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1

Continuing situations as a source of States’ responsibility in international law – current tendencies

100%

Mężykowska A.

Studia Prawnicze

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2012

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issue 3 (191)

5-23

EN

The article presents an analysis of continuing situations stricto sensu, with the main focus on the domain of human rights. The concept finds its application in circumstances where there is a continuum between the past and presence. Despite the fact that it traces back to the 19th century, the exact scope of its application as well as the legal consequences are disputable. The purpose of this analysis is to indicate the legal aspects that have to be taken into account while assessing this continuity. The author provides an overview of the relevant case-law of international courts: the Permanent Court of International Justice, European Court of Human Rights and International Court of Justice. Due to the fact that the possibility of continuing situations was foreseen by the International Law Commission, the paper refers to Article 14 of its Draft Articles on State Responsibility. The author argues that the case-law developed by international judicial organs on the basis /or in reference to international human rights treaties reflects the understanding of continuing situations in general international law. However, the key factor allowing to classify a situation as a continuing one refers to identifying the legal aspects of the continuity. Consequently, the following elements are of crucial importance in the discussion: the scope of the international obligation, the acts/or facts constituting the alleged interference in the right, date of commission of the interference, as well as the special circumstances of the case. Taking into account the evolving character of obligations incumbent upon states in the field of human rights, the concept of continuing situations may have significant effect on the accountability of certain acts for states and, as a result, increase the protection of potential victims.

2

The doctrine of implied powers of international organizations in the case law of international tribunals

88%

Gadkowski A.

Adam Mickiewicz University Law Review

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2016

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vol. 6

45-59

EN

The aim of this article is to present the contribution of international tribunals to the development of the doctrine of implied powers of international organizations. The author discusses the case law and the position presented by the PCIJ and the ICJ regarding the powers of international organizations. He points to the basis for implication of powers of international organizations and the limitation of such implication and presents a noticeable evolution of the tribunals view on the issue of implied powers.

3

International and Municipal Law before the World Court: One or Two Legal Orders?

51%

Tomka P., Howley J., Proulx V.-J.

Polish Yearbook of International Law

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2015

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vol. 35

11-46

EN

This article provides an overview of the approach taken by the International Court of Justice and its predecessor, the Permanent Court of International Justice, to questions of municipal law. Beginning with an outline of the theoretical framework, it discusses the conventional position that domestic law is a factual issue for the Court, before considering the ways in which the two Courts have utilised municipal law. It also considers to what extent the Court employs domestic law in ascertaining international legal rules.

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1 Adam Mickiewicz University Law Review

1 Polish Yearbook of International Law

1 Studia Prawnicze

1 Gadkowski A.

1 Howley J.

1 Mężykowska A.

1 Proulx V.-J.

1 Tomka P.

2 2016

1 2012

Continuing situations as a source of States’ responsibility in international law – current tendencies

The doctrine of implied powers of international organizations in the case law of international tribunals

International and Municipal Law before the World Court: One or Two Legal Orders?