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Informacje o czasopiśmie
Format
Czasopismo
eISSN
2029-0454
Pierwsze wydanie
05 Feb 2009
Częstotliwość wydawania
2 razy w roku
Języki
Angielski

Wyszukiwanie

Tom 10 (2017): Zeszyt 1 (June 2017)

Informacje o czasopiśmie
Format
Czasopismo
eISSN
2029-0454
Pierwsze wydanie
05 Feb 2009
Częstotliwość wydawania
2 razy w roku
Języki
Angielski

Wyszukiwanie

9 Artykułów
access type Otwarty dostęp

The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century

Data publikacji: 25 Oct 2017
Zakres stron: 1 - 34

Abstrakt

Abstract

This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.

Słowa kluczowe

  • Transnational cyber threats
  • cybercrimes
  • cyber-attack
  • cyber warfare
  • 21 century
access type Otwarty dostęp

Information Warfare on Social Media: A Brand Management Perspective

Data publikacji: 25 Oct 2017
Zakres stron: 35 - 62

Abstrakt

Abstract

Employing a perspective informed by brand management, this article aims at understanding information warfare operations in social media. The state, seen as brand, must project an image of itself to both internal and foreign audiences to unite the domestic audience and/or attract global support. However, in constructing a brand, states are vulnerable to ‘sofa warriors’ – ordinary individuals who have been unwittingly recruited by hostile actors to disseminate (over social media or other platforms) a counter-brand, harmful to the state concerned. These new threats are investigated in light of recent tendencies in online branding, elucidating their status as a national security threat, with the potential to significantly disrupt life in political communities.

Słowa kluczowe

  • Sofa warriors
  • social media
  • branding
  • security threats
  • information warfare
access type Otwarty dostęp

Cyber Attacks, Information Attacks, and Postmodern Warfare

Data publikacji: 25 Oct 2017
Zakres stron: 63 - 89

Abstrakt

Abstract

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.

Słowa kluczowe

  • International law
  • law of war
  • cyber attacks
  • information attacks
  • postmodern warfare
access type Otwarty dostęp

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

Data publikacji: 25 Oct 2017
Zakres stron: 90 - 123

Abstrakt

Abstract

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.

Słowa kluczowe

  • Judicial ethics
  • objectives of judicial ethics
  • establishment of judicial ethics
  • basic principles of the conduct of judges
  • enforcement of judicial ethics
access type Otwarty dostęp

Predatory Pricing: A Framework for Analysis

Data publikacji: 25 Oct 2017
Zakres stron: 124 - 155

Abstrakt

Abstract

One of the key principles of EU Competition law is a prohibition of the abuse of a dominant position established in the Article 102 of the TFEU. Predatory pricing is one of the forms of the abuse of dominant position. To decide whether the dominant undertaking has referred to predatory pricing it is necessary to check several elements: costs and prices of the dominant undertaking; the possibility to recoup losses; intent; and objective justifications. The Court of Justice, the European Commission and competition institutions in most member states perform extensive analysis of a relationship between costs and prices of a dominant undertaking while dealing with cases on predatory pricing. However, we believe that competition authorities should pay more attention to evaluation and to whether pricing will cause elimination of competitors and damage to consumers. This article critically reviews the framework of the analysis of predatory pricing in the practice of the Court of Justice and the European Commission.

Słowa kluczowe

  • Abuse of dominance
  • predatory pricing
  • predatory intent
  • objective justifications
  • recoupment of losses
  • pricing below costs
  • average avoidable costs
access type Otwarty dostęp

Non-Territorial Spaces of Belarusian Political Nomadism

Data publikacji: 25 Oct 2017
Zakres stron: 156 - 182

Abstrakt

Abstract

In Belarus the state systematically hinders the development of civil society. NGOs have difficulties registering, functioning and sustaining their organisations. Some individuals related to the civil sector are persecuted, fined, imprisoned. Therefore a number of NGOs are registered abroad and civil society activists move with them to continue their work on Belarusian issues. In this article we aim to define people who left Belarus in order to work for Belarus as Belarusian Political Nomads, using the notion of transnational subjectivity to explore their migration strategies.

The article is based on 15 semi-structured interviews held in London (UK) and Vilnius (LT). Interviews were analysed using the concepts of transnational subjectivities and political nomadism, and combining elements from a critical events narrative analysis approach.

People who left Belarus to work for Belarus are Belarusian Political Nomads, because they create new democratic development visions for Belarus. Their individual political motivation can stem from the critical events that were registered in this research as turning points. Informants, individual conditions, histories and life experiences influence the outcomes of these events in terms of interpretation and induced motivation to engage in civil society activities.

Belarusian Political Nomads form their migration strategies on the basis of their transnational subjectivities, which can be characterised by temporal and symbolic relations to the receiving country, and long-term intensive dissociative relations to the sending countries’ political regime, as well as a strong relationship to the new visions of Belarus.

