Estonian Perspective Research Articles

Non-legally Binding Agreements in International Relations: An Estonian Perspective

Legally non-binding international agreements branded as soft law generally receive little respect and are only rarely studied, yet they are becoming ever more common in international relations, stepping on the toes of the international treaty system. Estonia too is concluding memorandums of understanding (MoUs) more and more often and this Chapter gives an overview of its national views and practice. Estonian national legislation sets few limits to legally non-binding agreements, creating a flexible alternative for conducting diplomacy, and MoUs are beneficial especially for establishing contacts and setting out general areas of cooperation. However, procedural complexity seems to be only a small part of the reason why MoUs are often preferred to treaties – more often it is the lack of a legally binding nature itself that is appealing for the participants and such agreements are deemed binding by other means. A lot of effort goes into keeping MoUs clearly legally non-binding, using specific wording and specific terminology to distinguish them from treaties. Yet despite this distinction, MoUs can still affect the international treaty system by way of related interpretation and gradual development of state behaviour and customary international law. MoUs should therefore be drafted with thorough care and quality, in close cooperation with legal experts. A concept so heavily used with considerable effects should be studied and discussed rather than ostracized as simply not being part of the well-known treaty system under international law.

Understanding and Effects of EU Directives

General principles of law, treaties, the EU Charter of Fundamental Rights, regulations, directives, framework decisions and other sources of EU law have their distinctive nature, which is reflected in their effects on legal relationships. This article focuses on the interrelationship between national and EU law, primarily focusing on the various impacts of directives and framework decisions. The Court of Justice of the European Union (CJEU) has clarified that directives may, in certain situations, have both a vertical direct effect and, in some limited cases, also a de facto incidental horizontal direct effect on a legal relationship. In addition, directives can have a decisive role in interpreting national law. These tools to deal with national and EU law inconsistencies are analysed in detail. The chapter aims to establish a comprehensive understanding of the topic and add the Estonian perspective by providing an insight into the practice of the Estonian courts, which has so far not been available to English- speaking legal scholars.

Is European Data Protection Toxic for Innovative AI? An Estonian Perspective

The General Data Protection Regulation (GDPR) is, together with its seven principles, designed to function as the cornerstone of data protection in the European Union. Although the GDPR was meant to keep up with technological and socioeconomic changes while guaranteeing fundamental rights, its unclear wording with regard to the use of artificial intelligence (AI) systems has led to uncertainty. Therefore, the development and application of ever new AI systems raises various, as yet unresolved questions. Moreover, the complexity of legal requirements poses the risk of inhibiting AI innovation in the European Union. On the other hand, the GDPR gives Member States certain leeway to regulate data processing by public authorities. Therefore, data protection requirements for AI systems in public administration must be assessed under both the GDPR and national law. Against this backdrop, the article aims to guide the reader through the relevant data-protection rules applicable to AI systems in both the EU and in Estonia.

On the Chronology of the Miliaresia of Basil II and Constantine VIII: an Estonian Perspective

Les monnaies byzantines sont présentes dans des proportions très marginales dans les trésors nordiques des Xe et XIe siècles. Parmi les pays concernés, l’Estonie arrive en troisième position. Presque toutes les monnaies byzantines qui y ont été découvertes s’échelonnent sur une brève période allant du règne conjoint de Constantin VII et Romain II (945-959) à celui de Basile II et Constantin VIII (976-1025). Si les travaux de Philip Grierson sont une base solide pour aborder l’histoire monétaire byzantine, quelques controverses subsistent concernant la datation de certaines séries de miliaresia frappées sous le règne conjoint de Basile II et Constantin VIII. Les découvertes monétaires d’Estonie et d’autres pays amènent à proposer une nouvelle chronologie : classe I : 977 ; classe IIA : ca 977-990 ; classe IIB : ca 990-1005 ; classe IV : ca 1005-1025. En ce qui concerne la classe III de Grierson, l’auteur suit Werner Seibt pour la dater de l’éphémère règne conjoint des impératrices Zoé et Théodora en 1042. Néanmoins, une datation dans les dernières années du règne conjoint de Basile II et Constantin VIII ne peut être exclue.

