RJA Maģistra darbi / RGSL Master's Thesis

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

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Accountability of mercenaries and private military and security contractors in the existing international legal framework
(Riga Graduate School of Law, 2017) Jankovska, Ieva; Miļūna, Ieva; Riga Graduate School of Law
The thesis analyse the insufficiencies in international legal norms with regard to the PMCs as well as discusses the difficulties of application of certain norms. Afterwards several alternatives are proposed in order to deal with accountability of modern private forces more efficiently. These alternatives include such options as establishment of the responsible institution, new legal convention, minimum requirements for national states laws, licensing requirements as well as necessity for monitoring, control and enforcement mechanisms.
EU legal requirements for the remuneration system of credit institutions: main objectives and practical difficulties
(Riga Graduate School of Law, 2017) Kostina, Irina; Paesani, Paolo; Riga Graduate School of Law
For achieving the goals of the Master’s Thesis, the notion of corporate governance and the place of remuneration policies in it will be evaluated. The development of the legal provisions and the current legal provisions on remuneration in credit institutions of the European Union law will be evaluated, because it is necessary for understanding the main objectives of the provisions. In the last chapter of the Master’s Thesis the practical issues associated with requirements on remuneration will be reviewed. Namely, issues regarding determining of the identified staff, the deferral period and clawbacks as the most controversial issues will be discussed. Finally, the current content of variable remuneration and the main reasons for determining the maximum ratio between the fixed and variable remuneration will be evaluated.
Real estate crowdfunding: potential in Latvia
(Riga Graduate School of Law, 2017) Lukstiņš, Mārtiņš; Gumaa, Waleed; Riga Graduate School of Law
Currently the economic environment is changing rapidly. The millennium’s development phase was followed by global financial crisis, which has changed the rules of game for all financial players and made others’ think outside the box. After the economic crisis people started losing trust in traditional financial institutions like banks, where all the processes are still very bureaucratic. Overregulated bank lending system could not satisfy the credit demand of small to medium size enterprises, thus triggering the need for a new, innovative financing model to fill the gap. At the same time, the communication afforded by Internet and information technologies opened up new opportunities. Taking advantage of such situation, the development of alternative financial sources like crowdfunding became notable. The purpose of this thesis is to investigate the effects of Latvian regulator approach on real estate crowdfunding services. The case study of three real estate crowdfunding platforms from the Baltics serves as an evaluation of the sector development in Latvia and Estonia.
Shareholder’s role in insolvency procedure
(Riga Graduate School of Law, 2017) Vujic, Sanja; de Weijs, Rolef; Riga Graduate School of Law
The aim of this thesis is to analyze the position of the shareholder in a company when it is experiencing financial difficulties. The analysis will cover insolvency procedures in the U.S. and Bosnia and Herzegovina. The thesis will observe the shareholder’s role in the insolvency procedure, how many shareholders can influence the reorganization process and the possibility of the shareholder to retain participation in the reorganized company.
Supporting urban development in Latvian large cities through integrated territorial investments
(Riga Graduate School of Law, 2017) Enģelis, Kārlis; Gumaa, Waleed; Riga Graduate School of Law
The regulatory framework of the EU Structural and Investment Funds (ESI Funds) has a strong territorial dimension and support to designated territories, particularly municipalities, is common. Provision of support to territories is an issue of common interest and the European Commission addresses it in the ESI Funds programming phase from different aspects one being the use of integrated approaches to tackle territorial challenges at sub-national and sub-regional levels. In the 2014-2020 programming period the territorial dimension has been further strengthened by a conditionality that beneficiary countries have to allocate 5% of their respective European Regional Development Fund (ERDF) envelope to sustainable urban development. This can be facilitated using three options – through a dedicated operational program, through a dedicated priority axis or by making Integrated Territorial Investment (ITI). The latter is a new tool introduced in the Regulation (EU) No 1303/20131 (ERDF Regulation) and the Common Strategic Framework2, a delivery mechanism which is included in the regulatory acts for ESI Funds. The ITI tool is voluntary and a Member State may opt not to use it giving preference to other forms of fund management.
