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 for crimes committed by autonomous weapon systems under international criminal law
(Riga Graduate School of Law, 2022) Holstein, Eugene; Guney, Gizem; Riga Graduate School of Law
With conventional weapons a human is responsible for the target selection and the pulling of the trigger. In contrast to this, AWS themselves are responsible for these tasks. The contemporary framework of International Law regulating this problem focuses on the conventional weapons and the human operator behind them. This thesis is trying to partake in the solution of the following legal problem: if the current International Criminal Law-framework sufficiently regulates accountability for proscribed acts committed by Autonomous Weapon Systems. To achieve this the thesis focuses on the research question: Which individual would be held accountable for proscribed acts committed by Autonomous Weapon Systems? We will see that the manufacturer cannot be held accountable for war crimes committed by AWS and that command responsibility is not applicable to AWS. The commander and the deployer can be seen as co-perpetrators in certain cases. In certain cases, the commander can be individually responsible as an aider and abettor.
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.
Affect of political and economic instruments applicable in international trade
(Riga Graduate School of Law, 2019) Hramova, Jeļena; Gjortler, Peter; Riga Graduate School of Law
This paper addresses how political and economic tools are used by states when implementing trading policies and practices on both levels, on a regional level further moving to the international level. The main purpose of this paper is to determine how much politics is engaged when the states are shaping their foreign trade relations and whether the codes of conduct are distinctly reallocated between all players of the international trade. The cases mentioned in the paper give an overview on how the political tools are used by the traditionally dominant powers when it comes down to dispute settlements.
Air passenger rights in European Union under Regulation 261/2004
(Riga Graduate School of Law, 2018) Sērmūksle, Annija; Druviete, Inese; Riga Graduate School of Law
This research will focus on air passenger rights in European Union. The first section will consist of exploring main legislations with respect of air carrier liability, passenger rights and international carriage by air. Further there will be evaluation of Regulation 261/2004 as well as exploration of obligations and rights stated in it. As Court of Justice often has been asked to give their opinion to national courts with respect of implementation of Regulation 261/2004, an analysis of most important cases will be compiled. This analysis will reveal grey zones of the Regulation. Following this there will be an analysis of main areas of complaints. After that this research will focus on exploring bodies and mechanisms assisting and helping consumers in order to contact air carrier and receive entitled reimbursement.
Ambiguities surrounding the fifth anti-money laundering directive of the European Union in relation to trusts
(Riga Graduate School of Law, 2020) Zvejnieks, Ričards; Preimane, Inga; Riga Graduate School of Law
The main objective of this Thesis is to identify and analyze the ambiguities surrounding the 5AMLD in relation to trusts and similar legal arrangements, to assess whether the identified ambiguities weaken the ability to achieve the aim of the 5AMLD and safeguard the EU financial system and its Member States against money laundering. It has been concluded that the discrepancies in the understanding of the concept of trust and similar legal arrangements across the Member States weaken the ability to achieve the aim of the legal instrument also due to vague explanations and measures provided by the 5AMLD on trusts and similar legal arrangements. In addition, it has also been concluded that the vague requirement to present a legitimate interest to obtain access to the beneficial ownership register for trusts is a mere administrative burder that nearly all could overcome, thus granting a blanket access to the information to the general public. Such access threatens the safety of the wealthy individuals using trusts and similar legal arrangements, and contradicts with the legislative intent of the instrument. The access rights should therefore be limited to the relevant authorities.
Analysis of the law on the prevention of money laundering and terrorism financing and law on International Sanctions and National Sanctions of the Republic of Latvia in relation to non-residents and non-entities and comparison with international requirements. Main problems and solutions
(Riga Graduate School of Law, 2019) Martinova, Elena; Burkāns, Viesturs; Riga Graduate School of Law
The study examines the impact of changes in the Law on the Prevention of Money Laundering and Terrorism Financing and Law on International Sanctions and National Sanctions of the Republic of Latvia on non-residents and non-subjects, as well as being compared with international requirements and legislation in different countries. The thesis considers what Latvian legislation is based on, whether all requirements of world and European regulators are taken into account, as well as what opportunities exist to comply with these requirements. Additionally, specific articles of Latvian legislation in anti-money laundering sphere were compared with the legislation of other countries in order to understand whether these requirements are international practice or how other countries implement the requirements of the regulator.
An analysis of the liability rule in Latvia in case of a transfer of an undertaking in the context of freedom of contract principle
(Riga Graduate School of Law, 2018) Šļujeva, Kristīne; Ratniece, Laura; Riga Graduate School of Law
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 contract principle in Article 20 does not itself make Article 20 incompatible with freedom of contract principle.
Anti-money laundering: civil liability of banks vis-a-vis their customers
(Riga Graduate School of Law, 2018) Lazdiņš, Andris; Znotiņa, Ilze; Riga Graduate School of Law
In this master’s thesis the nearly unexamined topic of the civil liability of banks vis-à-vis their customers for improper application of anti-money laundering measures in the Latvian perspective is explored. The findings and conclusions of this thesis will be relevant in Latvia from both the point of view of theoretical analysis and practical applicability.
