{"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":"31 1","pages":"0"},"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}
{"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":"17 1","pages":"0"},"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}
{"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":"6 1","pages":"0"},"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}
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":"52 1","pages":"0"},"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}
{"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":"5 1","pages":"0"},"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}
{"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":"15 1","pages":"1 - 28"},"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}
{"title":"Caring about The Caregivers: Challenges for Female Caregivers in Lithuanian and Estonian Labour Law","authors":"Kristina Ambrazevičiūtė","doi":"10.2478/bjlp-2022-0012","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0012","url":null,"abstract":"ABSTRACT While considerable efforts are being made to consolidate and implement the principle of gender equality, the gender pay gap remains a real problem. One of the reasons for this gap is the traditional role of women in caring for children and other relatives. By devoting a significant part of their time to the unpaid care function, women have fewer opportunities to participate in employment relationships. This leads to women’s poorer financial situation, limited career opportunities, and a higher risk of poverty in old age. Therefore, both at the EU and national level, there has been a search for optimal ways to enable female caregivers to remain in the labour market and ensure their income levels. This article provides an overview of the situation of female caregivers and the legal measures taken by Lithuania and Estonia (both EU Member States) to improve the situation of women performing unpaid care functions in labour relationships.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"99 - 128"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49179218","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":"Epieikeia or “Better Justice”: Formalism in Tax Law Revisited","authors":"H. Filipczyk","doi":"10.2478/bjlp-2022-0013","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0013","url":null,"abstract":"ABSTRACT For Aristotle, “the essence what is equitable is that it is an amendment of the law, in those points where is fails through the generality of its language”. The application of legal rules produces appropriate (just) results in the majority of cases, but not in all. When its application would lead to injustice, a legal rule can be defeated by equity. The idea of epieikeia (equity) sheds light on the modern discussion about the nature of legal rules, the distinction between rules and principles, and mechanisms of adjudication. This idea is also relevant in the tax law domain. In this area, the dominant theoretical position is legal formalism, with its focus on (strictly conceived) legal rules in legislation and in the application of the law. The Aristotelian reflection on epieikeia poses challenges to this traditional view: legal rules are deficient, and thus, as demonstrated, so is the formalistic approach to tax law. In particular, the equitable resolution of a tax dispute can be achieved through alternative dispute resolution methods: on the basis of a consensus between a taxpayer and a tax authority that is not strictly based on a legal rule.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"129 - 151"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43131203","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":"Evolution of Administrative Justice in the Baltic States in 1918–1940","authors":"I. Deviatnikovaitė, Edvins Danovskis, Ivo Pilving","doi":"10.2478/bjlp-2022-0004","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0004","url":null,"abstract":"Abstract At the beginning of the twentieth century, administrative courts were established one after another in European countries. In this article, scholars review the origins of administrative justice in three Baltic states – Lithuania, Latvia, and Estonia – when all three states declared their independence. In the article, the authors reveal the legal regulation of administrative justice, the procedural provisions of judicial review, the system of institutions that supervised the legality of administrative acts, and their jurisdiction during the period from 1918 to 1940 in the Baltic states.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"71 - 97"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42018786","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}
Andrius Puksas, Raimundas Moisejevas, Andrejus Novikovas
{"title":"COVID-19 Affected State Aid Provision in the EU","authors":"Andrius Puksas, Raimundas Moisejevas, Andrejus Novikovas","doi":"10.2478/bjlp-2022-0005","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0005","url":null,"abstract":"Abstract The EU State Aid regulation is based on the premise that the market and the entities within it must operate independently without additional unnecessary intervention by the state. In other words, state intervention must be kept to a minimum. Unjustified aid to one or another entity may distort the situation in the market and lead to a number of undesirable consequences, including market advantage acquired by the aided entity. The willingness of the state and its institutions to help those who face difficulties may be understandable, but not always justified. However, the prohibition on a state and its institutions to grant aid is not unconditional and, in some cases, may cause serious undesired consequences. The coronavirus disease (COVID-19), which hit EU member states in the first half of 2020, led to a re-thinking of the rules in force and a broadening of the scope for state aid exemptions. However, there are a number of questions about the nature of the EU State Aid regulation and its correlation with COVID-19 outbreak-conditioned decisions. The article analyses the state aid granting practices across the EU (including the UK) related to COVID-19. It covers approximately two- year period—from the start of the pandemic in Europe to March 2022.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"98 - 116"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46365584","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}