Journal articles: 'Law, baltic states'

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Lagzdiņa, D. "Baltic States ·Daiga Lagzdiņa." European State Aid Law Quarterly 21, no. 1 (2022): 99–105. http://dx.doi.org/10.21552/estal/2022/1/12.

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Kirchner, Stefan, and Medy Dervovic. "Almost Arctic?: Protecting the Baltic marine environment through international law." Strani pravni zivot, no. 4 (2021): 551–67. http://dx.doi.org/10.5937/spz65-34644.

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The Baltic Sea, the heart of the Baltic region, is one of the most polluted seas worldwide. For the countries of the Baltic region, the relative importance of the Baltic Sea varies, but all coastal states of the Baltic Sea use the sea and influence it through their manifold activities. The protection of the Baltic Sea therefore is a shared concern for the coastal states. This shared concern has led to the emergence of a specific international legal régime governing the Baltic Sea. In this text, current threats to the Baltic Sea's natural environment and the international legal measures that are taken to protect the sea are described, in particular with a view to possible improvements. Particular emphasis will be placed on the northernmost part of the Baltic Sea, the sub-Arctic Bay of Bothnia that faces particular environmental challenges.

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Driessen, Bart. "Slav non-citizens in the Baltics." International Journal on Minority and Group Rights 2, no. 2 (1994): 113–37. http://dx.doi.org/10.1163/157181194x00030.

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AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on self-determination is investigated. The de facto recognition of the Soviet annexation by most of the international community is seen as the watershed as far as the status of the Baltic states is concerned; from then on they were for all practical purposes part of the Soviet Union. Following an analysis of the applicable norms of customary international law, a scrutiny of relevant Baltic legislation is presented.

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Mälksoo, Lauri. "Soviet Genocide? Communist Mass Deportations in the Baltic States and International Law." Leiden Journal of International Law 14, no. 4 (December 2001): 757–87. http://dx.doi.org/10.1017/s0922156501000371.

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The present article deals with international law problems that have arisen in the process of legal clarification of the state crimes committed during the Soviet occupation in the three Baltic states. Following the restoration of their independence in 1991, the Baltic states have sought to establish the historical truth about the mass crimes committed during the Nazi and Soviet occupations – Estonia's International History Commission recently published its first report which is analyzed in this article. Moreover, the courts in the Baltic states have convicted deporters of 1941 and 1949 for crimes against humanity and/or genocide. By discussing different definitions of ‘genocide,’ the author attempts to answer the question whether the general context of the Stalinist mass repressions in the Baltic states permits to qualify the occupant's policy as ‘genocide.’

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Macalister-Smith, Peter. "History of International Law in the Baltic States." Baltic Yearbook of International Law Online 5, no. 1 (2005): 147–64. http://dx.doi.org/10.1163/221158905x00070.

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Klevas, Valentinas, Dalia Streimikiene, and Ramute Grikstaite. "Sustainable energy in Baltic States." Energy Policy 35, no. 1 (January 2007): 76–90. http://dx.doi.org/10.1016/j.enpol.2005.10.009.

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Karski, Karol. "‘IUS POSTLIMINII’ JAKO PODSTAWA UZNANIA CIĄGŁOŚCI PRZEDWOJENNYCH I DZISIEJSZYCH PAŃSTW BAŁTYCKICH." Zeszyty Prawnicze 14, no. 1 (December 8, 2016): 7. http://dx.doi.org/10.21697/zp.2014.14.1.01.

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‘IUS POSTLIMINII’ AS THE GROUNDS FOR THE RECOGNITION OF CONTINUITY BETWEEN THE PRE-WAR AND THE PRESENT-DAY BALTIC STATESSummaryPostliminium was applied to describe the status of a Roman citizen who was taken captive during a war and then regained his freedom. If he managed to return from captivity, then the moment he crossed the border of the Roman state, legally his rights and legal relationships were restored (though with some exceptions). This institution has become part of international law and has developed a life of its own. Hardly anyone remembers the Roman origins of many legal constructs, though they are still in force. This is the strength of Roman law. One of the examples of the application of Roman law constructs may be observed in the Baltic States, which were annexed by the USSR in 1940. Due to the change in international law which occurred at the turn of the 1920s and 30s in outcome of the Briand-Kellogg Pact, the acquisition of territory as a result of the use of military force in contravention of its provisions was no longer admissible. In 1991 the Baltic States regained their independence. By proclaiming it, they took the position that they were continuing their inter-war statehood and that all the international agreements they had concluded until 1940 were still valid. The present-day Baltic States are not regarded as legal successors of the USSR. This means that a state conforming to international law has been restored and an end put to an illegal occupation. The example of the Baltic States shows that ius postliminii is a permanent feature of the international legal order. Lithuania, Latvia, and Estonia may have lost their independence for 50 years, but subsequently they returned as states to the international community. They are regarded as identical with those states which were annexed during the Second World War by the USSR. They have been restored and continue to exercise all the rights and obligations they had before 1940.