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective

Abstract In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to that caused by a self-driving vehicle. In light of this developing technology the key legislative question to be answered is whether the introduction of self-driving vehicles calls for, among other things, the revision of strict liability rules. Answers to these questions are sought mainly based on Estonian tort law.

Shareholder Ledger Using Distributed Ledger Technology: The Estonian Perspective

The article focuses on whether it is possible to use new technologies such as distributed ledger technology (DLT) in shareholder ledger maintenance systems. The article uses Estonia as an example to describe the shortcomings of shareholder ledger maintenance regulation and possible suggestions for reform and applies the principle of technology-neutrality to the subject matter to assess whether the regulation allows the adoption of new technologies, such as DLT, in ledger maintenance. The aim of the principle of technology-neutrality is to secure that the regulator does not create regulation that prefers any particular technology and discriminates against other technologies. Any regulation that is built around a pre-existing technology could suffer from preferring the use of that particular technology and consequently hinder innovation. In the article it is examined whether the ledger maintenance models used in Estonia are benefitting or suffering from the non-existence of technology-neutral technical standards for ledger maintenance and whether the differentiation of treatment of shareholder ledger administrators is justified on the basis of the principle of technology-neutrality.

Aggregate production from burnt oil shale and CO2 – an Estonian perspective

Aggregate production from burnt oil shale and CO₂ – an Estonian perspective

Delictual Liability for Damage Caused by Fully Autonomous Vehicles: The Estonian Perspective

Self-driving vehicles have become a reality. For instance, in the summer of 2017, self-driving buses carried passengers on a designated route in Estonia's capital Tallinn. Regrettably, traffic accidents involving self-driving vehicles have also become a reality. This article focuses on fully autonomous vehicles. The safe and responsible use of fully autonomous vehicles calls for appropriate rules and an appropriate allocation of liability. Above all, fully autonomous vehicles pose a challenge to the law of delict. The article seeks to establish, based on the example of Estonian law, whether the application of delictual liability is affected by the autonomy of a vehicle and, if so, whether related differences are significant, and whether the law of delict needs to be modified in the light thereof. The issues are discussed primarily in the context of Estonian law, but parallels with German law are drawn as well. The conclusions drawn are more or less universal and can be taken into account also in other jurisdictions besides Estonia. The article analyses liability for damage caused by fully autonomous vehicles under general delictual liability, strict liability and product liability.

Immigration of Highly–Skilled Workers to Estonia: Current Trends and Legislative Framework / Imigrácia Kvalifikovanej Pracovnej Sily Do Estónska: Súčasné Trendy A Právny Rámec

Abstract Estonian immigration policies have been largely influenced by its historical development. The figures from 1989 show that the population was only 61.5 percent Estonian by origin with the remaining 38.5 percent belonging to other ethnic backgrounds. Remarkably, 26 percent of the Estonian population were foreign born.(1) After joining the European Union in 2004, Estonia faced a high rate of outward migration, which was connected, inter alia, to the higher average salaries of the other Member States. The rapid expansion of the Estonian economy and growth of employment coupled with the negative population growth contributed to the need of foreign skilled labour.(2) Besides, the recent reform in the education system accounts for shortage of technical specialists in some labour areas.(3) It is thus not surprising that Estonian government employs focused, selective and demand-based immigration strategies to fight the ‘global war for talents’.(4),(5) The objective of the restrictive immigration policy is to attract first and foremost highly qualified professionals in the strategic economic areas while avoiding uncontrolled immigration and increase the sustainability and competitiveness of the Estonian economy. First part of current paper provides an overview of who falls under the classification of a ‘skilled’ worker and the Estonian perspective on talent attraction and retention. The second part lays down the existing legal framework, which covers the conditions and procedures of knowledge-worker’s immigration to Estonia. Particularly, this includes the relatively recent amendments to the Aliens Act 2004, which came into force in 2008 and set forth a facilitated approach towards entry and residence requirements.

