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EU Copyright Law: Developing Exceptions and Limitations Systematically – An Analysis of Recent Legislative Proposals 欧盟版权法:系统地发展例外和限制——对最近立法建议的分析
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/BJLP-2018-0014
Asta Tūbaitė-Stalauskienė
{"title":"EU Copyright Law: Developing Exceptions and Limitations Systematically – An Analysis of Recent Legislative Proposals","authors":"Asta Tūbaitė-Stalauskienė","doi":"10.2478/BJLP-2018-0014","DOIUrl":"https://doi.org/10.2478/BJLP-2018-0014","url":null,"abstract":"Abstract In the European Union, Copyright law is not uniform. There are a number of EU Directives concerning copyright law, which form an exhaustive list of limitations and exceptions, most of which are optional. The optional nature of limitations and exceptions is a significant obstacle to effective harmonisation in the Member States, which creates legal uncertainty for rightsholders and users. The aim of this article is to examine limitations and exceptions under the current EU copyright law, to analyse what efforts the European Commission, the Council and the Parliament have undertaken in order to reform EU copyright and to present other possible options for reform regarding exceptions and limitations in the EU.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47375660","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
Fatigue Within the EU’s Eastern Partnership: The EU Role in the “Neighbourhood Of Crisis” 欧盟东部伙伴关系的疲劳:欧盟在“危机邻国”中的角色
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0013
Sima Rakutienė
{"title":"Fatigue Within the EU’s Eastern Partnership: The EU Role in the “Neighbourhood Of Crisis”","authors":"Sima Rakutienė","doi":"10.2478/bjlp-2018-0013","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0013","url":null,"abstract":"Abstract Since 2004, when the European neighbourhood policy was established, the European Union has already spent billions of euros to finance the new neighbourhood policies for creating more stable and more cooperative relations with eastern and southern neighbours. However, increased security concerns and challenges, less stable and less prognostic relations seem to have produced the opposite result of what was sought, and so Europe is experiencing a “neighbourhood of crisis”. Did it fail? What strategy has the EU been using within the last 15 years in relations with its neighbouring countries? What specific tools and instruments have been adapted? Did the renewal of European neighbourhood policy introduce any completely new strategic elements? This article examines these questions, focusing on three perspectives suggested by role theory: intentional, interactional and institutional. The study applies qualitative research methodology and claims that the EU has been seeking to transmit not just EU values and standards but also internal institutional practices and modes of EU governance.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47618182","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
Decentralised Technology and Technology Neutrality in Legal Rules: An Analysis of De Voogd and Hedqvist 分权技术与法律规则中的技术中立——对德沃格德和赫奎斯特的分析
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0011
Anne Veerpalu
{"title":"Decentralised Technology and Technology Neutrality in Legal Rules: An Analysis of De Voogd and Hedqvist","authors":"Anne Veerpalu","doi":"10.2478/bjlp-2018-0011","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0011","url":null,"abstract":"Abstract This article looks at whether the principle of technology neutrality can be applied to the centralised-decentralised scale in a manner similar to its application to the offline-online scale. The analysis is based on two cases of similar circumstances relating to bitcoin exchanges run by early adopters in Estonia and Sweden. The cases exhibit two different ex ante legislative approaches aimed at payments in currencies and the interpretation of the respective legislation by the judiciary in applying these rules to bitcoins and to the activity of exchanging bitcoins. The article examines whether the legal rules applied to the payment infrastructure of currencies were technology neutral and also implemented neutrally or whether, contrary to the principle, there was difference of treatment of decentralised technology outputs – bitcoins – from the centralised technology outputs – legal tender – irrelevant of the functional equivalence of these units of payment.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44951145","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
Disputes Over the Pipelines Importing Russian Gas to the EU: How to Ensure Consistency in EU Energy Law and Policy? 俄罗斯输往欧盟天然气管道之争:如何确保欧盟能源法律和政策的一致性?
