Juridica International最新文献

{"title":"Reflections on the COVID-19 Restrictions in Belgium and the Rule of Law","authors":"Peter Praet","doi":"10.12697/ji.2021.30.21","DOIUrl":"https://doi.org/10.12697/ji.2021.30.21","url":null,"abstract":"The paper examines the legality and legitimacy of Belgium’s COVID-19-related restrictions in light of national and international guidelines. Its discussion proceeds from the most vital characteristic of any law-based state: the government being subject to standards of substantive and procedural legality, even during a pandemic. After this, the effect of the crisis on the Belgian Rechtsstaat is examined, with special emphasis on the functioning of the separation of powers and on the unprecedented predominance of the executive power, alongside the legal basis for the latter’s actions. The author concludes that the Belgian measures against the virus’s spread have failed to meet the cumulative requirements of the rule-of-law test. Discussion then turns to the possibly huge ramifications for some wider debates in the field of philosophy of law, both for classic topoi ( such as law and morality or utilitarianism) and for contemporary current debates such as constitutionalism, sovereignty, and juristocracy. In its concluding remarks, the paper raises issues of the unspoken social contract between the people and the state: will the restrictions amid the pandemic go down in history as a singular, unique event or, instead, as a step on the slippery slope toward permanent crisis management in the name of a new sanitary order?","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45585534","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":"SELF-ORGANIZED BODIES OF POPULATION AND THE LOCAL GOVERNMENT’S NATURE CONCEPTS","authors":"N. V. Mishyna","doi":"10.32843/JURIDICA/2020.1.3","DOIUrl":"https://doi.org/10.32843/JURIDICA/2020.1.3","url":null,"abstract":"The purpose of the article is to formulate recommendations for improving the effectiveness of legal regulation of the creation and functioning of self-organization of the population’s bodies in Ukraine based on the analysis of theories about the nature of local self-government. \u0000The Concept of administrative reform in 1998 stipulated, that the main task of municipal reform is to eliminate shortcomings that significantly affect the implementation of management activities. It should be emphasized that this task is still being performed. Therefore, during the reform, during its legislative provision, special attention should be paid to the study, analysis, generalization and implementation of the best domestic and international experience in the field of local self-government development. One of the important practical tasks at this stage is to revive the participation of the population in the implementation of local democracy, including - in the work of self-organization of the population (hereinafter - BSOP), - house, neighborhood, street, etc. committees. An important scientific task is the doctrinal support of this process. It should be emphasized that the contribution of jurists, first of all, is to create an effective regulatory framework for the establishment and functioning of the JI bodies as an element of the system of local self-government. \u0000The article considers theories of local self-government, which deal with its nature - public, state, public-state theories. On the basis of the analysis of these theories conclusions about the characteristic policy concerning bodies of self-organization of the population in case of use in the state of this or that theory is made. \u0000In particular, the author argues that the effective development of the BSOP as an integral part of the system of local self-government will contribute to: 1) the definition at the state level of the theory of local self-government; 2) consistent implementation of the provisions of this theory in current legislation. At the present stage in Ukraine this does not happen, which significantly inhibits the development of the institution of self-organization of the population. Prospects for further research in this area are seen in the need to provide more detailed recommendations for effective regulation of the establishment and operation of house, neighborhood, etc. committees.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87262813","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":"Protecting Trade Mark Proprietors Against Unfair Competition in EU Trade Mark Law","authors":"Gea Lepik","doi":"10.12697/ji.2021.30.17","DOIUrl":"https://doi.org/10.12697/ji.2021.30.17","url":null,"abstract":"With aims of protecting trade mark proprietors against commercial practices of third parties that could hinder the use of the trade mark in informing and attracting customers, negatively influence its selling power, or exploit its attractive force, the EU legislator and the Court of Justice of the EU (CJEU) have broadened the protection afforded under trade mark law to cover such acts. At the same time, the CJEU has sought appropriate balance between the exclusive rights of trade mark proprietors and the interests of third parties, in allowing those practices that can be deemed acceptable as part of fair competition. The author argues that, in consequence, EU trade mark law is becoming ever more an EU law of unfair competition with regard to practices that involve the use of trade marks. The article represents an attempt to explain these developments by looking at specific policy choices and decisions of the CJEU on the protection of trade marks, alongside the wider context of EU law dealing with unfair competition. A key conclusion is that, in light of the lack of harmonisation of unfair competition law in the EU (at least pertaining to practices that affect businesses), the widening of the scope of protection under trade mark law helps to ensure the necessary degree of harmonisation while avoiding a parallel system of protection. When compared to pre-existing EU instruments of unfair competition law that prohibit certain uses of trade marks, this approach provides trade mark proprietors with a more efficient mechanism for enforcing their rights. In the course of elucidating this finding, the article gives the reader an understanding of how EU law addresses the protection of the commercial value of trade marks.