<abstract xml:lang="en"><title style='display:none'>The Role of Human Rights NGO's: Human Rights Defenders or State Sovereignty Destroyers?</title>Globalization has given opportunities to non-governmental organizations (NGOs) to emerge on the world stage as one of the central players in the processes of promotion and protection of human rights around the world. The emergence of new actors in the human rights field raises questions not only about their impact on the protection of human rights, but also their impact on the state, which for a long time has had a monopoly on deciding how to treat its citizens. The article aims to analyze the role of human rights NGOs from the perspective of state sovereignty versus/and human rights, and provide answers to the following questions: what is the input of NGOs in protecting human rights? Do their activities lead to real improvements in human rights practices within a state? What is their impact on state sovereignty? How do the activities of NGOs influence the state's authority and legitimacy? Analysis has shown that the impact of human rights NGOs on state sovereignty and human rights protection depends on many factors, such as the country's level of development, political regime, the size of human rights NGOs, etc. This leads to the tentative conclusion that human rights NGOs may be both human rights defenders and state sovereignty destroyers.</abstract>

The Role of Human Rights NGO's: Human Rights Defenders or State Sovereignty Destroyers?

<abstract xml:lang="en"><title style='display:none'>Energy Resources in Foreign Policy: A Theoretical Approach</title>This article examines which theory of international relations is best suited for the analysis of energy resources in international relations. The article suggests that realism paradigm theories might provide a useful starting point from a descriptive method in the studies of energy resources in foreign policy. The idealism paradigm downplays the strategic importance of energy resources, and suggests simplified view that statesmen are economically rational actors. Realism suggests that energy resources are power elements included in states' foreign policy when states seek to expand influence abroad. Detailed examination of classical realism, neorealism, defensive realism, offensive realism and neoclassical realism suggests that neoclassical realism allows extend the analysis of energy resources' role in states foreign policy. Interactions and variables in neoclassical realism suggest the broadest explanations and predictions.</abstract>

Energy Resources in Foreign Policy: A Theoretical Approach

<abstract xml:lang="en"><title style='display:none'>Containment and Engagement as Middle-Range Theories</title>In the studies of international relations containment and engagement are often understood as strategies of foreign policy. This article seeks to explore containment and engagement through a less frequently applied theoretical perspective: to find out what features of containment and engagement allow them to be called middle-range theories.The article presents the main features of meta- and middle-range theories, draws attention to realism as meta-theory and then distinguishes the most characteristic features of containment and engagement in order to find their matches in the attributes of middle-range theories.The article concludes that containment and engagement can be called middle-range theories, since they are power balancing theories that analyze the phenomenon from a specific point of view (individual approaches to the instruments, regions, targets), they are comprehensive, and they stay within the field of power balancing analysis.</abstract>

Containment and Engagement as Middle-Range Theories

<abstract><title style='display:none'>Abstract</title>A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.</abstract>

The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation

<abstract xml:lang="en"><title style='display:none'>Jurisdiction in International Matrimonial Matters</title>This article analyses the jurisdiction of the court in matrimonial matters. The criteria of jurisdiction, the principal of <italic>lis pendens, forum non conveniens</italic>, applicable law and the influence of jurisdiction on the outcome of the case are unfolded in the article. Matrimonial law differs from country to country. In some countries there are strict rules; in other countries there are liberal rules for divorce. In different countries there are different criteria for division of joint property between spouses, and different criteria for determining child custody. Depending on which country's court solves matrimonial dispute, there can be different outcomes to a case because each court applies its own conflicts of law rules and determines the applicable law to the lawsuit. This essay explores the peculiarities of international jurisdiction determination rules valid in the European Union, and some worldwide tendencies of international jurisdiction. As the EC Regulation does not determine one basic rule of jurisdiction in matrimonial matters, it is possible to choose from several alternative jurisdiction criteria and start a suit in the courts of several states. The essay addresses cases in which the parties can manipulate and misuse the jurisdiction criteria due to the <italic>lis pendens</italic> principle, as well as cases in which the legal certainty and legitimate expectation of spouses are infringed upon. The essay also presents particular recommendations about how to improve present legislation by incorporating case transfer mechanism or principles of <italic>forum non conveniens</italic>.</abstract>

Jurisdiction in International Matrimonial Matters

<abstract xml:lang="en"><title style='display:none'>State of Exception and Judicial Power</title>The article deals with the concept of the state of exception in judicial reasoning. Two cases from the European Court of Human Rights together with some case law of the Lithuanian Constitutional Court are examined. The author presents three examples of a possible state of exception from particular case law: i) <italic>state of emergency</italic>, ii) the concept of <italic>transitional democracy</italic> and iii) <italic>economic crisis</italic>. The primary goal of the article is to try to define the boundaries of judicial competence in dealing with the phenomenon of state of exception, which traditionally falls within the competence of executive power. The article argues that the attitude towards this problem in case law has changed a lot during the past couple of decades. Although the court usually does not question the need of Government's announcement of particular state of exception (e.g. state of emergency or economic crisis), the judiciary has attributed to itself rather large discretion to examine whether a particular "exceptional" measure is proportional. According to the examined case law, so-called "primary" human rights (e.g. one's right to life, dignity etc.) as opposed to "secondary" rights (eligibility or economic rights) are usually treated as "absolute" rights and may not be infringed upon even during a state of exception. The <italic>Ždanoka</italic> judgment is here presented, because the vulnerability of the Latvian political system was treated as a certain exception, justifying some deviation from the common standard of safeguard of one's eligibility rights. The paper also examines recent cases of the Lithuanian Constitutional Court concerning diminished social-economic rights during economic crisis.</abstract>

