Browsing by study line "Folkrätt"

The Research aims to study the notions of responsibility and liability of controllers and processors and their development that led them to the current status under the GDPR. The Research will also evaluate the importance of the changes in business practices, whether the transmission to the GDPR regime was easy, and whether it was fully completed. The First Chapter of the Research studies the development of data protection legislation at the national and international levels, as well as the main points about data protection law in the EU, focusing is on the development of the responsibility and liability of controllers and processors. In the Second Chapter, the Research studies the approaches to the responsibility and liability of controllers and processors in the EU in detail. The provisions of the GDPR will be explored in comparison with the DPD, and the main changes for controllers or processors are discussed. In the Third Chapter, three recent cases related to non-compliance of different types of controllers: a public authority, a legal service provider and a retailer. This chapter studies the actual examples of challenges of the controllers and their consequences. The Research found that in any period of the development of legislation and at any level, the controller remained primarily responsible and liable, even when the concept of the processor was formed under the DPD. Even though the GDPR introduced several duties that aimed at both the controller and processor and those that were targeting the processor specifically, the existing available practice mainly concerns the controller. The Research also showed that there is still a need to improve the controller’s compliance with the obligations imposed under the GDPR.

This study focuses on an analysis of two challenges facing the Central Asian region: the establishment and advancement of the Rule of Law and the fight against corruption. Despite being a historically important geostrategic region at the crossroads of the European and Asian continents, Central Asia does not always receive the attention it deserves, and research materials specifically concerning the region’s issue of Rule of Law development and its relationship with corruption are few. This study aims to analyse and assess foreign evaluations and promotions of Rule of Law and anticorruption measures targeting Central Asian countries. The specific legacy of Soviet times and countries made of subnational identities and kinship networks suggests another type of modernity that need to be composed with. This study finds that the neoliberal model presuming that a thick rule of law combined with liberalised markets will result in economic development has been discredited by high growth countries having free-market economies and liberalised capitalism but maintaining high level of corruption, institutionalised autocracy and state capture. This study shows that global governance instruments have still not fully come to grasp with this reality. Many still combine economic objectives with rule of law advancement through neoliberal ideals. Yet, the promotion of free trade and deregulated markets can encourage rent-seeking activities, which in turn can foster corruption weakening the rule of law in developed countries and hindering its development in transition nations.

Valtioiden lainkäytöllinen koskemattomuus on vuosisatojen ajan ollut vakiintunut osa kansainvälistä tapaoikeutta. Se vahvistaa periaatteen valtioiden täysivaltaisesta yhdenvertaisuudesta, joka on kansainvälisen oikeudellisen järjestyksen perusta. Viime vuosikymmenten aikana nähty valtioiden lisääntyvä liiketoiminta ulkomailla on vaikuttanut lainkäytöllistä koskemattomuutta ohjaavien perustavanlaatuisten sääntöjen muutokseen ehdottomasta koskemattomuudesta kohti rajoitettua koskemattomuutta. Valtiollisten sijoitusrahastojen viimeaikainen kasvu on muodostanut uudenlaisen haasteen tälle järjestykselle. Sijoitusrahastojen määrän lisääntyminen ja niiden varallisuuden voimakas kehitys on nostanut ne sekä saataviaan perivien yksityisten velkojien että forumvaltioiden oikeuslaitosten valokeilaan, kun ne joutuvat ratkaisemaan uuden kysymyksen valtiollisen koskemattomuuden ulottuvuudesta. Tutkielma tarkastelee sijoitusrahastojen kaksijakoisen roolin jännitettä, joka muodostuu niiden tehtävään valtion varainhoitajana ja kaupallisena sijoittajana ulkomailla. Tarkoitus on selvittää valtion keskuspankkien hallinnoimien sijoitusrahastojen asema mahdollisten pakkotoimenpiteiden kohteena valtiollisen lainkäytöllisen koskemattomuuden kannalta. Tutkielmassa havainnollistetaan valtiollisen koskemattomuuden kehittymistä valtioiden lisääntyvän kaupallisen toiminnan läpi sekä käsitellään niitä oikeuslähteitä, jotka määrittävät valtiollisten sijoitusrahastojen kansainvälisoikeudellista kohtelua. Tutkielmassa analysoitaviin oikeuslähteisiin lukeutuvat yleissopimukset, eritoten YK:n yleissopimus valtioiden ja niiden omaisuuden lainkäytöllisestä koskemattomuudesta sekä sen esityöt, yleiset oikeusperiaatteet, kansallinen lainsäädäntö, oikeuskirjallisuus sekä kansainvälinen ja kansallinen oikeuskäytäntö. Tutkimus osoittaa, että sijoitusrahastojen lainkäytöllinen koskemattomuus on yhä määrittämättä oikeuslähteissä yksiselitteisellä ja yhdenmukaisella tavalla. Valtiokäytännössä voidaan havaita, että kansainvälistä oikeutta soveltavat tuomioistuimet saattavat päättyä päinvastaisiin ratkaisuihin samojen tosiseikkojen pohjalta. Valtiokäytännön pohjalta voidaan kuitenkin tehdä systemaattinen johtopäätelmä kolmesta erilaisesta lähestymistavasta sijoitusrahastojen kohtelussa, riippuen kansallisen lainsäädännön sanelemasta vieraan valtion keskuspankin omaisuuden asemasta sekä siitä, kuinka valtion harjoittama kaupallinen toiminta määritellään.