The Health-care Provider’s Civil Liability in Cases of Wrongful Life: An Estonian Perspective

Nowadays, Estonian society encourages responsible parenting and the need for family planning is generally considered self-evident. Parents expect to eliminate the risks to the health of the child to be born, with the health-care provider’s assistance. The unexpected birth of a disabled child causes pain and suffering to the parents and the child, along with economic hardship due to additional costs arising from the disability. However, it should be clear that not every birth of a disabled child can or should be followed by the health-care provider’s obligation to compensate for the damage. While case law addressing issues of wrongful life is absent in Estonia, t he article is aimed at providing possible solutions under Estonian law to some of the legally complex problems of the associated cases through analysis of Estonian, German, and US legal literature and case law. The article is focused mainly on the prerequisites for contractual liability under the Estonian Law of Obligations Act. Among other factors, the existence of legally cognisable harm, the non-existence paradox, and the protective effect of the contract for provision of health-care services are analysed.

The Estonian Perspective on the Transposition of the Directive on Collective Management of Copyright and Related Rights

The article considers some key aspects of transposition of the Directive on Collective Management of Copyright and Related Rights into Estonian legislation. Estonia’s collective management system has been in place for more than 20 years without any substantial need for review. It is therefore disputable whether the requirements created by the directive improve the Estonian copyright system or not, but the complicated task of transposition is underway nonetheless. Some fundamental amendments are to be made, the most important one being the introduction of state supervision exercised over collective management organisations. In addition, the article addresses further challenging practical and theoretical issues such as cross-border rights management, the compatibility of activities of collective management organisations with competition regulations (with respect to abuse of dominant position), and matters of cultural diversity that are important to Estonia as a small country.

Estonian Perspective on Cour de Cassation 23 October 2012 (No. 11-12.978)

Estonian Perspective on Cour de Cassation 23 October 2012 (No. 11-12.978)

The Reception of the Works of Boccaccio in Estonia and His Novel Fiammetta

This paper provides a survey of the Estonian reception of Boccaccio’s oeuvre since its beginnings in the 18th century to the reception of the latest publication of the Estonian Decameron in 2004. As the translator of the second work by Boccaccio to be published in Estonian, The Elegy of Lady Fiammetta , I subsequently characterise a number of the major points of the reception of that particular book as well, both in the world and from the Estonian perspective. In the vein of expanding the understanding of and the Estonian reception of Boccaccio’s works as a whole, this article finally discusses and disputes a claim about the handling of tragic motifs in Boccaccio’s oeuvre in the chapter dedicated to Boccaccio of Erich Auerbach’s monograph Mimesis: the Representation of Reality in Western Literature .

The Possibility of Compensation for Damages in Cases of Wrongful Conception, Wrongful Birth and Wrongful Life. An Estonian Perspective

While case law in cases of wrongful conception, wrongful birth and wrongful life is completely missing in Estonia, this article is aimed at providing possible solutions under Estonian law to some of the legally complex problems that these cases contain. Through the analysis of Estonian, German and U.S. legal literature and case law, the article is mainly focused on proposing some solutions to the legal problems concerning compensable damage, but also explains the Estonian legal framework of the contractual and delictual basis for compensation for the damages. The application of several grounds for the possibility of limiting the compensation in the afore-mentioned cases are analysed.

Legal Aspects of Processing Personal Data in Development and Use of Digital Language Resources: The Estonian Perspective

