Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

OVERCOMING THE PAST BY INTERNATIONAL LAW

100%
Kwiecien R.
Polish Yearbook of International Law
|
2009
|
vol. 29
15-50
EN
The efficiency of international law in resolving historical problems depends on the belief of states in law as an implement for ordering their mutual relations. States' uniformity of views concerning the past, as well as their common expectations for the future, are decisive in the formation of this belief. Common appreciation of the past is of particular significance, because international legal rules and norms are the result of historical experiences. Consequently, lack of common vision of the past is responsible in practice for the discrepancy between 'Sein' and 'Sollen'. As Philip Allott pointed out, international law is a bridge between our past and future. However, unless there is a common consent on history by states and nations, this bridge is fragile. As a result, rules and norms of international law are not able to overcome the toxic past of nations, as is evident in, e.g., contemporary Polish-Russian relations. What is more, lack of a common understanding of history by states and nations connected by a common past can even lead to an exacerbation of unresolved historical disputes. Recently, this has been demonstrated in the case of Kosovo, where the weakness of international law is manifested.
2

JUST WAR TRADITION AND AN ISSUE OF VALIDITY OF HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW (Tradycja wojny sprawiedliwej a zagadnienie legalnosci tzw. interwencji humanitarnej w prawie miedzynarodowym)

100%
Kwiecien R.
Studia Prawnicze
|
2009
|
issue 1-2(179-180)
43-64
EN
The issue of humanitarian intervention and debates about it have become one of the most controversial questions in contemporary 'ius ad bellum'. The aim of the article is to discuss a validity of humanitarian intervention in the context of just war tradition. The prohibition of the threat or use of force contained in Article 2(4) of the United Nations Charter, is currently the subject of fundamental disagreement. There is comparable agreement neither states nor scholars on the exact scope of the prohibition. Controversies especially concern so-called 'unilateral humanitarian intervention', that is use of force in pursuit of human rights without express authority from the Security Council. The author argues that just war tradition seems to be an useful tool for solving difficulties surrounding the issue of validity of humanitarian intervention. The just war tradition offers a coexistence of two fundamental values of the international society, that is justice and peace. According to this tradition peace cannot be established without justice, and vice versa justice cannot exist without peace. That is why the tradition can serve as a medium protecting both human rights and international peace and security. Thus one can speak of a 'new life' of the just war tradition in today's international law.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.