Homeopathy is a non-traditional medical treatment which came to Europe a few hundred years ago and is presently attributed to the complementary and alternative medicine. Although the assessment of evidence on effectiveness of homeopathic medicinal products has been very contradictory, homeopathy in practice is the only form of alternative medicine that has received certain legal recognition. The paper focuses on the study of the legal regulation of homeopathy in the European Union and in national law. The author analyses (...) the contents of the concept of ‘homeopathic medicinal product’ and the EU legal norms on harmonisation of procedures for registry of homeopathic medicinal products in the Member States. It is concluded that the market of homeopathic medicinal products in the EU still lacks coherence and unity. (shrink)
The article concerns the claim of a handicapped child for having come into the world in a harmed state, called the wrongful life claim. The article first presents an analysis of the legal construction of a claim, which has to do with such aspects as the subject of the relationship of restitution and the legal conditions for restitution, including the problem of the legal protection of the good of the child, the cause and effect relationship, and the (...) harm. The conclusion of the analysis is that on the basis of current Polish law the wrongful life claim would be rejected as unfounded. After carrying out a legal analysis the article also considers problems of a philosophical nature to which the above claim gives rise, such as the problem of nonexistence, the problem of the right not to have been conceived and not to have been born, the problem of measuring the value of a human life, and the problem of procreative freedom and autonomy. At the end the author presents the ethical and social aspects of the claim, such as the promotion of a proeugenic and proabortion attitude, the stigmatization of handicapped children, discrimination on the basis of health, the change of the standard of medical services, and the issue of social care. These analyses lead to the conclusion of the necessity of establishing legalregulations that exclude the possibility of these kinds of claims. At the same time she postulates the strengthening of parental awareness and responsibility and the creation of appropriate legal and social structures to support handicapped children and their families. (shrink)
Although much legal scholarship discusses the meaning of the religion clauses of the U.S. Constitution, very few articles analyze the ways in which state regulation affects actors' incentives to engage in religious behavior. Yet the question of how a law influences religious behavior is important for determining whether various laws are desirable, and whether they violate constitutional constraints. This article draws on recent economic models of religious organization to analyze the ways in which laws affect the behavior of religious (...) groups. Religious groups produce collective goods for their members, and the effect of laws can be analyzed by examining how they modify the payoffs members receive for cooperating or free riding. The article examines the use of laws to establish religious groups, to subsidize them with cash or tax benefits, to provide accommodations for them, to provide symbolic support for them, to provide secular substitutes for the collective goods they produce, and to regulate disputes between members. The article also briefly discusses the constitutional implications of the analysis. (shrink)
The aim of this article is to address the regulatory framework as one of the key factors determining the success of creation of single market for renewable energy. No one could possibly argue that non-discriminative and consistent legal regulation plays a big role in the creation of a single market. Therefore, the question of legal capability to create the single market for renewable energy and the overall quality of present regulatory framework is at the centre of this article. (...) Our objective is to analyse whether the single market for energy produced from renewable sources can be created under current legal regulation of the European Union Therefore, the first part of the article analyses the competence of the European Union to regulate the renewable energy sector and division of legislative powers between the Member States and the European Union. The goal of the first part is to answer the question whether the European Union has the competence to regulate renewable energy market. The second part of the article analyses the legal framework of measures for the promotion of renewable energy production used in each Member State. The goal of the second part of this article is to answer the question – whether all renewable energy producers are in equal competitive position, notwithstanding different legal frameworks of the Member States. (shrink)