The question of state responsibility in climate change is becoming more and more relevant, as climate change continues to have detrimental effects on both the environment and the people. Sovereign states, however, cannot be forced to act. Sovereignty provides the states with a freedom to stay passive in the fight against climate change. With climate change causing sea level rise and increasing the frequency of natural disasters, the universal human rights stand threatened by the effects. International human rights law does not mention climate change, but if it can be proven that it truly violates human rights, states would have a responsibility to address climate change, at least in the sense that they ought to protect the victims of disasters and slow onset events. International environmental law provides with a responsibility to prevent environmental harm under the no-harm principle. The responsibility to prevent climate change would require that the connection between greenhouse gas emissions and climate change related environmental damage is sufficiently proven. The fact that climate change is partly natural and partly anthropological complicates this issue. The current climate change law does not appropriately address the sharing of responsibility to prevent climate change and compensate for damages caused by it. There are some principles, such as the polluter pays, beneficiary pays and ability to pay principles, which address the responsibility of those who pollute, those who benefit from the pollution, and the different levels of abilities to pay. From them, it follows that developed states ought to have a broader responsibility to pay than developing states, since they have polluted more, benefit more from the pollution, and have the means to pay more. The climate change regime is decades old, but it still fails to properly assign states with responsibilities to prevent climate change. Human rights law and environmental law compensate for some parts climate law lacks in, but the scientific uncertainties make the applicability controversial.

The thesis introduces international investment law and its development – mainly focusing on bilateral investment treaties. International investment law faces its own challenges, and no global consensus has been reached on the treatment of foreign direct investments. That said, many states have chosen to agree on the treatment of investment through bilateral treaties designed to promote and protect foreign investments in the host state. Foreign investment involves different and possibly unknown risks compared to domestic investment. How these risks materialise and how these risks have been mitigated through bilateral investment treaties has been left to the development of international investment law. For the time being, the solution has mainly been investment treaties, of which bilateral investment protection treaties are discussed here. On 24 February 2022, Russia invaded Ukraine. This was, at the latest, when many of the “Russia risks” that an investor knew or should have known about materialized. Following this shocking attack on Ukraine, many states have publicly condemned Russia's actions. Several sanctions, such as but not limited to restrictions on transfers of funds and services to Russia, closing of air spaces, travel bans and asset freezes, have been imposed against Russia for military action(s) - over a period of several years. To show their support for Ukraine, many companies have decided to withdraw from the Russian market. As a countermeasure, Russia has presented draft regulation to nationalise foreign investment. The draft legislation, if passed, would “allow” the Russian government to expropriate investments by 'unfriendly' foreign states that seek to exit the Russian market. That said, the thesis focuses on what is meant by expropriation in international investment law, and when expropriation is considered legal. The aim of the thesis is to examine how the bilateral investment treaty by and between Finland and the Socialist Soviet Union (to which the Russian Federation later became a party) can provide support to investors from Finland that have invested in Russia. The thesis discusses the definitions stipulated in the bilateral investment treaty, as well as the provisions concerning explicit safeguards, general principles and the international dispute settlement mechanism. Discussion related to being a Finnish company that has invested in Russia - and is now considering leaving or has left the Russian market is also introduced.

