Peaceful rapprochement between Taiwan and the People’s Republic of China observed throughout the first and most of the second term of Taiwan’s President Ma Ying-jeou have been founded on two pillars: deepening economic cooperation and high level diplomacy. The strategy was pursued predominantly in the public dimension with apparent intention to limit popular involvement in the complex negotiations, but this political practice has reached its limits. Recent political, social and economic developments in Taiwan, as reflected in the Sunflower Movement, have shown that democratic changes in the Island are too significant to be ignored in high level diplomacy and economic integration scenarios. It is time to add another actor to the cross-strait equation: Taiwanese society with its political expectations, fears and ambitions. This might exert an impact not only on the 2016 parliamentary and presidential elections in Taiwan, but also on future relations with the PRC.
As the political centre of the World international stage gravitates toward East Asia, so does the political reality of the Post-Soviet Space. This process works in favour of the Peoples’ Republic of China, is a source of new tensions within the Russian Federation and undermines the effectiveness of US and European policies. The New Silk Road and the Asian Infrastructure Investment Bank initiatives show that PRC has both the means and the determination to actively broaden its sphere of influence. However, the Chinese patterns of expansion do not have to follow the nature of Russian-Western competition the World got used to after 1991. As the local players are increasingly assertive and PRC economy is slowing down, it’s also important to notice the first clouds gathering over Chinese aspirations in the region. The article presents an overview of the major approaches to political change, international competition and integration trajectories within the Post-Soviet space. It focuses on the major actors active within the Post-Soviet Space, namely the Russian Federation, the United States and the Peoples’ Republic of China, the strategies they follow, mediums they choose to execute their strategies and an evaluation of effects of their activity after the collapse of the USSR.
The paper deals with the contemporary Chinese capitalism. The author discusses key features of Chinese political economy in the context of profound transformation it currently undergoes. The author claims that the change is a dynamic process of adaptation of the Chinese state to external environment combined with a struggle of state institutions to retain political power and social legitimacy. As a result the transformation process may be described as multilinear, 50 instead of speaking about 'Chinese model of capitalism', it is more appropriate to use a plural form, and speak about 'Chinese models of capitalism'.
The European Arrest Warrant is an essential part of the legal culture of the European Union. In order to ensure proper implementation of the Framework Decision, in 2006 the Polish Constitution was amended. The amendment abolished the existing ban on extradition of Polish citizens abroad, which was contrary to the essence of the EAW. The adopted constitutional amendment, however, still raises doubts as to its compatibility with the requirements of the Framework Decision. This applies in particular to the exclusive jurisdiction of the Polish State in the sphere of punishment for committing a crime committed within its territory, as well as the requirement of double criminality. In addition, the Polish Constitution provides for the prohibition of extradition of persons who are suspected of committing a crime for political reasons but without the use of force. A further exclusion concerns an extradition which would violate rights and freedoms of persons and citizens. This article is a voice in the discussion, indicating that the restrictions contained in the Polish Constitution are in line with the aim of the Framework Decision of the EAW. The mean to achieve this is to adopt a pro-European interpretation of the Constitution, thereby avoiding the need for its legislative change. A separate issue concerns the aim of the EAW itself. It is related to the creation of a situation where going abroad will not cause an escape from justice. The contemplation proves that this objective of the EAW, even in the case of constitutional restrictions, can also be achieved. In addition, this article consolidates the Polish Constitution, made under the influence of the EAW, with issues of state sovereignty, the inclusion of citizenship and the principles of exclusive state jurisdiction in criminal matters. These are all considerations that must be taken into account when evaluating the European Framework Decision with the national legal order, also at the constitutional level.