Cryptocurrencies – a new, but quickly developing concept within the sphere of finance. Opinions regarding it still differ, not only on a personal level, but also when it comes to governments. Overall the legal regulation regarding cryptocurrencies in the world is still in the formation stage. Currently the legal norms that do exist, are primarily directed towards the minimization of existing risks, especially in the field of money laundering. Though there is already no reason to doubt, that during (...) the coming years the regulation will become stricter. In some countries cryptocurrencies are outright forbidden. For example, in China, in February 2018 additions to the legislation were issues, that broadened the cryptocurrencies ban. In other countries cryptocurrencies shall be strictly regulated. For example, in Estonia, a member of EU, cryptocurrencies are fully legal. Estonia can be reviewed as a country that independently developed its own regulation in this field. Though there is no guarantee that the legislators will keep up with the quickly developing technologies. One way or another cryptocurrencies exist and are not going anywhere. The legislation that regulates them shall be developed further and they shall become a important part of the modern financial system. The level of their influence is hard to predict, things are changing too quickly, but their existence is a fact. It is necessary to remember, that that cryptocurrencies are not a magical solution or means of profit. It is a financial instrument, new, in many ways unique, with its own special drawbacks and benefits. It is important to know and understand them, also to keep an eye on the developing technologies. (shrink)
The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level (...) is limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation. (shrink)
The new scientific acquisitions are numerous and even more are their future promises. The debate on bio-technologies involves the fundamental rights of the individual and the advancements in research must merge with the supremacy of the human being on the interests both of the ‘science’ and of society at large. In the attempt to combine ‘democracy’ with techno-scientific issues, Law has turned from pure technical rules into a tool meant to fill cognitive gaps and its role is showing to be (...) not only crucial, but also innovative for legal professionals themselves. (shrink)
We address the question of the effectiveness of affirmative action agreements concluded by a regulatory body with employers in order to achieve greater equality in employment. We analyse the pattern of affirmative action agreements concluded by the Fair Employment Commission with employers in Northern Ireland between 1990 and 2000. We examine the association between these agreements and changes occurring in the religio-political composition of these employer's workforces during that period, based on a statistical analysis of monitoring data collected by the (...) Commission from employers, compared with employers that did not enter into such agreements. We find that firms reaching agreements with the Commission demonstrated significant evidence of change over the decade. We conclude that such agreements were likely to have been an integral part of the processes driving change in the Northern Ireland labour market in the 1990s. (shrink)
We have previously addressed the use of race in health care generally. Subsequent developments have made the issue even more pointed. Given the recent Food and Drug Administration approval of BiDil as a result of a clinical trial limited to participants identifying themselves as African-American, this Symposium could not be more timely as an effort to further advance the dialogue on the issue of race in medical research. While this dialogue has informed our own analysis, we believe our distinctive contribution (...) concerns the extent to which the law does and should constrain such use of race. Even in legal academic circles – somewhat notorious for considering problems of little practical significance – the issue has been given little thought. This piece, therefore, attempts to analyze extant legal regimes against the backdrop of medical and scientific developments. (shrink)
Despite the Athenians’ pronounced ideology of personal freedom , many scholars deny that they enjoyed either positive freedoms or negative freedoms, where the state could intervene as it wished, as against Sokrates for his religious views. The current essay argues that in their personal lives the Athenians were entirely free, except when speech or action materially harmed the community. A second ideology that community welfare superseded the wishes of any citizen was both universal and paramount – even for Plato’s Sokrates.
ZusammenfassungDer ärztliche Umgang mit Opiaten und Sedativa bei Patienten am Lebensende kann ethische Fragen aufwerfen. Entsprechende Entscheidungen blieben bisher in aller Regel der ärztlichen Berufskunst und -pflicht überantwortet. Heute aber gerät dieser Bereich zunehmend auch in den Blickwinkel des Rechts. Ausdruck davon sind Bestrebungen, die indirekte Sterbehilfe, allenfalls auch die terminale Sedierung gesetzlich zu regeln. Ausgehend von einer Ist-Analyse der ärztlichen Praxis sowie von bereits bestehenden Regulierungen untersucht diese Arbeit die Konsequenzen derartiger Bestrebungen. Es zeigt sich, dass der Versuch, die (...) Thematik der indirekten Sterbehilfe für sich allein, also unter Vermeidung einer Regelung der direkt aktiven Sterbehilfe, zu behandeln, zu großen Schwierigkeiten führen würde. Ernüchternd sind aber auch die Erfahrungen aus den Niederlanden, derartige Fragen im Rahmen eines umfassenden Sterbehilfegesetzes anzugehen. Insgesamt ist somit zu befürchten, dass der Versuch einer detaillierten gesetzlichen Regelung dieses Bereiches mehr neue Grauzonen und Unsicherheiten schafft, als er zu beseitigen vermag. (shrink)
In this article, we discuss current legal restrictions governing the use of race in medical research. In particular, we focus on whether the use of race in various types of research is presently permitted under federal law and the federal constitution. We also discuss whether federal restrictions on the use of race in research ought to be expanded, and whether federal policies that encourage the use of race ought to be abandoned.