Calculating intellectual property damages in the European Union
(Riga Graduate School of Law, 2017) Lūsēna, Marta; Gulbis, Rihards; Riga Graduate School of Law
Author’s thesis is focusing on the material and economical approaches to intellectual property – how it is evaluated, what are intellectual property damages and, most importantly, how they are determined and calculated. Author maintains that currently the understanding of intellectual property damages assesment and calculation in Europe is fragmented and lacks actual calculation methodology. While from the the legal theory of law, most civil codifications explain what is ‘‘damage‘‘ and ‘‘damages‘‘, in practice specific numbers and calculations are not introduced. The author considers that legal practicioners should be able to apply calculation and substantiate in a court or out of court settlement why and how a certain number has come about. In author’s opinion this would significantly improve the quality of intellectual property rights enforcement.
Concept of passporting within the financial sector of the European Union and possible alternatives for third countries
(Riga Graduate School of Law, 2017) Gavars, Jānis; Paesani, Paolo; Riga Graduate School of Law
This thesis addresses the European single market of financial services which operates on the basis of principles of mutual recognition and home state control, for which the financial sector frequently uses the concepts of “European passport” or “passporting”. The European passport allows financial institutions licensed in one member state (home member state) to provide its services throughout the European single market without additional licensing procedures and/or prudential supervision imposed by the member state in which the financial institution provides its cross-border services (host member state).
Sacrificing right to reputation in favour of freedom of speech in the context of defamation laws
(Riga Graduate School of Law, 2017) Vorobiev, Nikita; Miļūna, Ieva; Riga Graduate School of Law
The right to reputation and right to the freedom of speech are two essential elements that play the role of a cornerstone of any modern democratic society, but bringing these two crucial pillars into the right balance is a real uphill struggle and often can be an unachievable goal. Even though it is difficult to strike the balance, it is still of a paramount importance to reduce the gap to the minimum between these two rights. This Thesis paper will set as its aim to discuss the law of defamation that is available under the UK law, in particular the recent trend, in author’s opinion, that is sacrificing the right to reputation in favour of freedom of speech, which became more prominent with the introduction of the Defamation Act 2013.
The legal consequences of the August 2008 Russian-Georgian military conflict: how does the "creeping occupation" carried out by Russia violate Georgia's sovereignty and the Georgian people’s rights?
(Riga Graduate School of Law, 2017) Tchabashvili, Zurabi; Miļūna, Ieva; Riga Graduate School of Law
The present thesis illustrates how the "creeping occupation" violates Georgia’s territorial integrity and fundamental human rights based on the historical, as well as the 2008 and subsequent developments. Stemming from the current political events, the number of IDPs is a big problem across the world. All this is stipulated by very common international or non-international conflicts that are happening in today's world. These conflicts also include the problems of people internally displaced from the occupied territories in Georgia.
Mass phone surveillance programs – security vs. civil liberties?
(Riga Graduate School of Law, 2017) Khidoyatov, Miraziz; Kollmar, Christy L.; Riga Graduate School of Law
Following September 11 attacks, America has increased its intelligence and defense capabilities. In particular, a historic law named USA Patriot Act was passed by Bush administration together with President’s Surveillance Program. Though the emotional trauma and immediate strategic need to defend the homeland is understandable as it is commendable that the law was passed relatively quick, the Constitution of the United States is what makes this nation so developed and great. This inquiry will take a deep look into the law in relation to unwarranted surveillance over phone activities of the people and assess its constitutionality. To support the assessment, the development of the relevant laws, Section 215 of USA Patriot Act and Section 702 of FISA Amendments Act, and the precedents will be analyzed leading us to assume a probable future verdict of the Supreme Court of the United States had it heard this case today. It will be shown that such encroachments on civil rights and liberties is not novel and precede terrorism. Thus, further appropriation and amendments shall be made to the laws to bring it to respect rights to privacy and warrant requirement for search and seizure as guaranteed by Fourth Amendment. Analysis of European Law will be made, using examples of UK and France, and a dangerous trend will be shown illustrating that some leading members of the Union are adapting draconian laws and through cooperation agreements aiding the US into doing things they cannot legally do in the US. Seven recommendations will be proposed to put the laws in question in line with the US Constitution and bring more legitimacy to the process.