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Alijeva, Lilija. "Left Behind? A Critical Study of the Russian-speaking Minority Rights to Citizenship and Language in the Post-Soviet Baltic States. Lessons from Nationalising Language Policies." International Journal on Minority and Group Rights 24, no. 4 (November 3, 2017): 484–536. http://dx.doi.org/10.1163/15718115-02404004.

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Minority rights protection is widely discussed in relation to diversity management stability within a state. Yet the case of Russian-speaking minorities in the post-Soviet Baltic States has been a challenging example to analyse because of the sensitivity of language issues. This article discusses Baltic States’ language policies that impact the Russian-speaking minority’s language rights, argued here to be the focal point for minority identity formation inclusion into society. While international law continues to be mostly silent regarding minority language rights, kin-states, in this case Russia, direct their interest towards its supposed kin-nationals abroad, which leads to rising levels of concerns for Baltic States’ governments because this interest has led to conflict in other post-Soviet states. This article argues that the situation in the Baltic States is unique, recommends amending domestic language policies to achieve effective minority integration, inclusion, accommodation, generating stable democratic rule.

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Jürine, Anni, Djuddah Leijen, Diāna Laiveniece, Jolanta Sinkuniene, Christer Johansson, and Nicholas Groom. "Academic Writing in the Baltic States." Educare - vetenskapliga skrifter, no. 1 (September 28, 2021): 27–37. http://dx.doi.org/10.24834/educare.2021.1.3.

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In the project Bwrite (Academic Writing in the Baltic States: Rhetorical Structures through Cultures and Languages), we aim to address the lack of an empirically grounded holistic understanding of non-Anglophone writing traditions by mapping the academic writing traditions in the national languages of the Baltic States: Estonian, Latvian, and Lithuanian. We aim to achieve this by using machine learning and other computational methods (both quantitative and qualitative) for capturing writing tradition features at scale. By identifying and studying those features, we will not only create a body of knowledge on writing tradition(s) of the Baltic States, but the project will also provide a methodological basis for studying writing traditions elsewhere.

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Canfield, Jeffrey Lee. "The independent Baltic states: Maritime law and resource management implications." Ocean Development & International Law 24, no. 1 (January 1993): 1–39. http://dx.doi.org/10.1080/00908329309545995.

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Bailey, Derek, Jaan Alver, Jonas Mackevicius, and Vilma Paupa. "Accounting law reform in the Baltic states: the initial steps." European Accounting Review 4, no. 4 (January 1995): 685–711. http://dx.doi.org/10.1080/09638189500000045.

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Miloiu, Silviu-Marian. "Editorial Foreword." Romanian Journal for Baltic and Nordic Studies 8, no. 2 (December 15, 2016): 5–6. http://dx.doi.org/10.53604/rjbns.v8i2_1.

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The current volume (8, issue 2 of 2016) of Revista Română pentru Studii Baltice şi Nordice / The Romanian Journal for Baltic and Nordic Studies (RRSBN) publishes mostly the papers presented at the Seventh International Conference on Baltic and Nordic Studies in Romania, Good governance in Romania and the Nordic and Baltic countries, hosted by the Romanian Association for Baltic and Nordic Studies and Nicolae Iorga Institute of History of the Romanian Academy, București, 24-25 November, 2016, with the support of the embassies of Finland, Latvia, Lithuania and Norway, the Consulate of Latvia to Bucharest and sponsored by Niro Investment Group. The meeting focused on good governance in Romania and the Nordic and Baltic countries as seen from a variety of angles and from the perspective of various disciplines, institutions and practices related to accountability, transparency, the rule of law, responsibility, equity, inclusiveness, participation, efficiency, human rights protection, tangible, intangible and natural heritage conservation, etc. The conference tackled concepts, issues and good practices in terms of good governance, accountability, welfare, efficiency, gender equality in the public and private sectors in Scandinavia, the Baltic States and Romania as well as the institutions called upon to fight against corruption in these countries. Historical examples of good versus bad governance were also brought forth.

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Bogdzevič, Katažyna, and Natalja Žitkevitš. "Recognition of a status acquired abroad." CUADERNOS DE DERECHO TRANSNACIONAL 14, no. 1 (March 8, 2022): 1083–98. http://dx.doi.org/10.20318/cdt.2022.6740.

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This report addresses questions of civil status recognition in Baltic states: Estonia, Latvia and Lithuania. All three states restored their independence in the early 90-ties, and since then, they have been developing their legal systems, including – private international law. With time, the relevance of private international law increases, mainly due to the increased migration. However, the doctrine of Baltic private international remains limited. This report presents main legal developments and growing case-law related to recognition of civil status. The ECHR and CJEU case law influenced to some extent, the Lithuanian courts’ case law regarding names and same-sex couples. Latvian courts continue to refuse recognition of non-Latvian spelling of names, and Estonian authorities are the most flexible in this regard. Both Lithuania and Latvia used the protection of the national language as the justification to deny granting the recognition of names acquired abroad. It occurs that all the states do not focus on developing methodologies for recognizing the civil status acquired abroad.

