Rīgas Juridiskā augstskola / Riga Graduate School of Law

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RĪGAS JURIDISKĀS AUGSTSKOLAS STUDENTU BAKALAURA UN MAĢISTRA DARBI (2018 -).

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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.
Modernization of the current cannabis legal framework and its potential economic gains
(Riga Graduate School of Law, 2017) Samuša, Annija; Riga Graduate School of Law
The main topic of the article is to observe the current regulatory policy of cannabis and the reasons why it should be reorganized so that the society could gain largest potential economic benefit. The author basically wanted to prove the need for changes in international cannabis regulation. In order to gain the best results, the author uses legal and comparative analysis research methods and as credible sources exploits mainly drug reports published by international organizations, scientific journal and official government data. The main findings are that the current international legislation regarding cannabis is outdated, ineffective and actually obstructs the society from researching the respective substance and its possible advantages. More liberal and at the same time more specific regulation of cannabis market is found to be more effective to defeat the black market and give benefit to society’s overall well-being. In the conclusion the author recommends to change the international cannabis legislation by presenting several step control mechanisms of the respective substance.
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.
Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies
(Riga Graduate School of Law, 2017) Grava, Laura; Riga Graduate School of Law
This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS are under the obligation to avoid clashes of interests and competences. But due to the particularities of the current legal setup in the area of data protection, national data protection authorities have different levels of competences, involvement and participation in enforcement and protection of personal data. Even though national data protection agencies are obliged by EU law to cooperate, there are no certain ways or tools to ensure that they do so. And, given the recent Court of Justice of the European Union (CJEU) judgments in Weltimmo, Google Spain, Schrems and other cases involving personal data, the competences and required level of cooperation between national and EU institutions have become more unclear than ever. The author considers that the current legal setup in terms of inter-institutional cooperation is not effective and is prone to creating more problems. As no clear legal mechanism exists, cooperation can become burdensome, complicated, and lengthy, thus failing to ensure uniform application of EU law and assure the legitimate expectations of data subjects or controllers. Moreover, the latest CJEU judgments on the issue of competences of national and EU data protection institutions can cause uncertainties and possible misunderstandings in terms of clear division of powers. It can be expected that in a few years the current problems should be resolved with the implementation of a new EU data protection regulation.
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.
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.
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.
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.

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