the end of Cold War.“ Moreover, politicians and researchers urged the U.S. to apply a containment strategy towards Russia once again. Meanwhile, the U.S. president Joe Biden made it clear that the U.S. was moving toward Russia’s containment 2.0: he called Putin’s actions “a naked aggression” and vowed to make Russia pay “economically and strategically.” The article examines Russia‘s containment strategy in Biden‘s administration foreign policy and its implications to the Baltic states. What vision about Russia’s containment strategy does the Biden administration have in terms of goals, instruments, and challenges? How does the administration implement its plans? Has the containment strategy been transformed and adapted to the new circumstances of the 21 st century? What role does the Biden administration foresee for the Baltic States in Russia’s containment strategy? What risks and opportunities does this idea present for the Baltic States? These are the questions that the article addresses.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135737812","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
Algorithmic Parody Protection in the European Union: CDSM Directive and DSA Regulation Perspective 欧盟的算法仿拟保护:CDSM指令和DSA法规的视角
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0005
Prof. dr. Paulius Pakutinskas, Tomas Linas Šepetys
{"title":"Algorithmic Parody Protection in the European Union: CDSM Directive and DSA Regulation Perspective","authors":"Prof. dr. Paulius Pakutinskas, Tomas Linas Šepetys","doi":"10.2478/bjlp-2023-0005","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0005","url":null,"abstract":"Abstract This research aims to evaluate the CDSM Directive and DSA regulation effectiveness in protecting the EU copyright exception for parody, caricature, and pastiche set in Article 5 (3)(k) of the InfoSoc Directive and capture quintessential issues of the regulation that make the conditions for potentially reduced ability to disseminate creative parody content in the online content-sharing service platforms in the EU. The subject of this paper is the complex relationship between algorithmic content recognition tools and creative parody content qualification. Based on EU copyright law doctrinal consensus, a legislative move to introduce liability for copyright-infringing content to online content-sharing service providers induces algorithmic content moderation on digital platforms. The triangular challenge to balance EU copyright and exception protection without disrupting the online content-sharing service leads to algorithmic recognition-based parody recognition solutions.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135736001","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
Contesting the West? Domestic Contestation in Bulgarian Foreign Policy From 2014 to 2022 与西方竞争?2014 - 2022年保加利亚外交政策中的国内争论
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0009
Jean F. Crombois
{"title":"Contesting the West? Domestic Contestation in Bulgarian Foreign Policy From 2014 to 2022","authors":"Jean F. Crombois","doi":"10.2478/bjlp-2023-0009","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0009","url":null,"abstract":"Abstract This article addresses the evolution of Bulgarian foreign policy since the start of the Russian Ukrainian crisis of 2014 until 2022 through the prism of domestic contestation of foreign policy choices and decisions. The article reviews four key votes that took place during the period that related to NATO decisions and EU-related decisions towards the situation in Ukraine. This article raises three central questions. First: to what extent were Bulgarian foreign policy decisions related to NATO and the EU increasingly contested and politicized in domestic politics? Second: what is the impact of domestic political dynamics in terms of fragmentation, coalition building and role of smaller fringe extreme right political parties on the growing politicization and contestation of Bulgarian foreign policy towards NATO and the EU? Third: to what extent might such politicization and contestation question Bulgaria’s commitments to both NATO and the EU?","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135737819","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
Resilience and Vulnerabilities Related to Russia’s Invasion of Ukraine: The Emergence of a New Club of Nato and EU Members 与俄罗斯入侵乌克兰有关的复原力和脆弱性:北约和欧盟新俱乐部的出现
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0006
Ivan Dinev Ivanov
{"title":"Resilience and Vulnerabilities Related to Russia’s Invasion of Ukraine: The Emergence of a New Club of Nato and EU Members","authors":"Ivan Dinev Ivanov","doi":"10.2478/bjlp-2023-0006","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0006","url":null,"abstract":"Abstract Тhis article compares and contrasts macro- and micro-foundational explanations about disinformation and resilience in Europe as a result of Russia’s war in Ukraine. It presents micro-level data about the shifting public opinion in Europe after Russia’s invasion in Ukraine on Feb 24, 2022 on the topics of NATO and EU support and favorability, sympathy for Ukraine and condemnation of Russia, including support for sanctions against Moscow (Pew Research Center 2021, 2022). The study compares and contrasts traditional macro-level analytical frameworks such as deterrence, institutionalization and adaptation. I argue that a combination of macro- (or institutional) and micro-level factors (associated with the idiosyncrasies of the domestic public opinion) best explain the shifting attitudes since the beginning of the War in Ukraine. Against the backdrop of NATO and the EU’s increased resilience, a new group or sub-club of “vulnerable” allies has emerged among some central and east European nations. The article evaluates different constraints and vulnerabilities and makes recommendations how to reduce misinformation and contestation in these states.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135736185","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
Control of Criminal Intelligence: An Evaluation of the Lithuanian Situation in Light of International Practice 刑事情报控制:从国际实践看立陶宛的情况
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0001
Mindaugas Bilius, Marijus Šalčius