Słowa kluczowe

  • Political nomadism
  • transnational subjectivities
  • Belarus
  • civil society
  • Belarusian civil society
  • Ranciere
  • Deleuze
access type Otwarty dostęp

Aharon Barak’s Legal Ideology in the Context of European Constitutionalism

Data publikacji: 25 Oct 2017
Zakres stron: 183 - 204

Abstrakt

Abstract

The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support.

The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak’s legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

Słowa kluczowe

  • Constitutionalism
  • the European Union
  • Aharon Barak
  • rule of law
  • human rights
  • democracy
  • liberalism
access type Otwarty dostęp

The Definition of Bullying in Compulsory Education: From a General to a Legal Perspective

Data publikacji: 25 Oct 2017
Zakres stron: 205 - 229

Abstrakt

Abstract

The definition of the word ‘bullying’ diverges based on the field of practice and research, in the absence of an agreed-upon overreaching definition. The latter would allow maximum flexibility in contributing to the variations in findings of various academic studies. Some argue that the lack of comprehensive definition is a factor of inaccuracy in estimating the prevalence of bullying itself. The ‘definition’ per se [of bullying] is in general recognized by the state law of the United States as one of the key components of any policy adopted by the states and local educational agencies, and which is required to be consistent with the definitions specified in state law. This article presents an overview of the definitions of bullying beyond the legal sphere in general as well as from a legal perspective. Special focus is dedicated to the state laws of the US as the main national jurisdiction that has adopted education law that contains explicit definition of bullying, as well as some of the aspects of defining bullying within the general and legal context of Lithuanian jurisdiction.

Słowa kluczowe

  • Right to education
  • bullying
  • definition of bullying
  • legal definition of bullying
access type Otwarty dostęp

Factors that Influence Parole Boards’ and Judges’ Decisions on Parole Application in Lithuania

Data publikacji: 25 Oct 2017
Zakres stron: 230 - 259

Abstrakt

Abstract

This article examines problems of parole application in Lithuania. The research applies a qualitative study in order to learn the peculiarities of the work and decision-making of judges and parole boards. Additionally, this study analyzes social research reports, filled out by staff in correctional facilities. This study covers as many factors influencing parole application as possible, and takes into account the peculiarities of the particular parole stages. Conclusions of this study should help theorists and practitioners see parole application from the point of view of judges and parole board members. Moreover, this work should encourage dialogue between judges, prison staff and community members not only in Lithuania, but, also in other countries.

Słowa kluczowe

  • Parole
  • social research report
  • legal factors of parole decision making
  • extralegal factors of parole decision making
9 Artykułów
access type Otwarty dostęp

The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century

Data publikacji: 25 Oct 2017
Zakres stron: 1 - 34

Abstrakt

Abstract

This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.

Słowa kluczowe

  • Transnational cyber threats
  • cybercrimes
  • cyber-attack
  • cyber warfare
  • 21 century
access type Otwarty dostęp

Information Warfare on Social Media: A Brand Management Perspective

Data publikacji: 25 Oct 2017
Zakres stron: 35 - 62

Abstrakt

Abstract

Employing a perspective informed by brand management, this article aims at understanding information warfare operations in social media. The state, seen as brand, must project an image of itself to both internal and foreign audiences to unite the domestic audience and/or attract global support. However, in constructing a brand, states are vulnerable to ‘sofa warriors’ – ordinary individuals who have been unwittingly recruited by hostile actors to disseminate (over social media or other platforms) a counter-brand, harmful to the state concerned. These new threats are investigated in light of recent tendencies in online branding, elucidating their status as a national security threat, with the potential to significantly disrupt life in political communities.

Słowa kluczowe

  • Sofa warriors
  • social media
  • branding
  • security threats
  • information warfare
access type Otwarty dostęp

Cyber Attacks, Information Attacks, and Postmodern Warfare

Data publikacji: 25 Oct 2017
Zakres stron: 63 - 89

Abstrakt

Abstract

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.

Słowa kluczowe

  • International law
  • law of war
  • cyber attacks
  • information attacks
  • postmodern warfare
access type Otwarty dostęp

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

Data publikacji: 25 Oct 2017
Zakres stron: 90 - 123

Abstrakt

Abstract

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.