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0012
M. Szydło
{"title":"Disputes Over the Pipelines Importing Russian Gas to the EU: How to Ensure Consistency in EU Energy Law and Policy?","authors":"M. Szydło","doi":"10.2478/bjlp-2018-0012","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0012","url":null,"abstract":"Abstract Europe is divided on how to construct and exploit pipelines importing Russian gas to the EU. The division evinces two opposing models, which I label (1) the Overcapacity and Exemption-Based Model and (2) the Optimal Capacity and Regulatory-Based Model. As those labels suggest, these models are premised on different assumptions as to the number and capacity of such pipelines that the EU requires, and as to how far those pipelines should be subject to EU energy law. The struggle between these models is not merely a legal one. More fundamentally, it is an economic and geopolitical one involving a wide range of stakeholders: public and private. This article evaluates the two models. By describing the legal disputes concerning OPAL and Nord Stream 2 and analysing their wider legal, economic and geopolitical implications, it argues that the second model (Optimal Capacity and Regulatory-Based) is clearly superior in today’s context. It is fully aligned with the objectives and provisions of EU energy law. In particular, it is consistent with that law’s aim of diversifying the external suppliers, sources and routes of gas supplies available to the EU. This article concludes that this latter model must win in the OPAL and Nord Stream 2 disputes, and, moreover, that it must be implemented with respect to all eastern import pipelines and connected pipelines before any further pro-competitive or pro-integrative reforms to the EU’s energy law and policy.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41280284","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
The Politics of Separation and Participation: Autonomous Spaces in Kaunas, Lithuania 分离与参与的政治：立陶宛考纳斯的自治空间
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0015
Tomas Marcinkevičius
{"title":"The Politics of Separation and Participation: Autonomous Spaces in Kaunas, Lithuania","authors":"Tomas Marcinkevičius","doi":"10.2478/bjlp-2018-0015","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0015","url":null,"abstract":"Abstract For the past four years autonomous spaces that vary in nature but are run by virtually the same group of people have been operating in Kaunas, Lithuania. In the Lithuanian context, they are one of the most prominent recent attempts at continuous radical leftist political infrastructure. In the Central and Eastern European context, they are peculiar for not being connected to public housing struggles. This article draws an outline of their modes of operation and paradigmatic shifts by examining their history as well as theoretical and sociological material and using extensive interviews conducted with participants. Awareness of the complicated relation between meaningful separation and broader participation is suggested as a reflexive means of becoming hubs of political involvement.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42637891","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
Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration 在劳务移民背景下保障乌克兰的劳动自由
Baltic Journal of Law and Politics Pub Date : 2018-12-01 DOI: 10.2478/bjlp-2018-0009
M. Inshyn, O. Moskalenko
{"title":"Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration","authors":"M. Inshyn, O. Moskalenko","doi":"10.2478/bjlp-2018-0009","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0009","url":null,"abstract":"Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43868949","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: 6
Peculiarities of Enterprise Mortgage as a New Form of Commercial Charge 企业抵押作为一种新型商业抵押形式的特点
Baltic Journal of Law and Politics Pub Date : 2018-06-01 DOI: 10.2478/bjlp-2018-0004
Renata Juzikienė
{"title":"Peculiarities of Enterprise Mortgage as a New Form of Commercial Charge","authors":"Renata Juzikienė","doi":"10.2478/bjlp-2018-0004","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0004","url":null,"abstract":"Abstract Enterprise mortgage is a new form of commercial charge applicable in the law of Lithuania since 1 July 2012. An enterprise mortgage as set out in the national law is distinct by its object, i.e. that an enterprise mortgage allows charging an enterprise as a whole, as an immovable property item; by the debtor’s (grantor’s) right to use the mortgaged assets in the ordinary course of business by transferring them to third persons free from encumbrance; also by the opportunity for the enterprise mortgagee to enfroce his rights by special method of enforcement: the enterprise purchase and sale. As a result of its wide scope, embracing both the existing and future assets of the debtor, as well as due to the absolute priority granted to the mortgagee to get all proceeds from the sale of the charged property, enterprise mortgage affects not only the debtor but also other creditors of the debtor (grantor). The method of minimum regulation for enterprise mortgage chosen in the law leaves a number of open questions for practical and doctrinal development. The article presents an analysis of the content of object of enterprise mortgage, explores the impact of enterprise mortgage on the satisfaction of claims of other creditors of the debtor (grantor) both in enforcement and insolvency proceedings, the rationale behind absolute priority of the enterprise mortgagee, effectiveness of the enterprise purchase, and sale as a method of enforcement of enterprise mortgagee’s rights. The article also analyses the relevance and adequacy of the existing legal regulation.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49079623","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
Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure 在欧洲人权法院和集体申诉程序中保护紧急医疗服务权
Baltic Journal of Law and Politics Pub Date : 2018-06-01 DOI: 10.2478/bjlp-2018-0003
J. Uusitalo
{"title":"Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure","authors":"J. Uusitalo","doi":"10.2478/bjlp-2018-0003","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0003","url":null,"abstract":"Abstract The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of emergency medical service illustrates that, contrary to the prevailing understanding, both mechanisms do provide equally effective protection for claims concerning the right to emergency health care.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45744552","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
European Normative Power During Ukrainian-Russian Conflict 乌俄冲突中的欧洲规范性力量
Baltic Journal of Law and Politics Pub Date : 2018-06-01 DOI: 10.2478/bjlp-2018-0001
Viljar Veebel, Raul Markus
{"title":"European Normative Power During Ukrainian-Russian Conflict","authors":"Viljar Veebel, Raul Markus","doi":"10.2478/bjlp-2018-0001","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0001","url":null,"abstract":"Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2478/bjlp-2018-0001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43999794","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: 4
The Montreal Convention of 1999 and Regulation No 261/2004 in the EUCJ and National Case Law 1999年《蒙特利尔公约》和欧盟法院第261/2004号条例和国家判例法
Baltic Journal of Law and Politics Pub Date : 2018-06-01 DOI: 10.2478/bjlp-2018-0002
I. Deviatnikovaitė
{"title":"The Montreal Convention of 1999 and Regulation No 261/2004 in the EUCJ and National Case Law","authors":"I. Deviatnikovaitė","doi":"10.2478/bjlp-2018-0002","DOIUrl":"https://doi.org/10.2478/bjlp-2018-0002","url":null,"abstract":"Abstract The article first analyses the relationship between the Montreal Convention and Regulation 261/2004. Although the Regulation and the Convention both relate to the protection of air passenger’s rights it remains ambiguous when and in which disputes these acts should be applicable. Thus, this article reveals the problematical issue of how these acts differ and in which situations they are applicable. Second, it reviews the development of the EUCJ case law regarding the application of these acts. Third, it examines the relevant case law of the Supreme Court of the Republic of Lithuania in this area.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44611137","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
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