RJA Bakalaura darbi / RGSL Bachelor Thesis

Permanent URI for this collection

https://dspace-dev.lu.lv/handle/7/1059

Rīgas Juridiskās augstskolas studentu bakalaura darbi (kopš 2018.gada).

Browse

Now showing 1 - 20 of 253

Defamation: criminalization of freedom of expression
(Riga Graduate School of Law, 2018) Gūtmane, Laura; Kollmar, Christy L.; Riga Graduate School of Law
The right to freedom of expression, as guaranteed by the Article 10 of the European Convention of Human Rights, is one of the most fundamental elements for the perseverance of democracy and further development of the society. However, the significance of the same degree is also afforded to the right to private life and reputation, which can be found to be protected by the Article 8 of the respective Convention. This thesis will argue that particularly these two rights have to be balanced out in order to create a comprehensible law that is able to efficiently tackle defamation, while at the same time not disproportionately restrict the free flow of information and ideas.
Opportunities of agency in determining deduction of customs value
(Riga Graduate School of Law, 2018) Bankovičs, Kārlis; Norenberga, Zane; Riga Graduate School of Law
This paper examines the agent`s importance in international trade regarding the deduction of customs value. The conclusion of the research confirmed that there is a legal basis for computing deduction on the customs value when the buyer`s agent is involved in the expenses of goods transportation and insurance. The buyer`s agent can be beneficial for the principal by taking the costs of transportation and insurance on himself thus resulting in smaller customs valuation. Therefore, smaller amount of taxes will be applicable to the goods imported resulting in less amount paid in taxes. In addition, another conclusion was made that each state has too much power to dictate the agency laws thus it makes confusion and fragmented laws on the international level.
Limitations for the conferral of fiscal competences emerging from the rule of law and the principle of democracy
(Riga Graduate School of Law, 2018) Rozenšteina, Madlēna Melinda; Selga, Ēriks Kristiāns; Riga Graduate School of Law
This research is aimed at answering the question of whether the conferral of fiscal competences necessary to facilitate further integration of fiscal policies in the European Union is possible in the light of the current state of affairs in Europe. Accordingly, the hypothesis that is tested is that the conferral of fiscal competences would not be possible as a respect for the rule of law and the principles of democracy require that such a reform, in most countries, must gain the support of the public through a referendum, which may be difficult to pass due to prevailing public sentiment on the issues involved. The research affirms the hypothesis and establishes that it would be unlikely to facilitate the necessary reforms mainly due to the current political environment of the European Union.
Efficiency of international humanitarian law in protection of journalists during armed conflicts
(Riga Graduate School of Law, 2018) Vecvagare, Tīna; Miļūna, Ieva; Riga Graduate School of Law
The thesis aims to determine what are the factors hindering efficiency of international humanitarian legal frameworks in place for the protection of journalists which have a vital role in a democracy during armed conflicts. Research examines the distinctions which determine the protection granted by the IHL to journalists during armed conflicts and deals with the efficiency of legal frameworks in place for the protection of journalists during armed conflicts.
Liability of Internet intermediaries as an obstruction of the freedom of expression
(Riga Graduate School of Law, 2018) Šapovalovs, Martins; Miļūna, Ieva; Riga Graduate School of Law
The thesis looked upon the current legal regime established by the European Court of Human Rights with regard to the liability of Internet intermediaries for user-generated commentaries and examined how detrimental it is to the freedom of expression. The aim was to find legal, economic and social imperfections of the current state of affairs and propose theoretical solutions. The case Delfi AS v. Estonia was taken as a reference point since it was the first time the ECtHR addressed this particular issue.
(Un)Just war: assessing the legality of the Saudi Arabian-led intervention in Yemen
(Riga Graduate School of Law, 2018) Apele, Annija; Miļūna, Ieva; Riga Graduate School of Law
The multi-faction civil conflict in Yemen gained an international status on March 26, 2015 when a coalition led by Saudi Arabia intervened at the request of the internationally-recognized Government of Yemen (GoY) to restore its authority and control after the Houthi rebels captured the Capital city Sanaa. However, the intervention was not commenced upon the authorization of the United Nations Security Council (UNSC). Instead, the GoY and the Coalition states invoked a twofold legal justification – (1) the intervention was launched following an invitation by the GoY, and (2) it constitutes an exercise of Yemen’s right to collective self-defense. The aim of this thesis is to put these two justifications to test by posing the following research question - does the Saudi Arabian military intervention in the ongoing civil war in Yemen comply with the jus ad bellum principle, as codified in international law?
The justifiability of France's 'burqa ban', considering the limitation clauses of Article 9 of the European Convention on Human Rights under European Public Order
(Riga Graduate School of Law, 2018) Kvedova, Dženeta; Ravindran, Aravamudhan Ulaganathan; Riga Graduate School of Law
This thesis analyzes prohibitions on wearing the burqa (commonly referred to as “the burqa ban”) within the context of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The main objective of this thesis to, considering the rule of law, identify any legal issues with the burqa ban, as well as evaluate the judicial application and the legal intricacies within the limitation clauses enshrined under Article 9(2) of the Convention.
