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When relations of citizenship are regulated, it is very important to assess new actual situations, as well as the latest needs of society and the state and to react to them adequately. It is important that the Law on Citizenship defines which persons are citizens of the Republic of Lithuania, and in what situations a citizen of the Republic of Lithuania may be also a citizen of another state, since citizenship is not only a formal legal category, but it is also always inseparably related with the issues of sovereignty, national identity, political order, and the rights and freedoms of persons. While regulating the citizenship relations from the restoration of the State of Lithuania in 1918, the view was upheld that, as a rule, a citizen of Lithuania may not also be a citizen of another state at the same time, and that dual citizenship was allowed only in individual cases established in the law. The development of legislative regulation of citizenship after the 1992 Constitution entered into effect shows that legislation gradually widened the circle of persons who were allowed to be citizens of the Republic of Lithuania and of another state at the same time. In 2006, when a legal dispute arose regarding the compliance of some provisions of the Law on Citizenship with the Constitution, the Law on Citizenship used to contain the legal regulation whereby the absolute majority of citizens of the Republic of Lithuania, regardless of where they lived - in Lithuania or another foreign state - were allowed to be citizens of another state at the same time as well. By its ruling of 13 November 2006, the Constitutional Court recognised such legal regulation as being in conflict with the Constitution. If the legislator were really committed to following the provision that dual citizenship may be a widespread phenomenon - and this would be so if, alongside the cases specified in the draft Law on Citizenship, one would provide that also the persons who left Lithuania after 11 March 1990 are allowed to have dual citizenship—it would be necessary to correspondingly amend the provisions of Article 12 of the Constitution. This can be done by referendum only. No matter how the legislative regulation of the relations of citizenship of the Republic of Lithuania will be amended in the future, one must pay heed to the provisions of the Constitution, including those which entrench equality of rights of all persons and non-discrimination on grounds of ethnicity.
Tanel Kerikmäe, Arnoldas Stramskas and Andrius Martinkus
This article contains three book reviews. The reviewed books are: The Politics of Encounter: Urban Theory and Protest under Planetary Urbanization (2013) by Andy Merrifield; Elections to the European Parliament as a Challenge for Democracy, European Integration and Democracy Series Vol. 2 (2013), Eds. Elżbieta Kużelewska and Dariusz Kloza; and, Transformations in Central Europe between 1989 and 2012: Geopolitical, Cultural, and Socioeconomic Shifts (2012) by Tomas Kavaliauskas.
On International Transaction Law: Current Trends and Challenges from a Latin America Perspective
During the last decade of the twentieth century, international transactions that involve the movement of capital throughout the world achieved unprecedented frequency of usage. The consequences of this were felt at international and national levels. On the international level there was a creation of a great amount of Bilateral Investment treaties (BIT) between states that regulate and provide substantive norms as well as dispute resolution mechanism that bring out enormous numbers of unarticulated arbitral decisions. On the national level, many states modified national legislation to attract foreign investment. These modifications created a complex system that regulates international transactions. However, during the last years there have been two trends in investment among developing countries: one that supports the current legal framework, and another that seeks to find a new ordering of the field. The present article will explore these trends from the Latin America experience by analyzing how this law evolved in the region by studying the structure of the investment regulation of the main integration processes, and finally, by formulating a new understanding of the way that this type of law should be interpreted while dealing with sensible issues.