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The Etheral plane of EU decision-making: the relationship between the European Council and the rule of law during the Eurozone and refugee crises
2018
This paper aims to identify whether the European Council has respected the general principle of the rule of law during the actions taken during the Eurozone and refugee crises. The research is structured in three parts: first, a detailed overview of the intuitional formation of the European Council since its origins to the present day, with a closer look at the competences provided for by the Lisbon Treaty. Second, an analysis of the decision-making process of the European Council through the Eurozone and the refugee-management crisis, with more emphasis and detail dedicated to the second one, being far less researched that the first one.
Uncertainty under Norway’s claimed exclusive rights over the Snow crabs in the Archipelago of Svalbard
2019
This thesis explains the legal framework in the Archipelago of Svalbard with an emphasis on the Loophole area. The author will answer the question on what is regulating the Svalbard archipelago and can Norway claim exclusive rights over snow crab. Snow Crab as a resource residing also in the Loophole area has already attracted attention and brought two fishing ships before the Supreme Court of Norway. This thesis explains how the situation has evolved by giving the historical background of the area of Svalbard, provide an overview of the current legal framework, lastly, a case law analyses.
Separate and dissenting opinions: their role in the practice of the ICJ
2019
The purpose of the thesis is to draw attention to the significance of the individual opinions in the practice of the International Court of Justice. The author aims to define the actual role of individual opinions in the system of work of the International Court of Justice by means of analyses of individual opinions appended to the Court’s judgements, rendered under contentious and advisory jurisdiction of the Court. In this thesis possible solutions proposed of how the existence of individual opinions should be regulated in the basic documents of the International Court of Justice.
The status of the right to secession in international law within the context of the conflict between the principles of self-determination and territo…
2020
The principles of self-determination and territorial integrity are some of the most important norms in modern international law, enshrined in the UN Charter and numerous subsequent sources of law. However, in practice, the two come in conflict when a minority group’s desire for complete self-determination in the form of secession confronts the territorial inviolability of the state within which that group resides. This paper seeks to answer how such a situation is managed by the international community through examining the status of a right to secession in international law. It is a concept surrounded by much controversy, however, in the contemporary international arena, where secessionist…
International consequences of the activation of Title III of the Helms Burton Act
2020
In May 2019 the U.S. government activated the Title III of the Helms Burton Act. Title III grants U.S. nationals whose property was expropriated in Cuba after the 1959 revolution a private right of action against those who traffic in their property. The purpose of the thesis is to analyze the legal, political, economic and social consequences of the activation and its incompatibility with international law. The study therefore examines expropriation rights, state immunity from jurisdiction and the extraterritorial application of U.S. laws. Analytical and applied legal research has been conducted by evaluating primary and secondary sources of law such as national legislation, treaties, inter…
Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…
2019
There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…
Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany
2020
Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…
Challenges of free data flow between the EU and US: can EU-US privacy shield ensure co-operation?
2020
The following thesis aims to provide an insight into the way US and EU data protection regulations compare to each other and how those can harmonized in the future with an idea to make it easier to understand how cross-country business might operate in this environment and whether there could be any harmonization opportunities to provide less burden on businesses in trying to comply with different laws across Atlantics. The research question of the thesis therefore is “Is current framework for data transfers between EU-US relevant and stable for future challenges in data protection field?” and “If not, then how two legal systems can be better harmonized based on the analysis of both of them…
Data as an asset in an insolvency procedure
2021
When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…
An analysis of the liability rule in Latvia in case of a transfer of an undertaking in the context of freedom of contract principle
2018
The objective of this Thesis is to answer whether Article 20 of the Commercial Law of Latvia is compatible with freedom of contract principle. Chapter 1 analyzes the limitation put on freedom of contract principle in case of a transfer of an undertaking set in Article 20 and the purpose of such limitation. Chapter 2 analyzes the way freedom of contract principle manifests in contemporary legal framework, both in Latvian normative acts and European Contract Law. Thesis concludes that Article 20 is incompatible with freedom of contract principle. Considering that freedom of contract, while a component of fundamental, is not an absolute right, the existence of the limitation on freedom of cont…