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Tvaronavičienė, Agnė. "MEDIATION IN THE BALTIC STATES: DEVELOPMENTS AND CHALLENGES OF IMPLEMENTATION." Access to Justice in Eastern Europe 5, no. 4 (September 26, 2022): 1–23. http://dx.doi.org/10.33327/ajee-18-5.4-a000427.

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Background: This article explores the response of Lithuania, Latvia, and Estonia to major European initiatives in the field of mediation. Accordingly, the paper examines EU attempts to foster mediation and introduces the process and the outcome of the implementation of the Mediation Directive (as the main legal instrument of setting the unified standards for mediation in the EU) in the aforementioned Baltic States. Methods: Research commenced with a review of the existing literature, followed by an analysis of mediation models currently being implemented in the three Baltic States. A comparative analysis of the models presented by the authors and a discussion of common issues and challenges enabled us to draw certain conclusions. Results and Conclusions: Throughout, the paper considers key developments in the implementation of mediation and presents an analysis of what are considered to be the main challenges that need to be addressed. This research assists dispute resolution practitioners and researchers who are interested in better understanding how different countries are implementing mediation practices and processes.

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Liiber, Ülle. "Geography Teaching in the Baltic States." International Research in Geographical and Environmental Education 9, no. 3 (July 2000): 245–52. http://dx.doi.org/10.1080/10382040008667655.

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Kużelewska, Elżbieta. "Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases." Studies in Logic, Grammar and Rhetoric 59, no. 1 (September 1, 2019): 97–109. http://dx.doi.org/10.2478/slgr-2019-0031.

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Abstract The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights.

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Valantiejus, Gediminas, and Saulius Katuoka. "Uniformity of Application of the EU Customs Law: Problematic Aspects in the Baltic States." Economics and Culture 16, no. 2 (December 1, 2019): 21–38. http://dx.doi.org/10.2478/jec-2019-0019.

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Abstract Research purpose. The EU Customs Law is a significant branch of the EU substantive law. On the basis of the Union Customs Code (UCC; Regulation [EU] No. 952/2013) and the Combined Nomenclature of the European Union (Regulation [EU] No. 2658/87 and its Annexes), it regulates the international trade of the European Union and its Member States with the third countries, in particular the taxation of the international trade operations by applying the customs duties/tariffs. However, after the adoption of the UCC, which imperatively requires all the customs administrations of the EU Member States to work as one, the problem of the uniform application of the EU customs law remains very important. Therefore, the authors analyse the practice of the Baltic States (i.e. Republics of Estonia, Latvia and Lithuania) in this area, based on the case law of the Court of Justice of the European Union (CJEU) in cases involving references to the CJEU by the national courts of different Baltic States. Design/Methodology/Approach. The authors used the thematic analysis method and the method of generalisation of professional (judicial) practice as the basis of the chosen methodology and its design. Therefore, first of all, the authors have selected the judicial cases of the CJEU (in the period from 2010 to 2018) related to a certain theme – customs duties. Second, the authors compared the practice of the CJEU in such cases, which are attributable to the relevant EU Member State in order to identify the problems of uniformity in the application of the EU customs law (specific to the different Baltic States). Finally, by using comparative insights and comparative method, the authors present proposals for the improvement of legal regulation to ensure the compatibility of national rules and practices with the EU law. Findings. During the investigation, the authors established that the problems of the uniform application of the EU customs law in the Baltic States arose in specific areas. Such areas were tariff classification of goods, determination of the origin and value of goods (in the case of Latvia), regulation of customs procedures (in the case of Estonia), customs duties and other import taxes preferences (in the case of Lithuania). At the same time, it was established that the national courts of the Republic of Lithuania were the least active in ensuring co-operation with the CJEU this area, which could have been caused by the improper national legal regulations. Originality/Value/Practical implications. The authors present (after the assessment of the experience of the Baltic States) the proposals for the improvement of both the legal regulations of the EU customs law as well as national legal regulations (in particular – in the Republic of Lithuania) to improve the areas that cause systemic irregularities of the uniform regulation of the international trade regulatory measures of the European Union. Whilst some of the similar studies were completed in the recent years (e.g. Limbach 2015), they do not provide a detailed comparative analysis of the issues that were investigated, specifically considering the situation in the Baltic States.

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Pysmenskyy, Yevhen. "Criminal offenses against morality: comparative legal characteristics of the legislation of Ukraine and the Baltic countries." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 198–208. http://dx.doi.org/10.33098/2078-6670.2021.12.24.198-208.