The purpose of this thesis is to determine how economic sanctions imposed by the United States and their Office of Foreign Assets Control are enforced and why they are strictly observed in countries and by entities not under the United States’ jurisdiction. The focus is on Finland and how Finnish legislation enables this. This thesis includes a historical and theoretical look into the use of economic sanctions and into how global economic factors affect the way United States economic sanctions function. The thesis also establishes an overall view of the main issuers of economic sanctions that affect Finland. The effects of economic sanctions are analyzed by examining the legal case between Boris Rotenberg and four Finnish banks. Boris Rotenberg was placed under sanctions by the United States, which led to him being denied banking services and to his payments not being forwarded. This resulted in Boris Rotenberg suing the banks for the denial of the services. The case is important for demonstrating how the United States economic sanctions work in practice in Finland and how they affect entities not under the jurisdiction of the United States. The conclusion of the thesis is that the fact that economic sanctions imposed by the United States are not legally enforceable in Finland is of very little consequence since the repercussions of non-compliance are harsh. The United States economic sanctions cannot be violated without violating Finnish legislation, which in practice means that United States economic sanctions can be seen to be enforceable in Finland as well.

Based on a traditional view, international law is a system of principles and rules that emanate either directly through treaty or indirectly through custom. International financial regulation on the other hand is a system of informal and non-binding rules. The international financial regulatory process formulates broad supervisory standards and guidelines as well as recommends statements of best practices. These are then implemented by national regulatory agencies through arrangements best suited for the national legal system in question. As such, international financial standards are not considered “hard law” as traditionally understood within the framework of international law, but rather it is “soft law”. Nevertheless, international financial regulation creates commitments and gives rise to expectations. Furthermore, the implementation of international financial regulation is boosted by a range of enforcement technologies. Finance holds a higher share in economic activity than ever before as a result of economic expansion and integration. Furthermore, technological advances, globalisation and innovations in financial instruments have allowed a greater level of participation in financial transactions. The development of international financial regulation dates back to the 1940s, however, the current form of international financial governance is based on ideology that emerged in the 1970s, an ideology promoting economic liberalisation and self-regulating markets. The development of international financial regulation has made great strides in the past decades, however, the numerous financial disasters and crises in the past 20 years, most notably the 2007-2008 financial crisis, highlight the weaknesses of the international financial system and the failure of the idea of self-regulating markets. A major cause of financial disasters and crises is the fact that financial market practices are innovative and constantly evolving, but both national and international regulatory action frequently lags behind market developments. In fact, regulatory changes usually react to risky market practices only after these practices have caused significant damage. Furthermore, financial reforms tend to emphasise fixing the immediate symptoms of crises. This regulatory lag is primarily a consequence of the prevailing ideologies and the priorities of major economies which influence financial regulation as well as the historical path dependence of international financial regulation. It should also be noted that the regulation often fails to serve the broader interests of society as a whole, for example, inadequate regulation can lead to systemic risks and foster market manipulation and fraud. This thesis addresses the disconnection between the pace of regulation and financial innovation, arguing that addressing this disconnect is crucial. Furthermore, this thesis will emphasise the significance of international financial regulation in a globalised world where financial activities transcend national borders. Effective international financial regulation is indispensable to ensure financial stability and prevent cross-border financial crises.

The settlement of the maritime dispute between the Republic of Turkey (RoT) and the Republic of Cyprus (RoC) in the Eastern Mediterranean is politically deadlocked. Both countries keep insisting on their maritime claims despite the diplomatic settlement efforts by the United Nations and the Council of Europe. RoC argues that an equidistance line should be drawn between the two opposite areas, whereas RoT claims that the existence of relevant circumstances, including geographical and non-geographical factors, necessitates a different maritime solution. As their maritime dispute is, besides a political matter, a legal matter regulated by international law, this thesis aims to review the claims of both parties based on the contemporary conventional and customary international law of the sea, with due regard to state practice and international jurisprudence. To determine where the maritime boundary between Turkey and Cyprus lies, legally speaking, an attempt is made to critically compare this case with the outcome of relevant international judicial decisions.