Private military and security companies: claiming state responsibility under Article 4
(Riga Graduate School of Law, 2018) Petrovs, Valērijs; Miļūna, Ieva; Riga Graduate School of Law
The aim of the thesis is to analyse the efficacy of Article 4 as revealed in the 2001 International Law Commission’s, Articles on the Responsibilities of States for Internationally Wrongful Acts and as applied in cases of wrongful conduct by private military and security companies whilst under contract with a State; particularly classifying a private company and its personnel as ‘State organ’ for the purpose of attributing responsibility for wrongful conduct to the contracting State.
The conflict between the right to self-determination and the principle of territorial integrity. Ways to the solution from international law and practice
(Riga Graduate School of Law, 2018) Gorjunčiks, Romāns; Tralmaka, Ilze; Riga Graduate School of Law
The thesis aims to find possible solutions for the conflict between the the principle of territorial integrity and the right for self-determination. The paper divides the problem in internal, looking to find solutions within the state borders and thus preventing the struggle with territorial integrity and external, when nation seeks to secede from the state.
Allotment of tax advantages related to personal and family situation of cross-border workers in the European Union
(Riga Graduate School of Law, 2018) Udodova, Anna; Ozoliņš, Mārtiņš; Riga Graduate School of Law
The aim of the thesis is to examine which EU Member State has the obligation to provide cross border worker with tax advantages related to a personal and family situation in the European Union and whether Schumacher doctrine is still an effective and appropriate solution in determining the responsible State. One of the main goals of the EU is an open internal market without trade barriers. This objective allows nationals of the Member State to move freely within the European Union without extra taxation or requirements. In order to achieve this goal, Member States shall unite in removing obstacles to the free movement that still exist, mostly due to the various national tax provisions which are not harmonized at the EU level. One of the obstacles that prevent an employee from making a choice to work in another Member State is a failure in obtaining tax benefits in the country of work.
The relationship between leniency statements and disclosure of evidence under EU competition law
(Riga Graduate School of Law, 2018) Leiboma, Laura; Kollmar, Christy L.; Riga Graduate School of Law
The Directive 2014/104/EU also called the Damage Directive 2014 is the first legally binding legislation harmonizing the rules of damage action brought against an undertaking that has infringed EU competition law. Considering the underdevelopment of private enforcement of EU competition law, the objective of the Directive is to improve the situation by ensuring legal certainty and equality for the claimants across the Union. At the centre of the paper is Article 6(6) of the Damage Directive 2014 that denies national courts the right to order competition authorities to disclose leniency statements – an immunity from a public fine to the first cartel participant who voluntarily gives competition authority the evidence on the existence of a cartel and other participants. The aim of the research is to understand the main problem with each enforcement system, i.e. problem with detecting cartels and information asymmetry for claimants in damage cases.
Employers rights to require employees criminal conviction background information
(Riga Graduate School of Law, 2018) Purmale, Elīza; Vladimirova-Krjukova, Anna; Riga Graduate School of Law
The thesis aim is to analyse European Union’s legislation regarding personal data processing and cases when such data can be issued to third parties. The research focuses on the human rights law in the context of personal data protection and personal data protection acts and includes European Union’s case law analysis, as well as French and Latvian legislation comparison in regards to individuals criminal background information accessibility to third parties, specifically to employers.
Legal aspects in dealing with the consequences of immigration and integration on Latvian labour market.
(Riga Graduate School of Law, 2018) Riņķe, Patrīcija; Selga, Ēriks Kristiāns; Riga Graduate School of Law
This thesis considers the field of migration as the main subject of this study because during all times it has been a very topical issue raised in the society. It is a very wide and still open-to discussions topic. During the history of migration to nowadays, many people have considered it as a huge problem with all the afterwards arising problems concerning many areas, including economics, demography, political and social issues. Nevertheless, studies show that worldwide migrants have grown to comprise 3% of the whole world population. Thus, it is necessary to shed light on the consequences it causes for the society and economy. Therefore, the aim of this work is to analyse the consequences of migration on the labour market in Latvian and come up with recommendations how legislative frameworks could be improved in order to mitigate negative consequences caused by migration.
The Oil Major Approval of tanker vessels and its’ effects on charter-parties in relation to claims against ship-owners
(Riga Graduate School of Law, 2018) Valpīters, Roberts; Llorente Gomez De Segura, Carlos; Riga Graduate School of Law
The Oil Major approval of tanker vessels is an essential part of the daily commercial transactions that are conducted by oil tankers across the globe. Without the Oil Major approval, it is highly difficult for the vessels to profitably trade oil, and in cases the approval is lost, it may cause issues of liability from the ship-owners part, towards the charterers subject to charter-party. The Oil Majors and other lesser oil companies have established a unified system that allows them to regulate the quality of the vessels and oil that is being traded in the international markets, in order to ensure uniform standards and quality among all merchants. The thesis aims to analyze the approval of tanker vessels by the Oil Majors, and the related process and formalities, according to the available case law.