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Purpose. While comparing the Criminal Code of Ukraine with the criminal legislation of Baltic States (Lithuania, Latvia, Estonia), the goal is to find the best options for further development of the criminal legislation of Ukraine on liability for offenses against morality, taking into consideration current aspirations to radically update the relevant legal framework. Methodology. The comparative method is the key one for the purposes of the research. Critical comparison of the criminal law provisions of the Baltic States and Ukraine on the grounds of liability for offenses against morality has been made with reference to this method. The research also used such methods of academic cognition as: historical-legal, system-structural analysis, formal-logical, modeling. Results. Based on the study of the advantages and disadvantages of the legal framework of the grounds of liability for criminal offenses (crimes and misdemeanors) against morality in accordance with the Criminal Codes of the Baltic States recommendations for optimizing and improving the effectiveness of such rules has been developed, while taking into consideration criminal law reform processes in Ukraine. Scientific novelty. The study has revealed a number of positive and progressive legislative decisions, reflected in the Criminal Codes of the Baltic States on liability for offenses against morality. It makes possible to carry out their potential adoption in the process of further rule-making activities in Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in law-making activities to improve criminal law of Ukraine in terms of combating encroachments upon morality, as well as in research and educational process as a basis for further comparative research on liability for offenses against morality in Ukraine and other countries.

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VAN ELSUWEGE, PETER. "State Continuity and its Consequences: The Case of the Baltic States." Leiden Journal of International Law 16, no. 2 (June 2003): 377–88. http://dx.doi.org/10.1017/s0922156503001195.

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The recognition of Baltic independence in 1991 led to a number of challenges in their relationship with Russia. The legal status of large Russian-speaking minorities in Latvia and Estonia, the unresolved border questions, and the particular situation of Kaliningrad have proved to be the most pressing of these. This article tries to link these topical political issues with international law practice on state continuity. It refers to competing visions of Baltic statehood and its political and legal consequences, particularly in the context of the forthcoming enlargement of NATO and the EU.

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Izarova, Iryna. "Strengthening Judicial Cooperation in Civil Matters Between the EU and Neighboring Countries: The Example of Ukraine and the Baltic States." Baltic Journal of Law & Politics 12, no. 2 (December 1, 2019): 115–33. http://dx.doi.org/10.2478/bjlp-2019-0014.

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Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.

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Maļinovska, Kristīne. "Elements of Practices of the Baltic States in International Law: 2001." Baltic Yearbook of International Law Online 2, no. 1 (2002): 227–32. http://dx.doi.org/10.1163/221158902x00136.

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Cvelich, Michail. "Elements of Practices of the Baltic States in International Law: 2002." Baltic Yearbook of International Law Online 3, no. 1 (2003): 299–332. http://dx.doi.org/10.1163/221158903x00126.

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Birmontiene, Toma. "Health Legislation in Eastern European Countries: the Baltic States." European Journal of Health Law 11, no. 1 (2004): 77–86. http://dx.doi.org/10.1163/157180904323042371.

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Deviatnikovaitė, Ieva, Edvīns Danovskis, and Ivo Pilving. "Evolution of Administrative Justice in the Baltic States in 1918–1940." Baltic Journal of Law & Politics 15, no. 1 (October 1, 2022): 71–97. http://dx.doi.org/10.2478/bjlp-2022-0004.

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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.

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Khoma, Nataliya, and Oleksii Oleksii Kokoriev. "Compliance of the Baltic States with the Principle of Tolerance as Condition for the Development of the United Europe." Age of Human Rights Journal, no. 16 (June 14, 2021): 186–206. http://dx.doi.org/10.17561/tahrj.v16.6038.

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The article studies the compliance of democracy of the Baltic States with the principle of tolerance. The study demonstrated specific social phobias (xenophobia, migrant phobia, homophobia, islamophobia, romaphobia, etc.), hate speech and other destructive trends in the Baltic countries that contradict values of liberal democracy. The authors argue that Baltic States face similar challenges of strengthening the principle of tolerance as well as how they differ in intolerance manifestations and mechanisms of their prevention and counteraction. In the Baltic States, issues related to promotion of tolerance are claimed to be common at two levels: at the institutional level (countries do not fulfil some of the EU guidelines aimed at enhancing the principle of tolerance); at the value level (population does not accept completely liberal-democratic values that the EU advocates).

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Satkauskas, Rytis. "SOVIET GENOCIDE TRIALS IN THE BALTIC STATES: THE RELEVANCE OF INTERNATIONAL LAW." Yearbook of International Humanitarian Law 7 (December 2004): 388–409. http://dx.doi.org/10.1017/s1389135904003885.

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Satkauskas, Rytis. "One Hundred Years of Faith: The Baltic States’ Contribution to International Justice." Baltic Yearbook of International Law Online 17, no. 1 (December 20, 2020): 39–59. http://dx.doi.org/10.1163/22115897_01701_004.

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One hundred years on from the establishment of the first World Court provides an excellent occasion to assess the evolution of International Justice and its role in setting new standards of inter-State behaviour. Faith in the rule of law and international justice in the institutionalised world order by Lithuania, Latvia and Estonia was based on the public mood in the aftermath of the First World War, as well as distinctly practical security interests. Early acceptance of the Court’s jurisdiction in turn contributed to the formation of international law with three cases and interpretation by the Court of numerous rules of international law.

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Osipova, Sanita. "The Baltic States as a legal culture space within the discourse of law history processes (searching for the identity of Baltic law)." Miscellanea Historico-Iuridica 17, no. 1 (2018): 209–25. http://dx.doi.org/10.15290/mhi.2018.17.01.13.

