Baltic Journal of Law and Politics最新文献_第7页

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective 自动驾驶汽车损坏的严格责任：爱沙尼亚视角

Baltic Journal of Law and Politics Pub Date : 2019-12-01 DOI: 10.2478/bjlp-2019-0009

Taivo Liivak, Janno Lahe

引用次数: 0

Freedoms and Rights Versus Public Morals: Notes on Constitutional Practice in Poland 自由与权利与公共道德——波兰宪法实践札记

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0006

Dorota Lis-Staranowicz, Wojciech Guzewicz

{"title":"Freedoms and Rights Versus Public Morals: Notes on Constitutional Practice in Poland","authors":"Dorota Lis-Staranowicz, Wojciech Guzewicz","doi":"10.2478/bjlp-2019-0006","DOIUrl":"https://doi.org/10.2478/bjlp-2019-0006","url":null,"abstract":"Abstract This article does not to seek a universal answer to the question of what morality or public morals are; rather it focuses on the issue of morality as grounds for limiting constitutional rights and freedoms. We narrow the problem to constitutional practice, and in particular to the judgments of the Polish Constitutional Tribunal, which settles disputes centered around the freedom of humans and public morals. Public morals as grounds for limiting personal rights or liberties rarely appear on the Constitutional Tribunal’s docket. The Constitutional Tribunal does not conduct philosophical, moralistic or ethical discussions in search of the meaning of public morals. Judges tend to apply the concept in an intuitive manner. We argue that they limit it to a folk understanding, which may be explained as follows: do good and avoid evil. Judges assign meaning to the public morals clause by referring to their own experiences or seek insight into morality in public opinion polls, which may not be a reliable source of knowledge about what is good and what is evil (the primacy of the “will of the majority”). Two difficult cases await the judgment of the Constitutional Tribunal. Each of them concerns major ethical and moral dilemmas. The first one relates to eugenic abortion, which is legal in Poland under certain conditions, while the second one involves the relationships of homosexual couples, which are not currently subject to legalization. The Constitutional Tribunal is not ready to solve these cases, making uses of public morality as grounds for limiting constitutional rights and freedoms.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"12 1","pages":"137 - 154"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48175449","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

Problematic Issues in the Protection of the Rights of European Investors in Corporate Relationships in Ukraine 在乌克兰公司关系中保护欧洲投资者权利的问题

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0005

U. Yarymovych

引用次数: 0

Maritime Security and the Role of Coast Guards: The Case of Finland and the Åland Islands’ Demilitarisation 海上安全和海岸警卫队的作用:芬兰和Åland岛屿非军事化的案例

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0001

Å. Gustafsson

{"title":"Maritime Security and the Role of Coast Guards: The Case of Finland and the Åland Islands’ Demilitarisation","authors":"Å. Gustafsson","doi":"10.2478/bjlp-2019-0001","DOIUrl":"https://doi.org/10.2478/bjlp-2019-0001","url":null,"abstract":"Abstract The measures and policies states adopt and apply related to law enforcement at sea in peacetime, such as setting up and legislating about Coast Guards and their role, increasingly take maritime security into account. A grey area between military and civilian rules, actors, and activities, can be discerned in relation to maritime security. The article explores the issue of security concerns as a basis for the on-going widening of powers of the Finnish Border Guard, which includes the Coast Guard – in particular how such a widening of the powers relates to the Åland Islands’ demilitarised status. The main question here is whether there is a conflict between possible military aspects of the Coast Guard vis-à-vis the demilitarised status of the Åland Islands. The article identifies aspects of a military nature regarding how the Finnish Coast Guard functions; these are not assessed as being decisive: the Border Guard is not part of the armed forces in peacetime. The article highlights the need for a comprehensive exploration and analysis – including both Finnish authorities and Ålandic authorities – of the Åland Islands’ status in relation to possible future assistance by the Defence Forces on the Åland Islands.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"12 1","pages":"1 - 34"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46891718","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: 1

Human Rights and Fishing: A Multidimensional Challenge 人权与渔业:一个多方面的挑战

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0007

S. Kirchner

引用次数: 0

The Smuggling of Tobacco Products in Europe: Criminogenic Potential Capacity 欧洲烟草制品走私：潜在的犯罪能力

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0002

Stanislav Filippov

引用次数: 4

Non-Governmental Childcare Centres in a Neoliberal Environment: the Case of Lithuania 新自由主义环境下的非政府托儿中心:立陶宛的案例

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0003

I. Tamutienė

引用次数: 0

The Brexit Fiasco and the Failure of Article 50 of the Treaty on the Functioning of the European Union 英国脱欧与《欧盟运作条约》第50条的失败

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0008

M. Kovač

{"title":"The Brexit Fiasco and the Failure of Article 50 of the Treaty on the Functioning of the European Union","authors":"M. Kovač","doi":"10.2478/bjlp-2019-0008","DOIUrl":"https://doi.org/10.2478/bjlp-2019-0008","url":null,"abstract":"Abstract Modern game theory and the economic theory of federalism may offer an alternative view on the Brexit fiasco, in which the British government should not bear exclusive responsibility for current disaster. Moreover, the design of Article 50 of the Treaty on the Functioning of the European Union (TFEU) contains an intrinsic dysfunctional mechanism that generates irrational strategies. Article 50 is underdeveloped and should be redrafted. The two-year deadline provision should be replaced with a reasonable time period and should provide for a third-party dispute resolution mechanism in instances where free negotiations between the EU and the withdrawing Member State in the reasonable time period fail to achieve a winwin solution. This article also argues that the current sub-optimal institutional framework on the vertical and horizontal division of competences might be an additional generator of Euroscepticism. In order to prevent the decline of public support the EU should do less in current fields and should do much more in fields where it failed to exercise its authority and which cannot be addressed effectively at the local levels. The EU should redesign itself as an institution that mitigates broad potential sources of negative externalities, reinforcing the rule of law, protecting liberal democracy with all related civil liberties, reinforcing its political-global dimension, protecting its common cultural heritage, and combating destructive nationalisms, isolationisms and cultural introspections.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"12 1","pages":"172 - 192"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47963860","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: 2

Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System 波兰法律体系中历史遗迹保护机构活动中自由裁量权的司法审查

Baltic Journal of Law and Politics Pub Date : 2019-06-01 DOI: 10.2478/bjlp-2019-0004

Jerzy Parchomiuk

引用次数: 0

Uncoupling Inter-Municipal Cooperation Capacity: Lithuanian Municipalities’ Efforts To Sustain Services Provision 分离城市间合作能力:立陶宛市政当局维持服务提供的努力

Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0010

Jurga Bučaitė-Vilkė, Remigijus Civinskas, A. Lazauskienė

引用次数: 2