CJEU and Qualification Directive
(Riga Graduate School of Law, 2018) Klimanova, Linda; Selga, Ēriks Kristiāns; Riga Graduate School of Law
The aim of the paper is to analyse how and in what situations the Court of Justice of the European Union applies and interprets international law and what margin of appreciation it leaves for national courts when applying the Qualification Directive. The main focus is on the exploration of the strategies of the Court towards Convention and Qualification Directive in asylum cases related to terrorism and public security.
Remedial secession as a federal phenomenon
(Riga Graduate School of Law, 2018) Bukēviča, Diāna; Miļūna, Ieva; Riga Graduate School of Law
The research is specifically focused on federal states since their system of governance illustrates a symbiosis between the classical state paradigm and the autonomy of its subjects. In particular, it is argued that peoples inhabiting respective federal units possess a right to remedial secession due to the fact that the whole existence of the state who claims authority over them is based upon the consent of those peoples to give up a certain portion of autonomy to the sovereign. In this case, a remedy for an unauthorized exercise of state power should in a normative sense be provided by federal constitutional law. For the purposes of this research, four case studies of secession of federal units are selected as exemplary state practice in the case of gross human rights violations: Bangladesh, Chechnya, South Carolina and Kosovo. While circumstances of each case provide for different criteria to be met for the secession to qualify as remedial, a number of prevalent features appear throughout all four cases. Specifically, remedial secession calls for existence of a humanitarian crisis that has emerged from systematic human rights violations at different levels and a clear breach of competence to exercise authority by the federal sovereign.
From Directive 95/46/EC to the General Data Protection Regulation: addressing the potential harm to data subjects' rights arising from personal data collection and data analytics
(Riga Graduate School of Law, 2018) Krēķe, Elvīra; Selga, Ēriks Kristiāns; Riga Graduate School of Law
This work highlights the issues of personal data collection and its use in data analytics by analyzing the potential harms to individuals rights’ arising from personal data collection and data analytics and comparing the findings with the newly developed General Data Protection Regulation, and whether the new Regulation effectively addresses the existing issues. The topic for the Bachelor thesis has been chosen due to its relevance, namely the introduction of the new General Data Protection Regulation, which fully is to be enforced in the 25th of May, 2018. The reason behind the development of the new regulation is the Directive’s 95/46 inability to address current issues which are to be faced in regards to personal data protection.
Illegal Latvia. Methods of intellectual property right enforcement in times of peer-to-peer file sharing
(Riga Graduate School of Law, 2018) Sīlis, Georgs; Selga, Ēriks Kristiāns; Riga Graduate School of Law
The paper is intended to provide an analytical understanding as to why Latvia is the top country in the world for the percentage of the internet population that are considered pirates, i.e., internet users who acquire copyright protected works (music, audiovisual, and software) from unlawful sources, such as peer-to-peer (P2P) networks (torrents), streaming and direct downloads, and what in turn can be done to combat this in lieu of Court of Justice of the European Union of June 2017 judgment in Stichting Brein v Ziggo BV and XS4All Internet BV, which finally gave a European-Union-wide (EU) ruling on whether torrent websites violate copyright law in the sense of “communication to the public” - an exclusive right of copyright holders as defined by the Information Society Directive of 2001. The court ruled that torrent websites do indeed violate copyright law and as such an injunction against internet service providers (ISPs) is proportionate to the goals of high copyright protection goals that the EU set in the Information Society Directive.
Acquiring a Latvian citizenship in case of a beneficiary of complimentary protection: the compatibility of Latvian law with the European and international standards
(Riga Graduate School of Law, 2018) Bistrovs, Kirils; Tralmaka, Ilze; Riga Graduate School of Law
The paper concentrates on the problem of refugee definition under international law. The main legal instrument in international law has a definition that does not cover all those who need international protection. In particular, this paper is motivated by the ongoing Latvian Case of the Afghan de facto refugee. The crucial question that is addressed in this paper is: whether the renunciation condition in the naturalization provision for persons with subsidiary status can be justified and does it comply with European and international standards.
Understanding of the concept “Use of vehicles” in the EU motor insurance
(Riga Graduate School of Law, 2018) Ivanova, Anna; Mantrovs, Vadims; Riga Graduate School of Law
The major objective of the thesis is identifying the meaning of the concept “use of vehicles” firstly adopted under Article 3(1) of First MID (Directive 72/166/EEC). The main research question of the thesis is whether the concept “use of vehicles” should be understood broadly or narrowly and whether such interpretation may lead to different outcomes in national practices among the EU Member States.

Browse

Browsing RJA Bakalaura darbi / RGSL Bachelor Thesis by Issue Date

Results Per Page

Sort Options