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Ziemele, Ineta. "Elements of Practices of the Baltic States in International Law 1990 ― 2000." Baltic Yearbook of International Law Online 1, no. 1 (2001): 223. http://dx.doi.org/10.1163/221158901x00119.

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Jenisch, Uwe K. "The Baltic Sea: The Legal Regime and Instruments for Co-operation." International Journal of Marine and Coastal Law 11, no. 1 (1996): 47–67. http://dx.doi.org/10.1163/157180896x00375.

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AbstractThe Baltic Sea Region presents unique challenges for the 14 states of the catchment area. Although characterized by a great diversity of history, languages and culture there is a strong feeling of common heritage. The region is of increasing importance for the European Union. At the same time this regional sea is subject to intensive exploitation and ecological strain. Apart from man, nature and geography also add to the critical ecological situation. The legal regime is comparatively well developed. All states except Denmark have extended their territorial seas to 12 n.m. but in many narrow waters states left "high seas corridors" free in the interest of shipping lines of communication. The Danish straits represent an example of straits governed by long-standing international conventions. The elaborate system of continental shelf zones and exclusive economic zones has divided up the Baltic Sea among the nine riparian states. With a few exceptions in the Central and Eastern Baltic, mostly due to the needs of the three newly independent Baltic Republics, all maritime boundaries are settled. The regional conventions: Helsinki-Convention of 1974 on Environmental Protection, Baltic Fishing Convention of 1973 are gaining momentum or are being expanded in their scope of application. The "new" Helsinki-Convention of 1992 effectively covers all major sources of pollution. However, the fishing convention must be seen in a critical light with the constant problem of overfishing being unresolved although the institutionalization of co-operation in the fishing sector has been achieved. Together with existing legal instruments there is a network of some 15 fora at different levels of governments, regions, communities and NGOs contributing towards sustainable development.

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Gudžinskas, Liutauras. "Trends in confidence in public institutions: A comparative analysis of the Baltic countries." Politics in Central Europe 13, no. 1 (June 1, 2017): 7–33. http://dx.doi.org/10.1515/pce-2016-0020.

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AbstractThe paper focuses on the variation of institutional confidence in the Baltic countries. Within of framework of qualitative comparative framework, it employs a historical approach to detect causes of divergence of trust in rule of law institutions between Estonia vis-à-vis other two Baltic states. While it observes a range of variables that could affect the differences, it emphasises the role of political leadership during critical junctures, which might explain both why Estonia forged ahead at the outset of the post-communist transformation and most recent positive developments in the Baltic countries since the financial crisis in 2008–2010.

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Krasnyakov, Nikolay I. "Integration to General and Socio-Territorial Self-Government in the Baltic Provinces of the Russian Empire." Juridical Science and Practice 16, no. 2 (2020): 5–17. http://dx.doi.org/10.25205/2542-0410-2020-16-2-5-17.

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The article analyzes the economic and political rights of the local nobility of the Baltic territories in Sweden, when the region gradually lost its independence and the differences between local and Central government were eliminated, which deprived it of the potential for developing its own statehood. It is emphasized that the accession of the Baltic States by Peter I secured their administrative management under the previous legislation for local authorities, while the “Accord points” should be attributed to the traditional agreement of subjects and the monarch for the era. It is revealed how Catherine II’s reform of the internal administration of the region created the beginning of the practice of final elimination of the medieval “liberties” of the Baltic States. At the same time, the administrative and judicial institutions of the center were recognized as public authorities, private law was preserved, and the “rights and liberties” that were preserved did not have the potential for Autonomous fuction. The author asserts the position that with the publication of the Code of 1845 before existing privileges continued to act, however, revealed their differences in action of separate norms were allowed on the basis of General law, since Arch was established that the exception is the effect of local law and the General rule of higher legal force of state law.

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Gelazis, Nida. "The European Union and the Statelessness Problem in the Baltic States." European Journal of Migration and Law 6, no. 3 (2004): 225–42. http://dx.doi.org/10.1163/1571816043020048.

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Timmermans, W. A. "The Baltic States, the Soviet Union and the Netherlands: A Historical Note." Netherlands International Law Review 32, no. 02 (August 1985): 288. http://dx.doi.org/10.1017/s0165070x00010871.

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FEHERVARY, ANDRAS. "Citizenship, Statelessness and Human Rights: Recent Developments in the Baltic States." International Journal of Refugee Law 5, no. 3 (1993): 392–423. http://dx.doi.org/10.1093/ijrl/5.3.392.

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Mikula, Pawel. "Case law note: Consistency of ECJ Case Law: Formal Requirements in VAT Matters." Intertax 47, Issue 1 (January 1, 2019): 121–24. http://dx.doi.org/10.54648/taxi2019008.