Anti-money laundering: external accountants as “gate-keepers” in money laundering schemes in Latvia
(Riga Graduate School of Law, 2019) Reinberga, Krista Zinaīda; Znotiņa, Ilze; Riga Graduate School of Law
The main aim of the master’s thesis is to present an analysis of accountants’ involvement in money laundering schemes due to the lack of regulation on the profession. The research is based on the Financial Action Task Force (FATF) recommendations, different non-financial sector players and EU Member State policy comparison on accounting profession matters.
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.
Application of shareholders’ agreement in the Republic of Latvia and the United Kingdom
(Riga Graduate School of Law, 2020) Amosejevs, Marks; Fillers, Aleksandrs; Riga Graduate School of Law
Nowadays, the companies are the most important actors in domestic and international commerce. The company is the legal entity represented by an association of natural or legal persons called members or shareholders. As a general rule, the liability of its shareholders is usually limited by the statutory documents of the company, such as the articles of association. The articles of association serve as the constitution of the company, regulating its structure, organization, existence and relations between its shareholders, relation between the company and its shareholders. However, very often the articles of association of the company do not regulate all the aspects of relations between shareholders. For this reason, in jurisdictions with rich corporate law traditions it is commonly used practice to enter into a shareholders’ agreements between owners of the company.
Application of the Article 28 (3) of the General Data Protection Regulation in contemporary Software as a Service (“SaaS”) business.
(Riga Graduate School of Law, 2019) Lijs, Īlajs; Zandars, Edvijs; Riga Graduate School of Law
For the purposes of this thesis, regulatory requirements associated with the Data Processing Agreement (DPA) are subject to interpretation in the context of SaaS delivery models widely adopted by prominent SaaS providers. In addition, the author argues that, multiple parties processing personal data leads to problems in determining the correct processing role. Thereby, parties may struggle in meeting the requirements of Article 28 (3) of the General Data Protection Regulation (GDPR). Failure to ensure that processing is covered by the proper DPA is regarded as an infringement of the GDPR. For that reason, the thesis seeks to stress out complications associated with structuring DPA’s and provides recommendations on how to structure DPA’s according to the selected model.
The application of the Market Economy Investor Principle to assess the existence of economic advantage in case of differentiated airport charges of the European Union’s airports
(Riga Graduate School of Law, 2019) Kristaps, Gatis; Nicolaides, Phedon; Riga Graduate School of Law
The commercial aviation market is one of the fastest growing and most liberalised sectors of the economy in the EU. Development of low cost carriers changed the aviation world as regional airports experienced a boost of traffic and prospects of their financial sustainability. On the other hand, the expansion of low cost carriers in the EU airports resulted in many complaints from full service airlines. This resulted in the development of case law, both at the Commission and The Court of Justice of the European Union (CJEU) level. According to the case law, price differentiation of airport charges is not considered as granting of economic advantage to the particular undertaking if a market economy operator had adopted a similar practice guided by the prospects of long term profitability. The Master’s Thesis includes an analysis of State aid cases of the Commission and judgements of the CJEU concerning the application of the Market Economy Investor Principle with regard to agreements concluded among airports (airport managing bodies) and airport users (airlines).
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.
Austrian citizenship for South Tyrol: Another Hungarian-Slovak tit-for-tat?
(Riga Graduate School of Law, 2018) Gattringer, Robert; Ziemele, Ineta; Riga Graduate School of Law
The subject of this thesis is the question, whether Austria can provide South Tyrol or, more specifically, individual South Tyroleans with the Austrian citizenship under the terms of public International Law. The relevance of this topical question is given for a number of reasons. Today the European Union has to face massive problems, to name but a few: economic protectionism of the closest ally (USA), frozen conflict in a neighbour state (Ukraine crisis, annexation of Crimea by Russia), Russia is deploying nuclear-capable missiles in Kaliningrad2, but moreover challenges from within: member states are changing their system of government in a way it can be feared they are leaving shared European values behind (Hungary, Poland), right wing populist parties are largely gaining the voters’ approval (Austria, Germany, Hungary, Italy, Poland) and regions of European member states are interested in leaving their host countries and becoming independent (Catalonia, Scotland).
Balancing the property right of forest owners and the right to healthy environment in Latvia
(Riga Graduate School of Law, 2020) Seilis, Rūdolfs; Cīrule, Dace; Riga Graduate School of Law
Strong and reliable right in property has not only been one of the cornerstones of a democratic capitalistic society, but also the provider of confidence for development in forest investment and sustainable management. Being a fundamental human right, right to property is also frequently recognised in constitutions, including the Constitution of the Republic of Latvia under Article 105. Even though the right to healthy environment is not universally accepted, the emergence and expansion of the concept of sustainable development has led to a broader base of stakeholders in forest properties. With a convincingly growing confidence it has been repeatedly stated by both legislators and judicial bodies, that social, economic and environmental rights must be viewed interconnectedly. This paper analyses various written sources to examine the regional legal obligations and current practice in setting up nature preservation areas in Latvia, considering international practice and environmental policy instruments. The research concludes that policy implementation process should be enhanced in Latvia by firmly combining forest management planning with the environemental planning, while also affording a higher degree of participation of forest owners in the protected site designation process. The current compensation mechanism for limiting the property right is considered and propositions for improvement are made. The need to develop a standard for assessing the degree of impact on stakeholder rights is enhanced. Potential improvements in current compensation mechanisms are discussed, while additional incentives should be provided to facilitate self-regulation in Latvia.
