Teisės apžvalga / Law Review 2012, nr. 1(8)

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  • Publication
    Civil liability of internet service providers for transmitted information: problems and perspectives of legal regulation
    [Interneto paslaugų tiekėjų civilinė atsakomybė už trečiųjų asmenų perduotą informaciją: teisinio reglamentavimo problemos ir perspektyvos]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2012, nr. 1(8), p. 57-99
    With the unprecedented development of the Internet the role of Internet intermediaries that give access to, host, transmit and index content originated by third parties or provide Internet-based services to third parties have grown over the recent years. These entities provide services through both wired and mobile technologies. Internet access intermediaries, hosting and data processing providers create a platform for new, faster and cheaper communication technologies. They also contribute to innovation and productivity gains, provision of new products and services. Furthermore, Internet Service Providers (ISPs) create circumstances for expanding global freedom of expression. However, such a broad proliferation of Internet possesses major threats to privacy protection, copyrights and also helps to spread various sorts of illegal information. The evaluation of the necessity and scope of the legal responsibility of ISPs for the information transmitted through their networks by third parties and introduction of the conceptual model of mechanisms and principles which could form a background for global unified system of civil liability ascription is the main aim of this article. [...]
      487  134
  • Publication
    Does the use of predator drones to carry out targeted killings in a foreign state‘s territory in response to armed attacks by non-state actors violate international law?
    [Ar nepilotuojamų lėktuvų naudojimas užsienio šalių teritorijoje, kaip atsakas į nevalstybinių subjektų ginkluotas atakas, prieštarauja tarptautinei teisei?]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2012, nr. 1(8), p. 25-56
    In developing the idea of the just war Hugo Grotius, develops certain natural rights, of which the most important is that it be lawful to kill him who is preparing to kill. Hugo Grotius formulation of self-defense understandable as a broad right of preemption which justifies the use of force against states that are preparing to kill. More than a century later, Emmerich de Vattel expands Grotius concept of self-defense allowing preemptive force to prevent evil. However, the Grotius and de Vattel’s statements and arguments were made before Westphalia peace (1648) when there was no sovereignty concept. Nevertheless, in a recent past there are numerous historical examples were anticipatory self-defense has been used and it’s usage recognized by international community. The lack of treaties and protocols governing the use of unmanned robots on the battlefield presents debates among international legal scholars. Therefore, it is necessary to assess whether the use of force in response against attacks promulgated by non-state actors is compatible with the principles of Ius ad bellum, such as proportionality, necessity sovereignty and liability of the entity. In recent years, the United Nations Security Council characterized international terrorism in general as one of the most serious threats to international peace and security. However, charter's language suggests that it only regulates the use of force between states therefore an armed response to a terrorist attack will almost never meet parameters for the lawful exercise of self-defense. Instead terrorist attacks are generally treated as criminal acts because they have all the hallmarks of crimes. The drone attacks involve significant firepower—this is not the force of the police, but of the military. [...]
      119  149
  • Publication
    Piktnaudžiavimas taikytinos teisės kolizinėmis normomis
    [Misuse of conflict of law rules]
    research article ;
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2012, nr. 1(8), p. 5-24
    Conflict of law rules differ from state to state and therefore can encourage persons to evade those conflict norms to achieve the better law or better court. The main purpose of European Community legal tools for private international law is to ensure the same rules for all the member states in order to achieve proper functioning of judicial area. But the unification of law in European Community doesn’t cover all fields and therefore exists possibilities for law shopping. Law shopping and forum shopping can develop into evasion of conflict norms and in such a case it's against the basic principle of law - that no law can arise from illegal action. Article analyses legal consequences for persons who evade conflict of law norms. Authors analyses the concept of law shopping, forum shopping and evasion of law. The definition of law shopping and forum shopping are ambiguous. On the one hand, person can choose more appropriate law for legal purposes and for legal reasons. On the other hand, when person is trying to choose the law or the forum only for not legal reasons (to achieve economic benefit, to frustrate proceedings, to evade general rules of law, to evade legal outcomes), then forum shopping and law shopping is unacceptable and it develops into evasion of law, which can't be the compatible with law. Article analyses cases when persons has right to chose applicable law and forum and emphases situations when choice is not acceptable. If the person or legal relationship has subjective connection with more than one country, person can choose conflict of law rules. The definition of connecting factor and criterions in the conflict of law rule can differ, because different states understands and applies such principle as domicile, habitual residence and interpreters such definitions as main contract obligation different. [...]
      417  166
  • Publication
    Impact of the EU financial regulatory and supervision reform to the development of the fundamental principles of Lithuanian financial markets regulation
    [ES finansų reguliavimo ir priežiūros reformos įtaka pagrindinių Lietuvos finansų rinkų reguliavimo principų vystymuisi]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2012, nr. 1(8), p. 100-135
    Lithuania`s financial sector is the most important part of the country`s economy and from it`s successful operation depends the rest market success. The main mission of the financial sector is to serve the real economy by funding companies and their projects. The last global financial crisies highlighted the fundamental problem of financial markets – financial market participant rather than carry out its main function, they focus on short term goal and short term profits. The consequenses of an crisis were felt around the whole world and highlighted the need to take immediate action, thereby enhancing, the European financial regulation and supervision. The core principles of ongoing reform is transparency, accountability, supervision and crisis prevention and management. Taking the fact, that EU law is directly applicable to the Member States,into account, there are no questions that this reform will affect the Member States‟ financial sector, but there are also natural questions, how they will impact the development of the fundamental principles of the Lithuanian financial market regulations. Objective regulation of each legal system, especially in finance, is associated with clearancy, transparency and efficiency, what leads to the result that in order to achieve the objectives, everyone has to be accountable to the responsible authorities. In the process of the reform, there had been established two responsible supervision authorities, whose main target was to ensure the macro and micro prudential regulation and supervision at the EU level. Their recommendations and warnings will have binding power to the Lithuanian responsible supervision authorities. This fact will have direct impact to the later development of the conception of the fundamental principles of Lithuanian financial regulation.
      104  135