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The Court of Justice of the European Union (ECJ or the Court) has, on many occasions, considered the question of the formal requirements under VAT law. Its approach has remained consistent and can be summarized as follows: the taxpayer’s degree of liability should not be higher solely on the grounds that the taxpayer did not fulfil a formal requirement. Member States should not condition their taxpayers’ VAT burden on the satisfaction of a formal requirement if all the related substantive conditions have been met. This approach has been persistently upheld by the three most recent judgments relating to this matter, namely the Siemens Gamesa,(RO: ECJ, 12 Sept. 2018, Case C-69/17, Siemens Gamesa Renewable Energy România SRL, formerly Gamesa Wind România SRL v. Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor, Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Administrare a Marilor Contribuabili, ECLI:EU:C:2018:703.) TGE Gas Engineering (PT: ECJ, 7 Aug. 2018, Case C-16/17, TGE Gas Engineering GmbH – Sucursal em Portugal v. Autoridade Tributária e Aduaneira, ECLI:EU:C:2018:647.) and Enteco Baltic (LT: ECJ, 20 June 2018, Case C-108/17, UAB ‘Enteco Baltic’ v. Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos, ECLI:EU:C:2018:47.) cases. This note will provide an overview of those newest decisions in light of the previous judgments of the Court.

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Olavi-Jüri, Luik, Ratnik Rainer, and Braun Magnus. "Aggravation of Risk and Precautionary Measures in Non-Life Insurance: A Tricky Scope for the Insurer?" Baltic Journal of Law & Politics 8, no. 2 (December 1, 2015): 1–45. http://dx.doi.org/10.1515/bjlp-2015-0017.

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Abstract Aggravation of risk and failure to take precautionary measures are focal issues in non-life insurance in terms of potential partial or full release of the insurer from the duty to perform. Not infrequently, it is difficult to draw a line between the aggravation of risk on the one hand, and non-compliance with precautionary measures on the other, since a particular action by a policyholder may present both situations. At the same time, the legal remedies available to the insurer regarding these two situations are different in scope. The aggravation of risk and non-compliance with precautionary measures are precisely the bases on which insurers actually reduce indemnity or refuse to compensate for damages. This article explores the differences between insurance laws in the Baltic states—specifically, the Estonian Law of Obligations Act, the Latvian Insurance Contract Law and Lithuanian rules contained in the Civil Code and Insurance Law. The article explores the differences between the Baltic states’ insurance laws and the Principles of European Insurance Contract Law (PEICL) with regard to a policyholder’s duty in relation to aggravation of risk and precautionary measures, as the rights and obligations of policyholders do change where the optional instrument is applied. The article also includes comparisons to German, Finnish and Russian insurance law.

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Dinçer, Hasan, Serhat Yüksel, Renata Korsakienė, Agota Giedrė Raišienė, and Yuriy Bilan. "IT2 Hybrid Decision-Making Approach to Performance Measurement of Internationalized Firms in the Baltic States." Sustainability 11, no. 1 (January 8, 2019): 296. http://dx.doi.org/10.3390/su11010296.

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International activities of firms contribute to environmental socio-economic development and have a positive influence on prosperity of countries. The novelty of this study is to extend prevailing theory on the performance measurement of internationalized firms by suggesting a hybrid decision-making model based on interval type 2 fuzzy sets for the Baltic states. The integrated method is defined as the interval type-2 (IT2) decision making trial and evaluation laboratory qualitative flexible multiple criteria method (DEMATEL-QUALIFLEX). IT2 DEMATEL is used for weighting each criterion of internationalized firms and IT2 QUALIFLEX is applied for ranking the Baltic states, respectively. Within this context, six different criteria are defined for ranking the internationalized firms of the Baltic states. The ranking of all three countries enable us to conclude that Estonia demonstrates the best results of internationalized firms. Meanwhile, Latvia has the worst performance of internationalized firms. The findings are useful for decision makers responsible for supportive policies focused on the research and development (R&D) and internationalization of firms. The implications for managers lie in the awareness of necessary conditions for successful internationalization. The study extends prevailing knowledge on the performance measurement of internationalized firms and provides findings on multinational companies (MNCs) in the Baltic states’ context.

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Platace, Laura. "Spiegošanas un valsts nodevības krimināltiesiskais regulējums nacionālās drošības kontekstā." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 2 (2015): 70–83. http://dx.doi.org/10.25143/socr.02.2015.2.70-83.

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Apstākļos, kad valda ģeopolitiskais saspīlējums starp Rietumvalstīm un Krieviju, un apsteidzošas informācijas iegūšanas sāncensībā aktuāli kļūst spiegošanas un valsts nodevības noziegumi. Taču kopš neatkarības atjaunošanas Latvijā neviena persona nav notiesāta par spiegošanu. Spēkā esošais Krimināllikuma regulējums ir nepilnīgs un nepietiekams, lai aizsargātu nacionālās drošības intereses, jo Krimināllikums valsts nodevību par noziegumu neatzīst, līdz ar to spiegošanas tiesiskais regulējums ir novecojis un nav piemērots pašreizējai situācijai. The geopolitical environment once again has brought tension between the West and Russia, and in this on-going informational competition such crimes as treason and espionage become topical issues. Four people have been convicted of treason in Estonia over the past six years, while in Lithuania three criminal proceedings for espionage where initiated last year alone. It is a large number for the Baltic States, considering difficulties to prove the mentioned crimes. However, no one has been convicted of espionage in Latvia since regaining of independence. In the article the author compares the existing criminal law of the three Baltic States to discover and analyse possible theoretical as well as practical problems in applying liability for acts of treason and espionage in Latvia. The author proves that the Criminal Law of the Republic of Latvia is incomplete and insufficient to protect national security interests – the Criminal Law does not “recognise” treason as crime, and the legal regulation of espionage is outdated and unsuitable for the present situation.