The right to claim for damages if one of the party located on the vessels: Jurisdiction and applicable law
(Riga Graduate School of Law, 2017) Āboliņš, Gundars; Alla Pozdņakova; Riga Graduate School of Law
The Masters thesis will resolve some important thesis for parties’ rights to claim for damages if other party breach the contract or agreement. This work is divided into four main sections: first part International contracts sales of goods and its relation to contracts for the carriage of goods by sea; the second part the biggest emphasis will be to draw on the contracts for the carriage of goods by sea; and the third part will be concentrated to applicable law in disputes arising from loss or damage of cargo or delay; and the fourth applicable jurisdiction in disputes arising from international contracts for the carriage of goods by sea.
Can the assignment of a financial claim be regarded as a financial instrument?
(Riga Graduate School of Law, 2018) Andersons, Toms; Lazdovska, Inese; Riga Graduate School of Law
The main aim of this thesis is to provide with an answer to the question as to whether the assignment of financial claims should be regarded as constituting financial instruments. The question is interpreted from the perspective of the civil law legal system of Latvia, which is a part of the European Union (EU), the Eurozone, and also the common capital market of the EU. Therefore, the legislative acts of the EU relating to the subject matter are interpreted and analysed in conjunction with the substantive national law. Since the examined definition for the concept of assignment of claims has commonalites in other parts of the EU that share similar legal traditions the findings of this thesis may therefore be relevant to the potential analysis also in other countries.
The applicable international instruments and mechanisms for the protection of human rights defenders in Cambodia
(Riga Graduate School of Law, 2018) Lim, Borin; Ulrich, George; Riga Graduate School of Law
The human rights defenders' situation in Cambodia is still extremely concerning; human rights defenders (HRDs) frequently face physical attacks, legal harassment, intimidation, arbitrary arrests, torture, and security threats due to their legitimate activities to promote and protect human rights and fundamental freedoms in Cambodia. Mostly, the perpetrators of human rights violations are powerful people, rich companies or government bodies, etc. The national judicial system has proven to be not independent or impartial when addressing human rights defenders' cases. Therefore, human rights defenders need further protections from other international instruments and mechanisms, which are applicable to the Cambodian context. The purpose of this thesis is to analyze the applicable international instruments and mechanisms for the protection of human rights defenders in Cambodia.
Implementing court judgments and arbitral awards re maritime disputes in the Southeast Asia: a comparative analysis
(Riga Graduate School of Law, 2018) Akisheva, Asylai; Hout, Tjaco T. van den; Riga Graduate School of Law
The paper attempts to address and discuss the issues of implementation of the international judgments and international arbitral awards concerning maritime delimitation in the Southeast Asian region from the point of view of the International Law of the Sea, the ICJ/international arbitration (PCA)/ITLOS practice, case study, and other sources of Public International Law.
Consumer protection in relation to direct marketing - targeted advertising under EU e-commerce legislation
(Riga Graduate School of Law, 2018) Šampiņa, Ilze; Ratniece, Laura; Riga Graduate School of Law
The thesis analyses issues on consumer protection in the context of direct marketing – targeted advertising under EU e-commerce legislation. The research provides an in-depth examination of aspects concerning the linkage between consumer protection, on the one hand, and traders’ interests in developing business and providing information about their products and services to consumers, on the other hand.