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66673116","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 Relationship between EU Law and Fundamental Principles of Estonian Substantive Criminal Law","authors":"K. Rosin","doi":"10.12697/ji.2021.30.19","DOIUrl":"https://doi.org/10.12697/ji.2021.30.19","url":null,"abstract":"Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66673185","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":"Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law","authors":"Kristiina Koll","doi":"10.12697/ji.2021.30.06","DOIUrl":"https://doi.org/10.12697/ji.2021.30.06","url":null,"abstract":"The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66673296","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":"Shareholder Exit in Estonian Private Limited Companies: Proposals of the Company Law Revision Working Group","authors":"Andres Vutt, Margit Vutt","doi":"10.12697/ji.2021.30.16","DOIUrl":"https://doi.org/10.12697/ji.2021.30.16","url":null,"abstract":"Private limited companies are small, closed companies in which, as a rule, there are few shareholders. Regrettably, conflicts arise between shareholders that cannot be resolved in such a way that the persons in dispute remain shareholders, since protracted litigation reduces the value of the company and may lead to the closing of the business. For resolving such situations, several countries have made provisions in their laws for the possibility of shareholder exit. Current Estonian law does not provide for shareholder exit. The law regulates only a shareholder’s expulsion, but this remedy is not widely used in practice, since its scope is so limited. This mechanism cannot be used for solving the problems in most cases. There are some other possibilities for shareholder exit, but they are merely theoretical and have not been proved in case law. A review of Estonia’s company law commenced in 2016, and the working group presented its proposals for amending the relevant laws in 2019. One proposal made by the revision working group was to bring into the law provisions governing shareholder exit. Under the proposals made, shareholder exit would be possible only for a valid reason and as ultima ratio. The right to claim for exclusion of a shareholder is held by any shareholder(s) having at least 50% of the votes. If a shareholder is excluded from the company, the court has to determine the compensation to be paid to the departing shareholder, taking into account the rules on capital maintenance.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66673493","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":"International Human-Rights Supervision Triggering Change in Child-Protection Systems? The Effectiveness of the Recommendations of the CRC Committee in Estonia","authors":"Katre Luhamaa","doi":"10.12697/ji.2020.29.10","DOIUrl":"https://doi.org/10.12697/ji.2020.29.10","url":null,"abstract":"Estonia’s legal system is generally regarded as very accepting of international (human-rights) law, with treaties in this domain and associated supervisory practice being implemented directly by national courts. The article analyses whether this extends to the Convention on the Rights of the Child (CRC) and the recommendations of the CRC Committee on ways to improve the Estonian national child-protection system. The main question examined is whether the CRC Committee’s ‘Concluding Observations’ have had an impact and been effective with regard to the Estonian child-protection system. The article lays out and further develops the framework proposed by Krommendijk for analysing the impact and effectiveness of international human-rights work with respect to national legal systems. The author begins by situating this theoretical framework in the context of the CRC and the Estonian legal system and then providing a brief description of Estonia's reporting process. The bulk of the paper is concerned with research presenting the development of the following elements of the child-protection system in aims of analysing the effectiveness of the CRC Committee's recommendations: general principles with relevance for the child-protection system, the institutional set-up, issues related to the implementation of the child's right to be free from any form of violence (along with any relevant procedural rights), and the placement of a child within the child-protection system.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48527488","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 Abkhazian Conflict: A Study on Self-determination and International Intervention","authors":"Alexander Lott","doi":"10.12697/ji.2020.29.12","DOIUrl":"https://doi.org/10.12697/ji.2020.29.12","url":null,"abstract":"The Crimean conflict in 2014 followed in many respects the pattern of Russia’s previous interventions in a neighbouring state – e.g., the 2008 Georgian conflict. Yet its similarities with the forgotten Abkhazian conflict in 1992–1993 are not widely acknowledged. The principal aim of the study presented was to determine whether Abkhazia had the right to claim statehood and to examine Russia’s actions in support of the Abkhaz separatist forces during the conflict in 1992–1993. The author finds that the Abkhazians, similarly to the Crimean Russians, were not entitled to the right of external self-determination. The paper arrives at the conclusion that the fighting in Abkhazia in 1992–1993 may be categorised as an international armed conflict due to Russia’s direct military intervention.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48179156","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":"Book Review: Alexander Lott's The Estonian Straits: Exceptions to the Strait Regime of Innocent or Transit Passage","authors":"E. Franckx","doi":"10.12697/ji.2020.29.13","DOIUrl":"https://doi.org/10.12697/ji.2020.29.13","url":null,"abstract":"The author's review of the book The Estonian Straits: Exceptions to the Strait Regime of Innocent or Transit Passage (Leiden, 2018, 306 pages), by Alexander Lott, highlights the major achievements represented by this scholarly work. The review presents the main subjects discussed in the book, which is based on a doctoral dissertation defended at the University of Tartu in early 2017. Having thus walked the reader through the subject matter of this new addition to Brill Nijhoff’s series International Straits of the World, the author concludes that the book, based as it is on an in-depth analysis of primarily Estonian archives alongside more recent parliamentary and governmental documents of this country, is not only timely but at the same time also a most enriching contribution to the literature on the issue of international straits.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49403283","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 Use of Human Voice and Speech for Development of Language Technologies: the EU and Russian Data-protection Law Perspectives","authors":"I. Ilin, Aleksei Kelli","doi":"10.12697/ji.2020.29.07","DOIUrl":"https://doi.org/10.12697/ji.2020.29.07","url":null,"abstract":"The global character of research and business related to the language-technology sector requires those producing applications of technology in this domain to comply with relevant regulation – pertaining to intellectual property, personality rights, and data protection – applicable in multiple jurisdictions. The paper reports on research aimed at evaluating and defining conditions for the compatibility of various legal frameworks for the use of voice and speech in development and dissemination of language-technology applications from the EU and the Russian data-protection regulation perspective. The research fills a gap that is of particular relevance, in that the compatibility of Russian data-protection law with the General Data Protection Regulation (GDPR) with regard to the field of language technology has not been explored extensively. The authors draw from prior research to examine the implications in greater depth, with two foci. The first part of the article addresses the legal nature of human voice and speech. In the second part of the paper, the conditions for the development of language technologies are analysed.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46234447","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}