Problems with religion have always been and remain one of the most important in the context of organization of state and public life.And today for Ukraine the issues of guaranteeing, full protection, protection of the right to freedom of conscience, religion, activities of religious organizations, including religious minorities are very relevant.This is due, above all, to those historical scales, the processes that have taken place during the last decade in all spheres of social life, including in the spiritual, religious-ideological plane (...) of it. (shrink)
The main aim of this research is to analyse the peculiarities of legal regulation of metrology and the problems arising in this area. The content of the article is divided into two parts. The first part of the article analyses the concept of metrology, reveals the relation between fundamental and legal metrology and accentuates problems of metrology as well as repressive means applied in the metrological procedure. The second part analyses the European Union as well as national legislation (...) regulating the implementation of metrology in Lithuania and peculiarities of harmonisation of national law with the European Union legislation. (shrink)
The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For this purpose, (...) the author analyzes the relevant provisions of the future legal regulation that are laid out in the Conception on draft amendment of the Lithuanian law on natural gas (the Conception) that was adopted by the Resolution of 19 May 2010 No. 585 of the Government of the Republic of Lithuania (the Government). The author analyses the chosen model of implementation of the Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas of 13 July 2009 and repealing Directive 2003/55/EC (Directive 2009/73/EC), and the possible negative and positive consequences of the implementation of the model chosen by the drafters of the Conception. The paper is ended with motivated conclusions. (shrink)
This article presents the dual conception of legal regulation of funding of political parties. In general, funding of political parties is considered as part of public law, however, this article explains that it also could be understood as an institute of private law. When funding of political parties is analysed not only through the conception of public law, but also taking into consideration the idea of private law, it is possible to apply different (than usual) principles of legal (...) regulation of such relations. Those principles are followed in this article in order to reveal different practical problems pertaining to legal regulation of political party funding. A conclusion is made that the legal provisions on funding of political parties form an integral system that consists of both public law and private law provisions. The relations when natural and legal persons assign property to political parties are considered as part of private law and those property relations that are based on state subsidies to political parties or other financial support by the state are the object of public law regulation. In the case of Lithuania, all such relations are regulated by the Law on Funding of, and Control Over Funding of Political Parties and Political Campaigns, which is an act of private law and also a source of public law. The legal regulation that stems from this law is supplemented by the Civil Code of the Republic of Lithuania and other related laws. The legislator, while regulating the legal relations pertaining to the funding of political parties, and the courts, when dealing with disputes related to those relations, are advised to take into consideration the general principles of civil law. It is important to point out that some legal provisions of the Law on Funding of Political Parties that are in force as of 1 January 2012 are against those principles. A prohibition for legal persons and limitations for natural persons to fund political parties should be critically considered, since those restrictions limit the possibilities for private persons to dispose their property and for political parties – to acquire it. Moreover, it is important to point out that such restrictions can be circumvented by assigning property through a third party and by other legal means. In order to avoid such cases, it is recommended to provide an opportunity for natural and legal persons to fund political parties, but with reasonable limitations for such donations. (shrink)
The wide use of the word “cloning” in public discussion could lead to a confusion in the judgement of different situations. The variety of legal regulation of cloning in Europe shows examples of these confusions. But there are some other reasons that make difficult a complete legal regulation of scientific research on cloning.