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Imarhiagbe, Bernard Owens, David Smallbone, George Saridakis, Robert Blackburn, and Anne-Marie Mohammed. "Access to finance for SMEs in post-socialist countries: the Baltic States and the South Caucasus compared." Journal of Small Business and Enterprise Development 28, no. 5 (June 17, 2021): 744–74. http://dx.doi.org/10.1108/jsbed-01-2021-0036.

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PurposeThis article examines access to finance for SMEs in the Baltic States and the South Caucasus countries following the financial crisis of 2007 and is set within the context of the rule of law for businesses.Design/methodology/approachThe article uses the cross-sectional dataset from the Business Environment and Enterprise Performance Survey (BEEPS) for 2009 to examine access to finance for SMEs and the court system in the Baltic States and the South Caucasus countries. An ordered probit estimation technique is used to model access to finance and the court system in the Baltic States and the South Caucasus countries. The analysis draws upon institutional theory to explain access to finance for SMEs.FindingsThe results show variations from one Baltic State and South Caucasus country to another in relation to fairness, speed of justice and enforcement of court decisions. The analysis suggests that if access to finance is not an obstacle to business operations and the court system is fair, impartial and uncorrupted, it determines the likelihood of strength in entrepreneurship. Additionally, the results show that, within the Baltic region, businesses experiencing constraints in accessing finance are more likely to have females as their top managers. However, for the South Caucasus region, there was no gender difference.Research limitations/implicationsThis research is based on evidence from the Baltic States and the South Caucasus region. However, the findings are relevant to discussions on the importance of the context of entrepreneurship, and more specifically, the rule of law. The institutional theory provides an explanation for coercive, normative and mimetic institutional isomorphism in the context of access to finance for SMEs. Coercive institutional isomorphism exerts a dependence on access to finance for SMEs. In coercive institutional isomorphism, formal and informal pressures are exerted by external organisations such as governments, legal regulatory authorities, banks and other lending institutions. These formal and informal pressures are imposed to ensure compliance as a dependency for successful access to finance goal.Practical implicationsThis research creates awareness among entrepreneurs, potential entrepreneurs, business practitioners and society that reducing obstacles to access finance and a fair court system improve entrepreneurial venture formation. This has the potential to create employment, advance business development and improve economic development.Originality/valueThis paper makes an original contribution by emphasising the significance of access to finance and a fair court system in encouraging stronger entrepreneurship. The institutional framework provides a definition for coercive institutional isomorphism to show how external forces exert a dependence pressure towards access to finance for SMEs.

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Ehlers, Peter, and Anne Christine Brusendorff. "The HELCOM Copenhagen Declaration: A Regional Environmental Approach for Safer Shipping." International Journal of Marine and Coastal Law 17, no. 3 (2002): 351–95. http://dx.doi.org/10.1163/157180802x00116.

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AbstractPrevention of pollution from maritime traffic has been a major item for the Baltic Sea States since the beginning of their environmental co-operation in the 1970s. To ensure maritime safety in the Baltic Sea region, which is well-known for its narrow straits, shallow depths and archipelago areas, the Helsinki Commission has decided on a great number of measures during the past 20 years. In the last decade maritime transportation has been growing steadily, reflecting the intensified cooperation in the Baltic Sea region and a prospering economy which also leads to growing environmental risks. This was manifested again on 29 March 2001 with the Baltic Carrier accident. The Helsinki Commission promptly reacted by holding an extraordinary meeting on the request of the Danish Government on 10 September 2001 in Copenhagen. At the meeting, the Contracting Parties, represented through the ministers responsible for maritime transportation and the environment, and a representative from the EC agreed on a package of measures, further described below.

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Vanags, A. H. "Comparative advantage and maritime transport in the Baltic States." Maritime Policy & Management 20, no. 4 (January 1993): 319–24. http://dx.doi.org/10.1080/03088839300000034.

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Liiv, Harry, and Peeter Marksoo. "The Helsinki Conventions 1974 and 1992: Implementation in the Baltic States." International Journal of Marine and Coastal Law 13, no. 3 (1998): 413–20. http://dx.doi.org/10.1163/157180898x00184.

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Mälksoo, Lauri. "The Estonian Tradition of International Law." Baltic Yearbook of International Law Online 20, no. 1 (December 19, 2022): 1–6. http://dx.doi.org/10.1163/22115897_02001_002.