{"title":"Control of Criminal Intelligence: An Evaluation of the Lithuanian Situation in Light of International Practice","authors":"Mindaugas Bilius, Marijus Šalčius","doi":"10.2478/bjlp-2023-0001","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0001","url":null,"abstract":"Abstract This article analyses problems arising in the field of control of criminal intelligence. In order to prevent human rights violations, each state must have a well-functioning mechanism in place to control criminal intelligence actions. The article analyses the activities of the entities responsible for the legality of criminal intelligence activities and, taking into account international practice, reveals the gaps in the legal regulation in Lithuania and the shortcomings in the activities of the institutions responsible for controlling criminal intelligence. Prosecutors, while participating in the process of sanctioning criminal intelligence actions, also examine complaints against these actions, which not only leads to a biased control, but also, as the study has shown, contradicts the case law of the ECtHR. The article also analyses the problems related to the freedom of criminal intelligence entities to choose the court that will hear their applications. The study concludes that the current situation, which restricts a person’s access to information about criminal intelligence actions against him/her, is incompatible with international practice and violates the human right to judicial protection. The article provides suggestions for establishing a specialised independent criminal intelligence control institution in Lithuania.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135736186","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
Psychological Workplace Violence Against Older People in Lithuania 立陶宛工作场所对老年人的心理暴力
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0003
Aistė Leščinskaitė
{"title":"Psychological Workplace Violence Against Older People in Lithuania","authors":"Aistė Leščinskaitė","doi":"10.2478/bjlp-2023-0003","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0003","url":null,"abstract":"Abstract Changes in regulation and legislation place an obligation on employers to provide proper and safe working conditions for employees. In this context, it is important to determine if psychological violence prevention efforts are actually effective and whether the more vulnerable employees, older workers, are exercising their rights to defend themselves against the psychological violence they experience without fear of losing their jobs. This article presents theoretical and empirical data which sheds light on the nature of the psychological violence experienced by older people, the positions of people who exercise psychological violence in the employer’s organization, and the prevalence of, reasons behind, and forms and consequences of this psychological violence. The study behind this article was conducted by giving questionnaires to employers and employee representatives – i.e. trade unions – with identical questions. The responses of employers and employee representatives on the topic of psychological violence experienced by older workers are fundamentally different, which means that there is not enough social dialogue in this area between employees and employers.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135736187","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
Discrimination on the Basis of Personal Data in Employment: The Case Study of Lithuania 就业中基于个人资料的歧视:以立陶宛为例
Baltic Journal of Law and Politics Pub Date : 2023-09-01 DOI: 10.2478/bjlp-2023-0002
Ingrida Mačernytė-Panomariovienė
{"title":"Discrimination on the Basis of Personal Data in Employment: The Case Study of Lithuania","authors":"Ingrida Mačernytė-Panomariovienė","doi":"10.2478/bjlp-2023-0002","DOIUrl":"https://doi.org/10.2478/bjlp-2023-0002","url":null,"abstract":"Abstract This article examines what kind of personal data disclosure may make it difficult to get employed and what kind of excessive (unlawful) data is collected when selecting candidates in Lithuania. The analysis reveals that there have been a number of justified complaints regarding the selection of employees via recruitment platforms and the provided application forms that specifically requested an excessive amount of information, or situations in which the conditions indicated in job listings were adapted to a specific circle of people, thus eliminating other potential candidates, such as persons of pre-retirement age, young families, persons with children, persons of a particular gender and similar groups of people. The purpose of this article is to identify methods of unlawful collection of personal data, as well as the types of requested personal data, the origin of which may lead to discrimination during the recruitment process in Lithuania. The article analyses the legality of documents requested from candidates, data collected from them by filling out application forms and providing preliminary or additional information during job interviews, or information gathered from former employers or social networks.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135737814","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
Social Partnership as a Method of Legal Regulation of Employment Relations: The Case of Lithuania 社会伙伴关系作为劳动关系法律规制的一种方法——以立陶宛为例
Baltic Journal of Law and Politics Pub Date : 2022-12-01 DOI: 10.2478/bjlp-2022-0008
Rytis Krasauskas, Ingrida Mačernytė‐Panomariovienė
{"title":"Social Partnership as a Method of Legal Regulation of Employment Relations: The Case of Lithuania","authors":"Rytis Krasauskas, Ingrida Mačernytė‐Panomariovienė","doi":"10.2478/bjlp-2022-0008","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0008","url":null,"abstract":"ABSTRACT This article assesses the significance of social partnership in the regulation of employment relations. It is pointed out that the legal regulation of employment relations in Lithuania lacks stability, and the hypothesis is raised that this situation has been partly determined by the vanishing, negligible role of social partnership. The presumption is put forward that the regulation of employment relations can result in an effective and sustainable balance between the interests of employees and employers only if the possibilities of social partnership are used to their full extent and an optimal balance is achieved between contractual law-making and state law-making. The Lithuanian social partnership model is defined as gravitating from quasipartnership towards real social partnership; therefore, ways are still being sought as to how to strengthen the impact of social partnership on the regulation of employment relations by means of legislation and the use of soft law. To reveal the impact of social partnership on the regulation of employment relations in Lithuania, the article identifies and assesses the key indicators revealing the influence of social partnership on the regulation of employment relations and examines the positive legal regulation related to social partnership.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69182673","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
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