This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual fixation of performance). Analysis of (...) the Lithuanian legal regulation on performers’ economic right has shown that although Copyright Law of Lithuania in general complies with international and EU acts governing performers’ rights, four main fields of legal regulation need to be revised. Firstly, Copyright Law should provide that when concluding an agreement concerning an audiovisual fixation of his performance with a producer of audiovisual work the performer transfers his exclusive rights to the producer, the performer shall retain an unwaivable right to receive an equitable remuneration for every transferred exclusive right. Secondly, the legal definition of phonogram published for the commercial purposes should be provided in the Law on Copyright of Lithuania. (shrink)
The article analyses legal preconditions for personal identification in physical and electronic space (hereinafter – cyberspace). Analysis of legal governing of identification in physical space is followed by the analysis of the same in cyberspace. Compulsory elements of identification in physical space and compulsory and non-compulsory elements of identification in cyberspace are provided which leads to conclusions about problem aspects concerning personal identification in cyberspace and related legal governing. This scientific article consists of four main chapters. The (...) first chapter „Identity and Personal Identification“ looks into identity, its content and elements alongside with personal identification. The second chapter „Personal Identification in Physical Space“ scrutinizes legal preconditions of identification in physical space in Lithuania. The third chapter „Personal Identification in Cyberspace“ looks into elements of legally regulated and non-regulated personal identification in cyberspace and discusses identity of a person in cyberspace. The fourth chapter „Electronic Identity of a Person and Legal Regulation“ analyzes and systematizes elements of electronic identity of the person and presumes their reliability and mandatory legal governing. (shrink)
Evolutionary biology – or, more precisely, two (purported) applications of Darwin's theory of evolution by natural selection, namely, evolutionary psychology and what has been called human behavioral biology – is on the cusp of becoming the new rage among legal scholars looking for interdisciplinary insights into the law. We argue that as the actual science stands today, evolutionary biology offers nothing to help with questions about legal regulation of behavior. Only systematic misrepresentations or lack of understanding of the (...) relevant biology, together with far-reaching analytical and philosophical confusions, have led anyone to think otherwise. Evolutionary accounts are etiological accounts of how a trait evolved. We argue that an account of causal etiology could be relevant to law if (1) the account of causal etiology is scientifically well-confirmed, and (2) there is an explanation of how the well-confirmed etiology bears on questions of development (what we call the Environmental Gap Objection). We then show that the accounts of causal etiology that might be relevant are not remotely well-confirmed by scientific standards. We argue, in particular, that (a) evolutionary psychology is not entitled to assume selectionist accounts of human behaviors, (b) the assumptions necessary for the selectionist accounts to be true are not warranted by standard criteria for theory choice, and (c) only confusions about levels of explanation of human behavior create the appearance that understanding the biology of behavior is important. We also note that no response to the Environmental Gap Objection has been proffered. In the concluding section of the article, we turn directly to the work of Owen Jones, a leading proponent of the relevance of evolutionary biology to law, and show that he does not come to terms with any of the fundamental problems identified in this article. (shrink)
: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main purpose. The (...) institution of marriage contract is relatively poorly covered by academic research in Lithuania (academic papers on legal science provide only patchy analysis of these contracts); case law in the resolution of arguments originating from such contracts is also limited and thus not completely established. Despite controversial attitudes towards the purpose of marriage contract, the numbers of concluded prenuptial and postnuptial agreements increase from year to year, i.e. more and more individuals express their will to specify the content of property obligations and to define the legal regime of property. These contracts are usually concluded to avoid unpredictable division of property in case of divorce and to protect family members against possible future claims of third parties (creditors). Bearing in mind that legal provisions governing marriage contracts are subject to diverse interpretation, analysis of this institution appears timely and relevant. (shrink)