State of Exception and Judicial Power

<abstract>
<title style='display:none'>Abstract</title>
Corruption in the healthcare sector is one of the concepts for which it is difficult to find one universal definition or to list all possible forms. However, the scientific literature presents both various definitions of corruption and typologies of forms of corruption in healthcare system. But in the presence of great diversity, the choice of one particular classification, without evaluating it in the context of other classifications, poses the risk that certain corrupt acts may not fall under the concept of corruption. As a result, this study presents the most important elements of the concept of corruption in the healthcare sector and proposes a corruption identification plan that would allow for the identification of more complex cases of corruption in the healthcare system, while at the same time helping to select more appropriate prevention measures. The articles analyses how corruption and the forms of corruption in healthcare system are described in legal acts of selected Lithuanian healthcare institutions, in order to determine the practical relevance of improving the identification of corruption in the healthcare sector. Having determined that there is a considerable variety of definitions in the legal acts of institutions, as well as minor gaps, it can be concluded that there is a need to develop the concept of corruption in the healthcare sector. Thus, concluding recommendations include not only further attention to the issues involved, but determining simpler and clearer methods of identifying corruption in the healthcare system.
</abstract>

The Concept of Corruption in the Healthcare Sector: A Practical Analysis of Theoretical Aspects and the Lithuanian Context

<abstract>
<title style='display:none'>Abstract</title>
As the prevalence of assistive-diagnostic artificial intelligence (AI) grows, so too will the legal controversies surrounding its use continue to grow. Consequently, determining liability in cases where patients experience harm due to the use of assistive-diagnostic AI in personal healthcare services requires a re-evaluation of existing civil liability regulations. This article proposes a framework for addressing liability in these situations by exploring medical malpractice, organisational negligence by healthcare institutions, and producer liability.
</abstract>

AI and Liability in Medicine: The Case of Assistive-Diagnostic AI

<abstract>
<title style='display:none'>Abstract</title>
The original concept of soft power embraced the belief that culture, values and foreign policy practice are the basic resources upon which this type power is based. This article argues that popular national leaders can also – maybe even more so – be treated as soft power resources as their popularity and trustworthiness go hand in hand with the positive public opinion about their countries abroad. This hypothesis is tested against survey data collected from all over the globe by the U.S.-based polling institute Pew Research Center over the last two decades. The data shows a strong positive correlation between the public confidence in a leader and the view of their country abroad in almost every case that was examined. The view of a country among foreign audiences often changes with the change of its top leadership. The results of this reseach cast doubt on whether national culture and values rather than national leaders are the preeminent source of soft power of any given country in international politics.
</abstract>

Popular Leader as an Asset of Soft Power: The Ratings of National Leaders and their Countries Abroad

<abstract>
<title style='display:none'>Abstract</title>
The gender pay gap continues to exist in Estonia, irrespective of its economic and social development, since the country’s inception. Addressing the prevalence of the gender pay gap is significant in the social and economic development of Estonia, as it reflects equal opportunities and social justice in a given society. Reducing the gender pay gap helps ensure that individuals, irrespective of their gender differences, receive equitable pay for their contributions, which can result in increasing their financial security and quality of life while developing an inclusive society. This study examines the gender wage gap and sexism in Estonia and compares sexism in Estonia with Sweden, in order to understand its antecedents. The findings indicate that Estonia has the highest gender wage gap in the European Union. The findings also highlight a significant level of sexism based on societal beliefs associating women’s higher earnings with marital issues and the inability to care for their children. The study further identifies education and income and significant factors influencing the prevalence of sexism in Estonia and Sweden, providing implications for increasing education and employment opportunities for women, implementing fair pay practices, and promoting workplace equality to ensure an inclusive and empowered society in Estonia.
</abstract>

Gender Pay Gap in Estonia

<abstract>
<title style='display:none'>Abstract</title>
This article elucidates the meaning and indicators of restrictive measures applied to individuals who have committed domestic violence, as well as the peculiarities of their implementation during wartime conditions. Additionally, it provides a comparative legal characterization of restrictive measures in Ukraine in various jurisdictions based on the categorization of legal systems. The article provides the authors’ interpretation of the “restrictive measures” concept, outlining its characteristics and types, and evaluating its efficacy in Ukraine.
</abstract>

