Legal Principles vs. Statutory Ambiguity in Criminal Justice: Lithuanian Court Experience

Criminal Law Forum - In any state where the rule of law is applied, criminal justice serves to guarantee the efficiency and legitimacy of liability and all legally sanctioned coercive measures. Its...     

Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion between Kelsen and Pitamic

Leonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a clear method, we can also open up a space for dialogue and for the juxtaposition of contrasting points of view.     

Regulating public procurement in Brazil,India, and China: Toward the regulatory-developmental state

Since the 1990s, emerging economies such as Brazil, India, and China have adopted transparency-enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform-oriented state actors, societal pressure, and lesson-drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA-based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory-developmental layering of rule-based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.     

On Political Terror during the Soviet Expansion into Lithuania, 1918–1919

This article deals with a noticeable anomaly of Bolshevik expansion in Lithuania during 1918–1919: the refusal of the Soviet authorities to resort to terror to subdue the local population in order to export the world revolution. The author argues that the Soviets avoided political terror in Lithuania because they did not treat the Lithuanians as a nation capable of sustaining their own state. In fact, anti-Bolshevik forces employed more terror than the Bolsheviks in their attempt to drive out the Reds and uproot Lithuanian support for the Communist regime. The Lithuanian left-wing government of Mykolas Sle?evi?ius sought to contain its radicalized military and to preserve a soft-handed relationship with the local Bolshevik government.     

A Sultan's Children: Bosnian Jews in Two Major Newspapers of the Bosnian Vilayet: Bosna and Sarajevski Cvjetnik

This paper deals with the references to the Jewish community, its members and interests in Bosnia in official vilayet newspapers during the late Ottoman times until the Austro-Hungarian occupation in 1878. Two kinds of references can be discerned: ones related to the Jewish community in Bosnia, and the other referring to the community in Serbia. In this context, numerous questions of integration, language, education and state patronization are treated.     

Non-Traditional Overall National Security Outlook

The “New Security Concept” put forward by the Chinese authorities at the turn of the century, with “mutual trust, mutual benefit, equality, and coordination” at its core, dealt mainly with non-traditional security approaches and measures in external security. However, it did not touch upon internal security or other traditional or non-traditional security issues in a broader sense. Therefore it is a low form of non-traditional security outlook and a low form of non-traditional national security outlook. When reviewing overall national security issues besides external security and international security, China has stuck to a traditional national security outlook. In comparison, taking “the people’s security as its aim,” the Overall National Security Outlook (ONSO) embodies non-traditional thinking and “attaches importance to both traditional and non-traditional security.” It is, therefore, an advanced non-traditional national security outlook. Though incorporating rich non-traditional national security issues, the ONSO deals with various traditional national security issues, as well. The ONSO is non-traditional in that it handles and highlights non-traditional national security issues; it is holistic because it pays dual attention to both traditional and nontraditional national security issues; it is advanced as it incorporates both traditional and non-traditional national security issues by means of non-traditional thinking.     

Comparing urban renewal in Barcelona and Seoul—urban management in conditions of competition among global cities

Cities have become increasingly autonomous economic and political actors which actively respond to the pressures and opportunities of globalisation. Consequently, the urban management of any particular city is often based on the assumption that the city can improve its position against rival cities by efficiently managing its strategic resources and promoting its presumed advantages. Though such an approach to urban management may help cities to improve their global competitiveness and the quality of their residents’ everyday life, it can sometimes result in negative consequences at the local level, thus actually narrowing the development prospects of the cities in the end. This article discusses urban management against the backdrop of the competitive urban policy in Barcelona and Seoul, and compares the local consequences of urban renewal in both cities. Based on a comparison of the two cases of urban renewal, 22@ Activity District in Barcelona and the Cheonggyecheon restoration in Seoul, this article argues that, in conditions of competition among global cities, even very different approaches to urban management and urban renewal may result in similar consequences at the local level.