Aufgrund der Erfahrung mit der genetischen Manipulation von nicht-menschlichen Organismen, glauben wir, dass die Risiken einer gezielten Manipulation der menschlichen Erbinformation zum Zwecke der vermeintlichen Verbesserung des Menschen in absehbarer Zukunft zu hoch und die erhofften Vorteile einer solchen Manipulation zu ungewiß bleiben werden, um Eingriffe dieser Art zu rechtfertigen. In diesem Aufsatz erklären wir, warum wir meinen, dass gesetzliche Verbote solcher Experimente mit Menschen gegenwärtig gerechtfertigt wären, und warum wir gleichwohl meinen, dass solche Verbote nicht die wichtigsten Strategien zur (...) Steuerung dieser allmählich auch wirtschaftlich sehr signifikanten Forschungsrichtung darstellen. Wir argumentieren dafür, dass die Furcht vor zivilrechtlicher Haftung für die durchaus nicht auszuschließenden Schäden solcher Versuche und der bewußte Einsatz von staatlichen Forschungsgeldern nicht nur zur Entwicklung neuer genmanipulativer Techniken, sondern auch für die gründliche und unabhängige Beurteilung der Risiken solcher Techniken viel probatere und realistischere Reaktionen auf dieses neue Phänomen darstellen. (shrink)
Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
Pasibaigus Šaltajam karui smarkiai išaugęs tarptautinių konfliktų skaičius bei identifikuotos naujos grėsmės paskatino tarptautines organizacijas, tokias kaip Jungtinių Tautų organizacija (toliau – JTO) ir Šiaurės Atlanto sutarties organizacija (toliau – NATO) peržiūrėti Šaltojo karo metu taikytą jėgos panaudojimo praktiką, poreikį ir priemones reaguoti į konfliktus. Tokiomis priemonėmis kaip tik ir tapo vadinamieji „mėlynieji šalmai“, kurie Jungtinių Tautų valstybių narių yra priskiriami Jungtinių Tautų Saugumo Tarybos sankcionuotoms operacijoms vykdyti. Nors priskirtos pajėgos vykdydamos tarptautines operacijas dėvi Jungtinių Tautų simboliką, tačiau jų pavaldumas (...) savo valstybei išlieka visą laiką. Analizuodami valstybių dalyvavimo tarptautinių organizacijų sankcionuotose tarptautinėse operacijose teisinius pagrindus, straipsnio autoriai per jėgos panaudojimo prizmę analizuoja Jungtinių Tautų Saugumo Tarybos ir apskritai tarptautinių organizacijų vaidmenį sankcionuojant jėgos panaudojimą pagal Jungtinių Tautų Chartijos nuostatas bei tarptautinių operacijų vykdymo raidą. Straipsnyje taip pat detaliai apžvelgiami siuntimo į tarptautines operacijas nacionaliniai teisiniai pagrindai ir procedūros bei Lietuvos Respublikos praktika. Šis straipsnis yra skirtas visiems besidominties tarptautinėmis operacijomis ir jų sankcionavimo nacionaliniais ir teisiniais pagrindais. Straipsnio struktūra susideda iš trijų dalių. Pirmojoje šio straipsnio dalyje yra nagrinėjamas jėgos panaudojimas pagal Jungtinių Tautų Chartijos nuostatas, antroje ‒ aptariami dalyvavimo Jungtinių Tautų Organizacijos ir Šiaurės Atlanto Sutarties Organizacijos vadovaujamose tarptautinėse operacijose raida ir teisiniai pagrindai, o paskutinėje dalyje yra nagrinėjamas nacionalinis siuntimo į tarptautines operacijas reglamentavimas. (shrink)
The law of informed consent to medical treatment has recently been extensively overhauled in England. The 2015 Montgomery judgment has done away with the long-held position that the information to be disclosed by doctors when obtaining valid consent from patients should be determined on the basis of what a reasonable body of medical opinion agree ought to be disclosed in the circumstances. The UK Supreme Court concluded that the information that is material to a patient’s decision should instead be judged (...) by reference to a new two-limbed test founded on the notions of the ‘reasonable person’ and the ‘particular patient’. The rationale outlined in Montgomery for this new test of materiality, and academic comment on the ruling’s significance, has focused on the central ethical importance that the law now accords to respect for patient autonomy in the process of obtaining consent from patients. In this paper, we dispute the claim that the new test of materiality articulated in Montgomery equates with respect for autonomy being given primacy in re-shaping the development of the law in this area. We also defend this position, arguing that our revised interpretation of Montgomery’s significance does not equate with a failure by the courts to give due legal consideration to what is owed to patients as autonomous decision-makers in the consent process. Instead, Montgomery correctly implies that doctors are ethically obliged to attend to a number of relevant ethical considerations in framing decisions about consent to treatment, which include subtle interpretations of the values of autonomy and well-being. Doctors should give appropriate consideration to how these values are fleshed out and balanced in context in order to specify precisely what information ought to be disclosed to a patient as a requirement of obtaining consent, and as a core component of shared decision-making within medical encounters more generally. (shrink)
The purpose of the present discussion is to present, reflect upon, and evaluate the effective legalregulations concerning the obligation to terminate a medical experiment. The considerations made herein aim at providing an answer to the question whether the aforesaid legalregulations are clear and sufficient. The said analysis is based on the following source: The Act of 5 December 1996 concerning the Professions of General Practitioner and Dental Practitioner. The regulations concerning the obligation to (...) discontinue a medical experiment, both by the will of the participant and on the physician’s initiative, are of great importance owing to the fact that they guarantee protection of the patients taking part in the experimental study. The provisions implicitly oblige the physician to monitor the patients’ state of health and conduct constant assessment whether or not further carrying on the experiment is expedient and admissible. The legalregulations effective in Poland are explicit and sufficient. Their wording does not raise any considerable reservations. As it appears, the legislature managed to work out appropriate rules so as to minimize the danger zone for the participants of clinical tests and at the same time implement a guarantee that participants’ rights shall be respected. (shrink)