Claims of breach of legitimate expectations have been widely used by investors in the energy sector. The protection of legitimate expectations is one of the core elements of the fair and equitable treatment obligation which is included in most investment treaties. The protection of expectations is an important function of investment treaties as investors make their investment decisions on the basis of calculations on the expected return, which is highly dependent of the laws in the state where the investment is made. In other words, returns of energy investments are directly linked to the stability and predictability of domestic laws. There is a need to protect investors against adverse state measures, as subsequent state conduct after that the investment decision has been made can cause substantial loses for the investors within the energy sector. However, at the same time, states need to implement measures that may affect investments in a detrimental manner to achieve certain energy policy goals. The energy sector and energy law are constantly developing due to changing circumstances. The current change is driven by the energy transition and the move towards a low-carbon economy. Environmental protection, human rights and renewable energy production are key issues of the energy transition. These issues are getting more and more attention in energy policies. Investment treaty provisions, and especially the FET standard, have usually been drafted in a vague manner which does not explicitly tell what the relationship is between investment protection and host state’s regulatory right. This has led to many different conceptions of the doctrine of legitimate expectations. These conceptions have usually either been overinclusive or underinclusive. This thesis suggests that most investment treaties should be interpreted in a balanced manner that considers both the interests of investors and host states. Therefore, a balancing approach where investors’ expectations are weighed against the host states’ right to regulate is needed. It is argued in this thesis that a conception on the protection of expectations should be based on the principles of legal certain and proportionality. A justification that is based on these two principles could be applied in a manner that is balanced and would not be over- or underinclusive. This principle-based approach would replace the doctrine of legitimate expectations. According to this approach legitimate expectations would only be an element that should be considered in the assessment on whether investors right to legal certainty has been breached, but legitimate expectations would not constitute a self-standing doctrine with direct legal effect. This thesis argues that a similar approach used in EU law should be applied in international investment disputes. In EU law the principle of legal certainty is just one principle that should be weighed against other core principles of the EU. Therefore, it is suggested that when assessing if investors’ expectations should be protected in specific circumstances, arbitral tribunals should use and weigh the international energy law principles against the principle of legal certainty when conducting a proportionality assessment. It is concluded that this principles based approach would be the most suitable conception for the protection of investors’ expectations as it would not be under- or overinclusive and it could be used in a flexible manner to changing circumstances in the energy market. This principle-based approach would be allowed under the current normative framework. However, it would be sensible to include in investment treaties that when considering if investors’ expectations should be protected, arbitral tribunals should rely on the principle of legal certainty, and conduct a proportionality assessment where all circumstances relating to the investment and the state measure are considered. As this thesis concerns the question of whether the current framework allows treaties to be interpreted in a balanced manner, the thesis will mainly rely on doctrinal research. In addition, by applying an inductive methodology this thesis will answer whether the doctrine has been conceptualized in a suitable manner in investment disputes.

In the last years those companies that pay close attention to transition of their business models to circular economy have adopted good practices to deal with waste prevention and management. High voluntary standards are set and enforced throughout the supply chain. However, good practices and high voluntary standards are taken seriously by the limited number of companies, predominantly, by those who want to be on rider’s seat and show example to peers. The recent EU Circular Economy Action Plan, released in March 2020, emphasizes that scaling up the circular economy from front-runners to the mainstream economic players will make a decisive contribution to transition to circular economy that will help to achieve climate neutrality by 2050, decoupling economic growth from resource use, keeping resource consumption within planetary boundaries. The Master Thesis departs from the assumption that there is a need for legal reform in the fields of circular economy law and company law to enhance circular economy for business. It is essential to turn modern policies that are in place into reality on the ground. The project aims to answer the question what legal reforms are necessary and should be prioritized.