Baltic Studies in North America: A Survey of Academic Dissertations 1911–2006

ABSTRACT

The article argues for an extended delineation of increasing Western cultural hegemony in the reconstituted Baltic states. An initial idiom of postcolonial studies is revisited in order to complement their dominant scope in the Baltics, focused primarily on a retrospective cultural study of Baltic/Soviet relationships. The argument elaborates on the urgency of the expanding research agenda regarding the Baltic/European research framework. By pointing out the frequent occurrence of the superiority or inferiority value scale in cross-cultural references sampled from press releases of the Art Museum of Estonia, the article concludes that mainstream cultural self-reflection in Estonia is nowadays subjected to the supremacy of the imagined West European viewpoint.     

国际海底区域内活动的 担保国的赔偿责任

1982年《联合国海洋法公约》（简称《公约》）为缔约国规定了确保其所担保的个人和实体在进行国际海底区域内活动时遵守《公约》相关规定的义务以及对所担保的承包者没有遵守其义务而造成的损害承担赔偿责任。然而,担保国的此种赔偿责任并非严格责任。只有当同时满足以下条件时担保国才应对其所担保的承包者造成的损害承担责任：担保国未按照《公约》履行其确保遵守的义务;所担保的承包者没有遵守其义务并因此造成损害;担保国的不履行与损害发生之间存在因果关系。在担保国需要承担赔偿责任的情况下,其责任的上限是其所担保的承包者的不法行为造成的“实际损害”,同时还应考虑管理局和对有关活动行使管辖或控制的国家的潜在责任。然而,担保国和承包者并不承担连带责任,担保国赔偿责任的存在并不影响承包者承担和履行其赔偿责任。承包者应先于担保国履行赔偿责任,而只有在承包者不能完全赔偿其应负责的损害时,担保国才有义务对未能赔偿的损害部分承担剩余责任。由于担保国根据《公约》承担的确保遵守的义务是一种“行为义务”,而并非杜绝损害发生的“结果义务”,因此,如果担保国已经履行了公约规定的尽责义务,那么即使发生损害,也不应要求其承担责任。     

论中国社会权司法保障的路径及其限度

确定社会权的司法保障路径及其限度必须以社会权的基本效力为基础。在中国，通过司法保障社会权应当坚持以法律诉讼为原则，宪法诉讼为例外。同时，就保障程度而言，其只有在国家尊重和保护义务层面才具有完全的可诉性，而在国家给付义务层面其仅仅具有“最低限度”的可诉性。     

Biting the hand that feeds them? Abkhazia–Russia client–patron relations

ABSTRACT

The article discusses the post-Soviet de facto state of Abkhazia, and its relationship to its main patron, Russia. All patron–client nexuses are marked by a high degree of asymmetrical power – especially with de facto states, which depend upon the patron for their very survival. Thus, it is surprising to see how de facto client states repeatedly show that they are both willing and able to defy the wishes of their patrons and pursue their own agendas instead. Moreover, the patron may be willing to tolerate such rebelliousness. What can explain such “disobedient” behavior? I examine three contentious aspects of Russian–Abkhazian relations: the process leading up to the signing of an extended bilateral agreement in 2014; the tussles over how to fight crime in Abkhazia; and acrimony over Abkhazia’s reluctance to allow Russians to buy property in their country, despite massive pressure from Russian authorities.     

The welfare systems of the Baltic states following the recent financial crisis of 2008–2010: expansion or retrenchment?

ABSTRACT

This article aims to uncover major social security system reforms that were implemented following the recent financial and economic crisis of 2008–2010 and the post crisis period. Additionally, it explores the dynamics of the socioeconomic situation during the last 10 years, looking at how Baltic states compare with each other and how they compare with other central and eastern European countries in the EU. The findings show that retrenchment is difficult even during times of crisis. Although the Baltic states were affected by the crisis, especially Latvia and Lithuania, their social security institutions did not experience any structural shift.     

The Place of Legal Positivism in Contemporary Constitutional States

The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of methodological or conceptual positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the neutrality thesis in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism.     

Citizenship status and social exclusion in Estonia and Latvia

Abstract

Findings from the Norbalt living conditions surveys in Estonia and Latvia are used to examine whether persons without Estonian and Latvian citizenship are at greater risk of social exclusion than citizens in these two countries. the level of integration into the labor market, participation in civil society and political life, degree of social isolation, and the level of economic resources among the two groups are analyzed. In Estonia non-citizens are more at risk of social exclusion compared to Estonian citizens, while in Latvia one finds no statistically significant difference between the groups. In both countries educational level is much more important than citizenship status in explaining social exclusion.     

Exploring the role of dependence in influencing small states’ alliance contributions: A reputation mechanism argument and assessment

Dependence has been demonstrated to be a main factor driving small states’ alliance contributions. However, the causal pathway linking dependence on the one hand, and small states’ contributions on the other, is seldom explicated and assessed. Furthermore, the ways in which dependence may shape, not only drive, such contributions, have received little attention. The purpose of this article is to elaborate the role of dependence in these regards. Drawing on Glenn H. Snyder’s “fear of abandonment” concept, it is argued that reputation is the main mechanism linking dependence and contributions. The article specifies the causal pathway and assesses it against case-study evidence of Norway’s and Sweden’s military participation in ISAF. The process tracing lends much support to the proposed mechanism, and comparison helps clarify how different alliance relationship status (member or partner) impacts on the theorised causal chain.     

Between NATO and a hard place: defence spending debate in Germany and Czechia

Defence spending has become a primary issue in the context of NATO. The question of fair burden-sharing and development of new capabilities in reaction to the changing security environment led NATO members to aim to spend 2% of GDP on defence by 2024. While some allies have managed to reach the level quickly, others seem not to be able or willing to do so. We know little, however, how the international commitment is reflected and referred to in individual member states. This article shows how size played a role when the 2% pledge was discussed in domestic politics, even if the resulting policy may be very similar. Based on expert and political debates in Germany and Czechia, it demonstrates that external expectations and the question of status play a crucial part in the small state’s reasoning whereas it is mainly internal drivers that shape the big state’s decisions.