Słowa kluczowe

  • Judicial ethics
  • objectives of judicial ethics
  • establishment of judicial ethics
  • basic principles of the conduct of judges
  • enforcement of judicial ethics
access type Otwarty dostęp

Predatory Pricing: A Framework for Analysis

Data publikacji: 25 Oct 2017
Zakres stron: 124 - 155

Abstrakt

Abstract

One of the key principles of EU Competition law is a prohibition of the abuse of a dominant position established in the Article 102 of the TFEU. Predatory pricing is one of the forms of the abuse of dominant position. To decide whether the dominant undertaking has referred to predatory pricing it is necessary to check several elements: costs and prices of the dominant undertaking; the possibility to recoup losses; intent; and objective justifications. The Court of Justice, the European Commission and competition institutions in most member states perform extensive analysis of a relationship between costs and prices of a dominant undertaking while dealing with cases on predatory pricing. However, we believe that competition authorities should pay more attention to evaluation and to whether pricing will cause elimination of competitors and damage to consumers. This article critically reviews the framework of the analysis of predatory pricing in the practice of the Court of Justice and the European Commission.

Słowa kluczowe

  • Abuse of dominance
  • predatory pricing
  • predatory intent
  • objective justifications
  • recoupment of losses
  • pricing below costs
  • average avoidable costs
access type Otwarty dostęp

Non-Territorial Spaces of Belarusian Political Nomadism

Data publikacji: 25 Oct 2017
Zakres stron: 156 - 182

Abstrakt

Abstract

In Belarus the state systematically hinders the development of civil society. NGOs have difficulties registering, functioning and sustaining their organisations. Some individuals related to the civil sector are persecuted, fined, imprisoned. Therefore a number of NGOs are registered abroad and civil society activists move with them to continue their work on Belarusian issues. In this article we aim to define people who left Belarus in order to work for Belarus as Belarusian Political Nomads, using the notion of transnational subjectivity to explore their migration strategies.

The article is based on 15 semi-structured interviews held in London (UK) and Vilnius (LT). Interviews were analysed using the concepts of transnational subjectivities and political nomadism, and combining elements from a critical events narrative analysis approach.

People who left Belarus to work for Belarus are Belarusian Political Nomads, because they create new democratic development visions for Belarus. Their individual political motivation can stem from the critical events that were registered in this research as turning points. Informants, individual conditions, histories and life experiences influence the outcomes of these events in terms of interpretation and induced motivation to engage in civil society activities.

Belarusian Political Nomads form their migration strategies on the basis of their transnational subjectivities, which can be characterised by temporal and symbolic relations to the receiving country, and long-term intensive dissociative relations to the sending countries’ political regime, as well as a strong relationship to the new visions of Belarus.

Słowa kluczowe

  • Political nomadism
  • transnational subjectivities
  • Belarus
  • civil society
  • Belarusian civil society
  • Ranciere
  • Deleuze
access type Otwarty dostęp

Aharon Barak’s Legal Ideology in the Context of European Constitutionalism

Data publikacji: 25 Oct 2017
Zakres stron: 183 - 204

Abstrakt

Abstract

The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support.

The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak’s legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.

Słowa kluczowe

  • Constitutionalism
  • the European Union
  • Aharon Barak
  • rule of law
  • human rights
  • democracy
  • liberalism
access type Otwarty dostęp

The Definition of Bullying in Compulsory Education: From a General to a Legal Perspective

Data publikacji: 25 Oct 2017
Zakres stron: 205 - 229

Abstrakt

Abstract

The definition of the word ‘bullying’ diverges based on the field of practice and research, in the absence of an agreed-upon overreaching definition. The latter would allow maximum flexibility in contributing to the variations in findings of various academic studies. Some argue that the lack of comprehensive definition is a factor of inaccuracy in estimating the prevalence of bullying itself. The ‘definition’ per se [of bullying] is in general recognized by the state law of the United States as one of the key components of any policy adopted by the states and local educational agencies, and which is required to be consistent with the definitions specified in state law. This article presents an overview of the definitions of bullying beyond the legal sphere in general as well as from a legal perspective. Special focus is dedicated to the state laws of the US as the main national jurisdiction that has adopted education law that contains explicit definition of bullying, as well as some of the aspects of defining bullying within the general and legal context of Lithuanian jurisdiction.

Słowa kluczowe

  • Right to education
  • bullying
  • definition of bullying
  • legal definition of bullying
access type Otwarty dostęp

Factors that Influence Parole Boards’ and Judges’ Decisions on Parole Application in Lithuania

Data publikacji: 25 Oct 2017
Zakres stron: 230 - 259

Abstrakt

Abstract

This article examines problems of parole application in Lithuania. The research applies a qualitative study in order to learn the peculiarities of the work and decision-making of judges and parole boards. Additionally, this study analyzes social research reports, filled out by staff in correctional facilities. This study covers as many factors influencing parole application as possible, and takes into account the peculiarities of the particular parole stages. Conclusions of this study should help theorists and practitioners see parole application from the point of view of judges and parole board members. Moreover, this work should encourage dialogue between judges, prison staff and community members not only in Lithuania, but, also in other countries.

Słowa kluczowe

  • Parole
  • social research report
  • legal factors of parole decision making
  • extralegal factors of parole decision making

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