U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity (...) based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)
The article presents a geographic position of the Arctic. Legal regimes of the Arctic and the Antarctic are compared. In a geographical terms, the Arctic is part of the ocean that is covered by ice, and Antarctic is a continent covered by ice which is surrounded by an ocean. It follows that Arctic should be considered a part of the world’s ocean, which is governed by 1982 UN Convention on the Law of the Sea. Currently, a sectoral regime is (...) established in the Arctic. The article analyzes the views of international law scholars on the issue and shares an opinion of those who criticize sectoral regime of the Arctic as incompatible with international law. Yet, what principles should underpin legal regime of the Arctic? Recent scholarly writings have considered a concept of common heritage of mankind. The article discusses the concept of common heritage of mankind. In the view of the author, this concept can be applied only to specific maritime areas but not to Arctic in its entirety. The article further thoroughly discusses Russia’s practice as regards its claims regarding the continental shelf of the Arctic. Furthermore, it evaluates the grounds of Russia’s policy in the Arctic until 2020 and also examines Russia’s application for extension of continental shelf in the Arctic and the Pacific Oceans. The article ends with conclusions. (shrink)
Objectives: To analyse legislation and medical professional positions concerning the doctor’s role in assisted dying in western Europe, and to discuss their implications for doctors.Method: This paper is based on country-specific reports by experts from European countries where assisted dying is legalised , or openly practiced , or where it is illegal .Results: Laws on assisted dying in The Netherlands and Belgium are restricted to doctors. In principle, assisted suicide is not illegal in either Germany or Switzerland, but a doctor’s (...) participation in Germany would violate the code of professional medical conduct and might contravene of a doctor’s legal duty to save life. The Assisted Dying for the Terminally Ill Bill proposed in the UK in 2005 focused on doctors, whereas the Proposal on Assisted Dying of the Norwegian Penal Code Commission minority in 2002 did not.Professional medical organisations in all these countries except The Netherlands maintain the position that medical assistance in dying conflicts with the basic role of doctors. However, in Belgium and Switzerland, and for a time in the UK, these organisations dropped their opposition to new legislation. Today, they regard the issue as primarily a matter for society and politics. This “neutral” stance differs from the official position of the Royal Dutch Medical Association which has played a key role in developing the Dutch practice of euthanasia as a “medical end-of-life decision” since the 1970s.Conclusion: A society moving towards an open approach to assisted dying should carefully identify tasks to assign exclusively to medical doctors, and distinguish those possibly better performed by other professions. (shrink)
It is staggering to observe the new normal in America: 37.9 percent of adults are obese, and 70.7 percent are either obese or overweight. One out of every five minors is obese. The real tragedy, of course, is the disability, suffering, and early death that devastates families and communities. But all of society pays, with the annual medical cost estimated at $147 billion. The causal pathways are complex, but if we drill down, sugar is a deeply consequential pathway to obesity, (...) and the single greatest dietary source is sugar-sweetened beverages. The copious amount of sugar in the American diet is no accident. Industry practices and regulatory failures have fueled this explosion. Yet there are sensible, effective interventions that would create the conditions for healthier behaviors. What are the key interventions, and how can we overcome the social, political, and constitutional roadblocks? Tobacco control offers a powerful model, suggesting that success requires a suite of interventions working in concert: labeling, warnings, taxation, portion sizes, product formulation, marketing restrictions, and bans in high-risk settings such as schools and hospitals. Each intervention deserves detailed analysis, but I'm kick-starting scholarly and policy conversation by systematically laying out the major legal tools. (shrink)
The article analyses the legal, economic and other problems of the legal regulation of supervision of business entities in Lithuania and outlines solutions to these problems. The first chapter describes the present situation of the legal regulation of supervision of businesses in Lithuania. The second chapter analyses the problems of the legal regulation of business supervision that the authors consider the most important. The article concludes by offering solutions to the key issues identified.