Influence of the migration crisis in human trafficking: Analysis of the international and national legislation in Germany
(Riga Graduate School of Law, 2018) Cañas Arandia, Luisa Fernanda; Ulrich, George; Riga Graduate School of Law
This project consists of the analysis of the German anti human trafficking legislation and its compliance with the international framework, looking for especial conditions with regards to identify the victims, prevent and judicialize the crime in the context of the migration crisis. Beyond the several reviews of the legislation and with the aim to obtain first hand information, the author decided to go to Germany with the purpose to establish contact with the Bundesministerium für Familie, Senioren, Frauen und Jugend (Federal Ministry of Family Affairs, Senior Citizens, Women and Youth), likewise different Non Governmental Institutions – NGO´s as Bundesweiter Koordinierungskreis gegen Menschenhandel e.V. (KOK), Arbeitsgemeinschaft zum Schutz der Kinder vor Sexueller Ausbeutung (ECPAT), Arbeit und Leben DGB/VHS NIRW e.V., and Deutsche Kinder und jugendstiftung.
Capacity of existing trade mark protection in relation to infringements by 3D printing technologies in the EU
(Riga Graduate School of Law, 2018) Zariņa, Gunta; Gulbis, Rihards; Riga Graduate School of Law
The masters thesis will research and analyze the possible clashes between the current regulation of EU trade mark law and virtual reality of 3D printing in the context of the most common infringements by the main actors involved in 3D printing technologies - intermediaries, manufacturers and end-users. The main focus will be kept on EUTM registrations and liability of intermediaries – online platforms. In this thesis the author raises the following hypothesis: the current scope of trade mark protection in the EU will be deemphasized due to disruptive 3D printing technologies, therefore right holders should make less efforts on trade mark protection and instead strategize brand engagement. Two possible aspects of infringements will be scrutinized - 3D printed goods with infringing trade marks and infringements by CAD files containing unauthorized use of mark.
Did floating rate notes stopped floating? An investigation on legal impacts of negative interest rates on bond agreements and their trade
(Riga Graduate School of Law, 2018) Klaus, Jürgen; Linowski, Dirk; Riga Graduate School of Law
Most securities pay a coupon as a form of interest from the borrower to the lender. While interest rates in the Euro Area are at historical low levels, as a common market practice, fixed income bonds can yield negatively and trade without material impacts. However, negative rates impact securities with floating rate coupons and create legal and operational uncertainty whether their coupons can turn negative and if this implies the borrower’s right to debit the bondholder. The thesis analyses if the applicable bond documentations are clear on the treatment of negative interest rates. Further, it interprets if an issuer could legally enforce to claim a payment from the investor under English law governed bond agreements.
Areas of attention and practical guidance to GDPR compliance in TELCO industry
(Riga Graduate School of Law, 2018) Jurgels, Arnis; Ņesterova, Irēna; Riga Graduate School of Law
The work focuses on EU Telecommunications industry`s companies and the main areas of attention for those companies to successfully implement necessary measures and comply with the EU General Data Protection Regulation (GDPR) which will be enforced on 25 May 2018. The thesis will concentrate on defining the most important areas of attention of GDPR and ePrivacy regulations for Telecommunications operators and create practical guidance for them to achieve compliance to GDPR.
Economic sanctions in international arbitration
(Riga Graduate School of Law, 2018) Vasylieva, Anastasiia; Ravindran, Aravamudhan Ulaganathan; Riga Graduate School of Law
Historically, economic sanctions, as options of foreign policy, are aimed on changing the behavior of the target state and its regime. In a very extreme situation, economic sanctions can be used in a comprehensive manner, which means prohibiting all kinds of financial transactions with the sanctioned state. The aforesaid policy necessarily constitutes a significant influence on the commercial relations between individuals within a sanctioned state and their international contractual relations. The imposed sanctions can cause obstacles for performing contractual obligations, s can lead to the disputes in international arbitration. Nowadays, the issue of sanctions in international arbitration has attracted a wide interest because of the recently established sanction regimes. The research is performed in the scope of international investment arbitration and international commercial arbitration.

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