The article concerns a completely new institution of the Polish political order, connected with the electoral law. It was introduced by a judgment of the Constitutional Tribunal of November 3, 2006 (reference number K 31/06). This judgment introduced into the legal system an institution which could be called "legislative silence” and it provides that at least six months shall elapse between the change of the electoral law and the last day on which it is possible to order elections. The paper raises theoretical issues regarding the reliability of elections in the political system of a democratic state. It also analyses certain recommendations made by the Venice Commission concerning electoral law. In this regard, the article contains the discussion on the place of the soft law of the Council of Europe in the Polish constitutional order. The other part of the study focuses on the jurisprudence of the Polish Constitutional Tribunal in relation to the issue of admissibility of changes in the electoral law. The role of the prohibition of amending electoral law six months prior to the elections is discussed from a democratic state point of view. The article also describes the practical aspects of the implementation of the prohibition in question. It concerns in particular the temporal issues and indicates the substance of the prohibition on amending the electoral law. The study is, on the one hand, an attempt to describe the institution introduced into the legal order by the ruling of the Constitutional Tribunal and, on the other hand, it illustrates the complexity of the electoral system and the Court's interference in it.
Konstytucja RP przewiduje dla polskich obywateli prawo do opieki dyplomatycznej i kon-sularnej, które może być realizowane podczas ich pobytu za granicą. Artykuł zwraca uwagę na potrzebę interpretacji przepisu Konstytucji RP przy uwzględnieniu regulacji prawa międzynarodowego. Formułuje również tezę, że na sposób stosowania omawia-nego uprawnienia istotny wpływ mają bieżące stosunki międzynarodowe, w tym relacje o charakterze politycznym lub gospodarczym. Dalsza część artykułu zawiera omówie-nie kwestii zakresu podmiotowego art. 36 Konstytucji RP i wiąże prawo do opieki poza granicami kraju z instytucją obywatelstwa. Poruszane są również kwestie tzw. porzuce-nia obywatela oraz możliwości objęcia opieką osób, które nie posiadają polskiego obywa-telstwa. Ostatnia część opracowania poświęcona jest zagadnieniu treści prawa do opieki. Zwrócono uwagę na niedefiniowalność pojęć „opieki dyplomatycznej” oraz „opieki kon-sularnej”. Istotny jest tu również aspekt praktyczny, polegający na właściwie nieograni-czonym prawie państwa do reprezentacji swojego obywatela za granicą.
EN
The Constitution of the Republic of Poland provides for Polish citizens the right to dip-lomatic and consular protection, which may be implemented during their stay abroad. The article draws attention to the need to interpret the provision of the Constitution of the Republic of Poland, taking into account the regulations of international law. It also formulates the thesis that the current international relations of a political or econom-ic nature have a significant influence on the manner of applying the discussed law. The rest of the article discusses the subject matter of art. 36 of the Constitution of the Re-public of Poland and associates the right to care abroad with the institution of citizen-ship. The issues of the so-called abandonment of the citizen and the possibility of taking care of people who do not have Polish citizenship. The last part of the study is devoted to the issue of the content of the right to care. Attention was drawn to the indefinability of the concepts of diplomatic care and consular protection. What is also important there is the practical aspect, consisting in the virtually unlimited right of the state to repre-sent its citizen abroad.
The Chinese foreign Policy is dialectically intertwined with the state of Chinese economy. However, the economical aspirations of the Middle Kingdom are not the only fundamental motives of the Chinese diplomacy. State’s security still plays a very important role for Peoples’ Republic of China. Authorities in Beijing also emphasize the development of Middle Kingdom’s Soft Power as well as fostering the political links with the developing states. Complexity of PRC’s motives in international relations makes Western theoretical approaches in assessing tchem of little use. The basic problem in assessing the nature of Chinese international policy is the fact, that since 1989 China undergoes two dramatic processes: expansion (kuozhan) and reconstruction (chongjian). On one hand, expanding Chinese influence reaches further than ever in history. In this context, PRC’s development faces both traditional and unconventional threats. On the other, the process of reconstruction introduced a fundamental shift from a heavily ideologically inclined Mao approach to more nuanced strategies of nowadays. Analysis of Chinese politics is further complicated not only by Chinese actions but also by dynamics of the contemporary international change. PRC is the first Power of post Cold War era developed mostly on the basis of political, economic and social advantages of globalization. In consequence judging Chinese foreign politics on the basis of 20th century Western political categories misses the nature of the ongoing changes. Thus, it is more useful to analyze specific Chinese actions than assessing them through lenses of the theoretical models used in the West. In this respect a closer look at Chinese political actions regarding Post-Soviet Central Asia, its place in energy, security and Power politics, may prove to be surprisingly useful.
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