The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or registered (in (...) case the trademark is registered). (shrink)
The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal form of (...) a company is needed. It provides the analysis of the main provisions of the proposal for the Regulation, the assessment of advantages and drawbacks of the alternatives introduced by the European Parliament and considered in the Council of the European Union, evaluation of the response of these provisions to the specific needs of small and medium-sized enterprises. The article also presents conclusions and suggestions for the improvement of the legal provisions. (shrink)
The article analyses the regulation for premature termination of the Parliament in Latvia. The introductory part of the article provides a short characteristic of the Constitution of Latvia - the Satversme adopted in 1922, and outlines the basic principles of legal regulation of the Parliament, i.e. the Saeima. Further chapters of the article analyse historic development of the premature termination of the Parliament. On 15 February, 1922, when the Satversme was adopted, only one mechanism for the premature termination of (...) the Parliament was established there: dissolution of the Saeima. However, relatively recently, in 2009, after a prolonged public discussion another mechanism for the premature termination of the activity of the Saeima was established, which was the recall.1 Both models of the termination of the activities of the Parliament are analysed in the article by specifying the principal differences between them. Along with the analysis of the provisions of the Constitution and theory, the practice of dissolution of the Saeima is characterised as well, because in 2011 the Parliament (the Saeima) was dissolved in a constitutional way for the first and so far the only time in the history of Latvia and extraordinary elections were held. (shrink)
My first chapter criticizes the prevalent understanding of offensive conduct as conduct that causes others mental distress and develops a normative view of offensive conduct as conduct that treats others without due consideration or respect. My second chapter examines the relationship between 'harm' and 'offense'. I analyze harm as a setback to an 'interest-as-claim' that reduces a person's resources or capacities to function. I argue that offensive conduct is sometimes a harm and sometimes not. ;My third chapter criticizes a majoritarian (...) 'empirical' approach to determining the relative seriousness of offensive conduct and sets out a 'normative' approach that involves judging whether people have 'good reasons' to take offense at a type of conduct. My fourth chapter examines the problems created by the role social conventions play in people's reasons for taking offense. I argue that such conventions can be morally evaluated by examining what interests of individuals they protect, and whether these interests warrant protection. Only when social conventions survive moral evaluation can they form part of a 'good reason' for taking offense. ;My fifth chapter criticizes the legal concept of a 'standard person' for inadequately considering 'non-standard interests'. I argue that 'nonstandard group interests' due to 'natural vulnerabilities' and to 'socially constructed vulnerabilities' should be routinely considered for protection under the Harm and Offense Principles. I argue that 'special cultural sensibilities' may be extended protection when special reasons are present. ;My last chapter argues that my analysis of offensive conduct narrows the kinds of conduct considered for legal protection compared to analyses such as Joel Feinberg's, and that this narrowing helps avoid the moral and political problems Feinberg's analysis creates. I argue that the compatibility of the Offense Principle with liberalism depends on the rationale one has for it and the scope one assigns it. I conclude that my understanding of offensive conduct, the rationale I have for the Offense Principle, and the limited scope I assign it, make my approach to offense more compatible with liberalism than Feinberg's approach. (shrink)
Between the world wars, Lithuanian notary practice was based on the legal acts adopted from Russia, the Kingdom of Poland, and Germany. The most important was the Russian Notary Law of 1866, which was valid in the largest part of the Lithuanian territory. This law established the so-called approval system, in which the most important acts of the notary as indicated by civil law had to be approved by the senior notary, who worked under the supervision of the county (...) court. In 1919, upon transferring this outdated system into the Lithuanian law practice, only a few provisions were corrected. In addition to the right to collect fees from customers, the notaries had a fixed state remuneration established for them. The provisions for material liability of the notaries were abolished. This withdrawal from the so-called Latin model of notary practice was corrected by the changes to the Notary Law of 1932, which declared notaries as “civil servants without wages”. Thus, starting 1932, payments from the state have been discontinued while more regulation was enforced regarding the daily activities of notaries (e.g. notaries were required to work at least six office hours). Furthermore, the provisions on material liability were revived. (shrink)