Language research and development of digital language resources creates several legal challenges. The authors’ main focus in this article relates to data protection issues in the context of the development of digital language resources. This article complements the research already done on copyright aspects of digital language resources.In the first section of the article the authors analyse technical and legal nature of digital language resources and language technologies. The authors rely on the previous research and define digital language resources as a database containing oral and written texts. Since the choice of the texts constitutes a creative process then this database is protected as a work. Since the creation of language resources requires considerable investment then it can also be protected as sui generis database.Digital language resources can be used for language research and creation of language technologies. The development of language technologies (e.g. spelling checkers, machine translation, speech synthesis and recognition) relies on the existing digital language resources. Language research and language technologies are crucial for the survival of a language in the internet era. The main legal issue here is that the texts used may contain personal data.In the second section of the article the authors concentrate on the processing of personal data for scientific research and other purposes. The processing of the personal data can be based on the consent of data subject or exceptions allowed by law.In the third section of the article the authors focus on specific aspects of processing personal data in context of digital language resources. The authors address the specific issues relating to oral speech and then focus on problems common to both of them.The authors conclude that language research offers tremendous opportunities to address multilingualism issues in Europa. It is also a measure to fight against the extinction of a language. An adequate regulatory framework plays a key role in enhancement of language research.

Limitation of Personal Tort Liability of a Member of the Management Board of a Company - Perspective of Estonia

According to the organic theory acts done by a member of the management board of a company are regarded as acts done by the company itself and usually the corporate veil protects the board members from the claims of third persons. As exception there is still possible a direct tortious liability of a board member to others, as it will be analysed in the article below. Authors are searching in the current work for a reasonable limit of the tort liability of a board member, from the Estonian perspective. The main bases of the tort liability, analysed in the article, are violation of a protective provision, intentional behaviour contrary to good morals and providing incorrect information.

Connecting Prepaid Cards and Retail Loans: Innovative Practical Solution or Confusing Legal Combination? Implications of the EU Financial Services Law from an Estonian Perspective

AbstractA prepaid card is a fairly new financial product that is part of the global innovations in financial services of the last 10 years. Some non-bank financing companies (e.g., SMS loan providers) have further advanced this product by linking prepaid cards to retail loans, which entails more developed transaction schemes and technical solutions. This combination is seen as a practical solution that broadens the customer base of loan providers and improves consumer convenience. However, from a legal point of view, practicality often entails complexity.This article seeks to address some of the major legal features and positions with regard to the prepaid card and its combination with a retail loan. In doing so, it will review the position of a prepaid card and the status of the issuer within the existing legal framework in Estonia. It also seeks to explain how the idea of linking prepaid cards with retail loans is being carried in practical terms through a complex network of agreements. We shall also discuss treating a prepaid card as an instrument of electronic money or some other form of payment, and examine the functions and licensing of an issuer. In anticipating potential discussion of the above topics from the perspective of a member state, this article compares the principles of EU law and the legal framework of Estonia. While we shall briefly deal with certain aspects of consumer protection, the focus of the article is on examining the relevant financial services legislation.

History of experimental psychology from an Estonian perspective

A short review of the development of experimental psychology from an Estonian perspective is presented. The first rector after the reopening of the University of Dorpat (Tartu) in 1802, Georg Friedrich Parrot (1767-1852) was interested in optical phenomena which he attempted to explain by introducing the concept of unconscious inferences, anticipating a similar theory proposed by Herman von Helmholtz 20 years later. One of the next rectors, Alfred Wilhelm Volkmann (1800-1878) was regarded by Edwin Boring as one of the founding fathers of the experimental psychology. Georg Wilhelm Struve (1793-1864) played an essential part in solving the problem of personal equations. Arthur Joachim von Oettingen (1836-1920) developed a theory of music harmony, which stimulated his student Wilhelm Friedrich Ostwald (1853-1932) to study colour harmony. Emil Kraepelin (1856-1926), the founder of modern psychiatry, is by far the most important experimental psychologist who has worked in Estonia. His successor Wladimir von Tchisch (1855-1922), another student of Wilhelm Wundt, continued Kraepelin's work in experimental psychology. The lives of Wolfgang Köhler (1887-1967), who was born in Reval (Tallinn), and Oswald Külpe (1862-1915), who graduated from the University of Dorpat, extended the link between the history of experimental psychology and Estonia. Karl Gustav Girgensohn (1875-1925), the founder of the Dorpat School of the psychology of religion, stretched the use of experimental methods to the study of religious experience.