Biometrical data legal issues of mobile payment transactions in the Republic of Latvia
(Riga Graduate School of Law, 2021) Luhaera, Ilze; Harbinja, Edina; Riga Graduate School of Law
Biometrics are any metrics related to human features. The most common examples of a biometric recognition system are the mobile phone’s fingerprint and facial recognition technology. As an emerging technology, biometric systems can add great convenience by replacing passwords and helping in law enforcement operations. The banking sector is another embracing biometrics across a range of services, in particular in mobile payment transactions. Therefore, there are serious privacy concerns when it comes to biometrics which will be examined in the master thesis in line with legal issues which create the basis to provide a high level of privacy and security. The first chapter of the master thesis defines mobile payments and traces an overview of the mobile payment systems. The second chapter analyses the concept of biometric data and examines the legal provisions of international and national levels for biometric data. In the third chapter of the master thesis, the author discusses the conditions for the processing of biometric data, in particular related to the consent given by the client under GDPR. The fourth part is devoted to the oversight requirement and responsibilities between the subjects involved in the processing of biometric data. Cybersecurity is explored in the fifth chapter. Along with the above mentioned the author analyses certain unresolved issues and suggests various proposals to improve legislation to maintain a high level of security and certainty in the use of biometric data as well as to reduce the abuse of international and national laws and regulations.
Blockchain technology implications on digital copyright and neighboring rights: possible ways of applications, advantages for rightsholders protection and enforcement challenges
(Riga Graduate School of Law, 2020) Rumbeniece, Linda; Jakimovs, Sergejs; Riga Graduate School of Law
The thesis objective is to assess blockchain technology implications on rightsholders’ exclusive rights protection and enforcement in the digital environment. The Master thesis explores blockchain potential to limit existing structural and operational deficiencies of DRM systems caused either due to regulation, business decisions, or technical reasons and study possible applications of blockchain technology for increasing rightsholders’ control over digital works placed on the Internet and for contributing to more direct digital copyright and related rights protection, management and enforcement in the digital environment. The research shows that blockchain technology may to certain extent eliminate deficiencies associated with current DRM systems, especially, reduce online piracy, circumvention activities against TPMs, increase rightsholders’ control over original digital works and every copy placed on the digital environment and in some exclusive rights enforcement aspects enable more direct relationships between rightsholders and content users, hence limiting the impact of intermediaries involved in digital content distribution and rightsholders’ rights administration. Author, having regard to the core technical characteristics of blockchain technology, assesses possible adjustments to current digital copyright and related rights regulation and potential regulatory approaches in light of effective rightsholders rights protection and enforcement.
Blockchain-based tokens issuance under the EU framework: is it underdeveloped?
(Riga Graduate School of Law, 2020) Dikanskis, Dmitrijs; Točelovska, Nataļja; Riga Graduate School of Law
This thesis aims to explore a theoretical background for blockchain-based funding options and token issuance, to verify tokens classification from the legal point of view based on their structure and method of distribution, to analyse legal perimeter of token issuance in the EU for inconsistencies and to compare with the US regulation which is regarded as one of the better enforced in the world, and to discuss further regulatory responses. The findings are that despite the classification of tokens (utility and security) is established and the legal perimeter is defined, more certainty on classification and definitions are still recommended. The substantial convergence between the EU and the US securities regulation regimes shows that the EU legal framework covers similarly the essential areas of token offerings, although the definitions applied in both jurisdictions are different (‘transferable securities’ and ‘investment contract’). The research suggests that the EU regulators and policymakers may respond to the future technological advances and market preferences towards a new mode of funding using 'soft law' measures, establishing sandboxes or creating the bespoke regime for crypto-assets. However, the author promotes utilising blockchain technology abilities and its code-driven nature for better compliance and regulatory measures.
Building a fair, competitive and stable tax system in Latvia
(Riga Graduate School of Law, 2018) Parsonse, Kristine; Sturmanis, Valts; Riga Graduate School of Law
This master thesis is devoted to the role of tax advisers (lawyers, accountants, financial advisors) in building a fair tax system in Latvia in the context of the latest anti-money laundering requirements, Tax Reform in Latvia and the latest development in the European Union Tax Law. Tax professionals have responsibilities towards the society in which they live. Therefore the tax adviser’s role in this approach is to position him/herself in a balance between the taxpayer, the state and society. This positioning is neither in favor of the taxpayer nor in favor of the state, and to the contrary, a positioning that is for the common good of the society.

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