In this paper, I discuss exploitative transactions in bioethics. Examples of this kind of transactions allegedly include, among others, commercial surrogacy, organ selling, and research with human subjects in developing countries. The most problematic kind of exploitation is what Allan Wertheimer calls “mutually advantageous exploitation:” the weak party’s consent for the transaction is an effective and rational consent. Moreover, W does not suffer any harm by the transaction; on the contrary, the transaction benefits W. My aim in this paper is (...) twofold. From the perspective of individual ethics, I offer a model to understand the nature of the wrongfulness of the strong party’s action. And from the perspective of legal ethics, I suggest some reasons to believe that the prohibition of beneficial exploitative contracts is problematic and can only be justified in very exceptional cases. (shrink)
Der ärztliche Umgang mit Opiaten und Sedativa bei Patienten am Lebensende kann ethische Fragen aufwerfen. Entsprechende Entscheidungen blieben bisher in aller Regel der ärztlichen Berufskunst und -pflicht überantwortet. Heute aber gerät dieser Bereich zunehmend auch in den Blickwinkel des Rechts. Ausdruck davon sind Bestrebungen, die indirekte Sterbehilfe, allenfalls auch die terminale Sedierung gesetzlich zu regeln. Ausgehend von einer Ist-Analyse der ärztlichen Praxis sowie von bereits bestehenden Regulierungen untersucht diese Arbeit die Konsequenzen derartiger Bestrebungen. Es zeigt sich, dass der Versuch, die (...) Thematik der indirekten Sterbehilfe für sich allein, also unter Vermeidung einer Regelung der direkt aktiven Sterbehilfe, zu behandeln, zu großen Schwierigkeiten führen würde. Ernüchternd sind aber auch die Erfahrungen aus den Niederlanden, derartige Fragen im Rahmen eines umfassenden Sterbehilfegesetzes anzugehen. Insgesamt ist somit zu befürchten, dass der Versuch einer detaillierten gesetzlichen Regelung dieses Bereiches mehr neue Grauzonen und Unsicherheiten schafft, als er zu beseitigen vermag. (shrink)
The predominant trends in the European prison system are population growth and overcrowding of correctional facilities. Recently, the level of criminal offences in Lithuania has been gradually increasing. Current statistics on repeated criminal offences and forecasts of recidivating crime are also pessimistic. The large number of convicts, the negative impact of isolation, the absence of a progressive correction system, the inadequacy of existing correctional measures, and the largely formal activity of penal institutions exacerbate the problems of ineffective resocialization of convicts (...) and resulting recidivism. Thus, the situation demands an examination of effective methods for the elimination of the above detriments. The article emphasizes the need for an essential modernization of the system of resocialization of convicts in Lithuania by transforming formal measures into real ones directed at the reform of behaviour and thinking. The article discusses new corrective measures widely used across the European Union and other countries, such as evaluation of individual risk for repeated criminal offence and implementation of appropriate behaviour-correction programmes on the basis of clearly defined criteria of effectiveness. Unfortunately such measures have not been implemented in Lithuania, either de jure or de facto. (shrink)
In The legal determinants of health: Harnessing the power of law for global health and sustainable development, Gostin et al. provide a sustained account of how law can and should be used as an instrument of health promotion. We pick up on the themes of this report with a specific focus of the importance of abortion for women’s sexual and reproductive health and the impact that particular ways of framing abortion in law can have on the lives of women (...) and girls. In this short comment, we wish to emphasize that abortion regulations need to move beyond frameworks based on narrow understandings of harm towards more progressive agendas that take into account the social determinants of health in order to reduce barriers to care. This contribution is particularly relevant to the Commission’s criticism that those ‘[l]aws that stigmatise or discriminate against marginalized populations are especially harmful and exacerbate health disparities’. (shrink)