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This article introduces the Baltic Yearbook of International Law volume on the Estonian tradition of international law. It interprets the comparative and translational role of the Estonian tradition of international law as a Western borderland physically close to Russia, and thematises this argument through historical examples going back several centuries. Topics discussed include the role of historical figures such as Olaus Hermelin, the 19th century legal positivists in international law, and the founders of the German Ostrecht tradition. The article also examines key Estonian positions in international law such as the role of international law in the UN, international law in cyber conflicts and other issues. One of the conclusions is that international law is an existentially important matter for small States such as Estonia, Latvia and Lithuania.

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Klevas, V., and M. Antinucci. "Integration of national and regional energy development programs in Baltic States." Energy Policy 32, no. 3 (February 2004): 345–55. http://dx.doi.org/10.1016/s0301-4215(02)00296-3.

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Miskinis, Vaclovas, Gunta Slihta, and Ylo Rudi. "Bio-energy in the Baltic States: Current policy and future development." Energy Policy 34, no. 18 (December 2006): 3953–64. http://dx.doi.org/10.1016/j.enpol.2005.09.021.

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Dudzevičiūtė, Gitana, Dalia Prakapienė, and Vida Česnuitytė. "Association between Perceptions of Personal Income and National Security: Evidence from the Baltic States." Sustainability 14, no. 12 (June 16, 2022): 7387. http://dx.doi.org/10.3390/su14127387.

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The purpose of this investigation is to explore the effect of objective and subjective personal income on perceived national security in the Baltic states, including Lithuania, Latvia, and Estonia. A representative quantitative survey was conducted in three Baltic countries in August 2021. The fieldwork was carried out by the public opinion and market research company Baltic Surveys. The sampling method in the three countries was the same: the probability multi-stage structural method, based on criteria of geographical region, size of settlement, gender, and age. The survey involved more than 1000 respondents per country. Multivariate statistical analysis, including correlation analysis and linear regression analysis was performed. The percentage distribution of the variable on the perception of safety reveals that more than half of the respondents in all Baltic countries agreed that they feel safe living in their own country. Moreover, it is notable that the feeling of safety in Estonia is higher than in the other two countries. Meanwhile, in Lithuania, the evaluation of the feeling of safety is lower than in Estonia and Latvia. The association of the feeling of safety in the country with the subjective perception of income is stronger than the objective income. Additionally, it is important to note that absence of financial difficulties, happiness with current income, and not worrying too much about spending on necessities are the strongest determinants for perceived security in each Baltic country. The findings that have been drawn from this investigation could be applied to ensure both national and economic security and the achievement of the Sustainable Development Goals 2030, such as no poverty (1SDG) and reduced inequalities (10 SDG).

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Civinskas, Remigijus, and Jaroslav Dvorak. "New social cooperation model in service oriented economy: the case of employee financial participation in the Baltic states." Engineering Management in Production and Services 9, no. 3 (September 1, 2017): 37–50. http://dx.doi.org/10.1515/emj-2017-0024.

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AbstractThe article discusses the issues of employee financial participation in Baltic states which differs and depends on political, legal and economic preconditions. The aim of the research is to analyse employee financial participation as an instrument for collaboration in companies and a new social cooperation model in the Baltic states. The qualitative research was conducted by telephone and e-mail in 2016. The interviews were carried out with the experts (academics, civil servants, lawyers and human resource consultants working in a relevant field) as well some trade union and company representatives. In general, the new policy for supporting employee financial participation has been renewed in Latvia and Lithuania. It started recently with the revision of the legislative framework that was initially established during the privatisation period. The revision of the Law of Companies was driven by the business interest (to have a new effective human resource management tool or to transfer employee share plans from parent companies in Western countries to subsidiaries in the Baltic states) to introduce (or revise, in the case of Lithuania) new employee share ownership (ESO) plans. The research has also proven that there are common similarities in the use of employee financial participation plans despite the existing differences which are based on national features, such as tax and legal regimes, historical development patterns, or economic and structural factors.

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Siems, Mathias M. "Legal adaptability in Elbonia." International Journal of Law in Context 2, no. 4 (December 2006): 393–408. http://dx.doi.org/10.1017/s1744552306004046.

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Law has to be able to respond to new or changing circumstances. This ‘legal adaptability’ may be more important than details in the ‘law as such’. However, its meaning and its significance have not yet been analysed in detail. Thus, legal adaptability will be examined in this article. It looks at the worst case scenario by discussing a fictional country (Elbonia) where legal adaptability is poor, and identifies the main adaptability criteria. By using empirical data from the three Baltic States (Lithuania, Latvia, Estonia), it also provides an example of how to ascertain the degree of legal adaptability of particular countries.

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Pacher, Andreas. "International Law and the Post-Soviet Space I. Essays on Chechnya and the Baltic States." Europe-Asia Studies 72, no. 9 (October 20, 2020): 1606–8. http://dx.doi.org/10.1080/09668136.2020.1834783.

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Journal articles on the topic 'Law, baltic states'

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