Restrictive Measures as a Way of Preventing Domestic Violence: The Experience of Ukraine

<abstract>
<title style='display:none'>Abstract</title>
Existing insights into recent defence integration, including against the backdrop of Russia’s war, largely stem from EU governance studies. Although these studies might not explicitly delve into the EU’s politico-strategic role, when combined with the broader framework of International Relations (IR), they imply the EU’s effective progression, at least relatively, as a defence actor. However, a closer analysis of certain key developments and transatlantic dynamics suggests a persistent lack in the political and strategic dimensions of EU defence policy. This disparity arises when IR concepts are tailored to fit the EU context in integration studies.
</abstract>

EU Defence Policy: Between Functionalism, National Interests, and Transatlantic Realities

<abstract><title style='display:none'>Abstract</title>This article analyzes and discusses the objectives of the sanctions implemented by the European Union against Russia and Russian countermeasures against EU member states in 2014-2015, by comparing the official aims with the options expressed in theoretical debates and experiences gained from historical lessons. In principle, the study seeks an answer to the question: what could be realistically achieved as a result of the current form of restricted sanctions and what stays beyond their reach. Methodologically, this article focuses on the evaluation of the ability of theoretical models to explain the logic of anti-Russian sanctions and debates the options of the outcomes of current formation of sanctions in light of theoretical models.</abstract>

Estonian National Defence College, Faculty of Humanities and Social Sciences, Chair of Strategic Studies (Estonia)

Tallinn University of Technology, Department of Logistics and Transportation (Estonia)

Lessons From The EU-Russia Sanctions 2014-2015

<abstract><title style='display:none'>Abstract</title>Estonia has created of itself the image of an e-state that is being supported with novel ICT-solutions, the perhaps most renowned of which is e-residency. However, created as a governmental start-up in the national best interest, e-residency could be of marginal relevance in light of global digital identity management. Purely national digital identity or an e-residency grants its holder several rights unknown to, or at least unapplied in a majority of the EU Member States and in the world more generally. But currently it lies on a vacillating legal pedestal which has resulted in copious administrative issues and proposed legal amendments already during its first year of implementation. Concerns, such as the administrative capacity of Estonia to handle potentially 10 million customers of national e-services, arise due to contingent legal footing. On this basis, efficiency of e-residency is critically analysed from the perspective of an autoschediastic regulatory framework presuming high-level administrative competence yet leaving the scope and limits of the functions of the public authorities legally unfurnished and isolated from the EU legal space.</abstract>

Jean Monnet Professor of European Law; Director of Tallinn Law School Tallinn University of Technology, School of Law (Estonia)

Tallinn University of Technology, School of Law (Estonia)

Legal Impediments in the EU to New Technologies in the Example of E-Residency

<abstract><title style='display:none'>ABSTRACT</title> The main aim of the article is to contribute to the bourgeoning debate on semipresidentialism, its definition, and its characteristic features, with analysis of the empirical example of the Czech Republic, a country which, according to Elgie´s standard definition, shifted to semi-presidentialism in 2012. The author investigates whether and how Miloš Zeman, the first directly elected president of the Czech Republic, influences relations among the key political institutions in the direction of the model of a semi-presidential democracy. The paper sets out the working concept of semi-presidentialism first and, through the lenses of process tracing, analyses the goals and acts of Zeman after he entered office in January 2013. The case study of the Czech Republic sheds light not only on the recent development(s) in the Czech political system, but it can be seen as an interesting example of how strong political personalities are attempting to expand their influence on politics in a parliamentary democracy and what the possible limits of this effort are.</abstract>

Is the Czech Republic on its Way to Semi-Presidentialism?

<abstract><title style='display:none'>Abstract</title>The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.</abstract>

Cyber Attacks, Information Attacks, and Postmodern Warfare

<abstract><title style='display:none'>Abstract</title>Given Winston Churchill’s influence and achievement as a writer, historian, adventurer, soldier, artist, and politician, his participation in the European integration process is crucial to understanding the entire scope of the project in its origins. Churchill was a fundamental voice promoting the Franco-British Union, a promoter of the European Communities, and an active participant of the Congress of Europe, embryo of the Council of Europe. This article analyzes Churchill’s view of European integration through his political speeches, in particular those delivered in Zurich and in The Hague, his ideas about the League of Nations and the United Nations, his understanding of the British Empire, and the special relations between the UK and the USA. His participation in the process of uniting Europe in its early stages provides us with essential information about the original plans for the creation of a united Europe and understanding the traditional British approach to the EU, including the current position of the conservative government led by Cameron.</abstract>

Tallinn University of Technology, Tallinn School of Economics and Business Administration (Estonia)

Tallinn University of Technology, Tallinn Law School (Estonia)

Winston Churchill And The European Union

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Baltic Journal of Law & Politics

A Journal of Vytautas Magnus University

Baltic Journal of Law &amp; Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the...

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Baltic Journal of Law &amp; Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of...