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1

STRUČNÝ EXKURZ NÁVRHOM PRINCÍPOV OCHRANY ŽIVOTNÉHO PROSTREDIA VO VZŤAHU K OZBROJENÝM KONFLIKTOM

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Panigaj J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 4
333 – 353
EN
In recent years, the international community has been accentuating importance of the protection of the environment more and more. However, the utmost attention is devoted to its protection in peace times or to protection as such in general. In relation to armed conflicts, it is submitted that we used to observe only a partial enhancement. Nonetheless, this approach changed rapidly in the first half of 2022, when the International Law Commission completed almost a decade of work on the Draft Principles of Environmental Protection in Relation to Armed Conflicts. This is quite a significant shift, as the subject output of the Commission provides a comprehensive treatment of the aforementioned issue. Without any deviation from this path, it is exactly an analysis of the Commission Proposal itself – first in the light of the overall adoption process, preceding its next part, taking into account the Resolution of the General Assembly from December 2022, which has become the main goal of this contribution. In turn, the question of the impact of the Commission Proposal toward the future will be addressed briefly as well.
2

ENVIRONMENT AND INTERNATIONAL LAW (WITH REGARDS NAMELY ON THE ENVIRONMENT OF GLOBALISATION) (Prostredie a medzinarodne pravo (so zameranim najma na prostredie globalizacie))

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Azud J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 3
248-265
EN
The issue of law and the environment and its change are conditioned by several factors, such as ideology, the impact of the global political system, geopolitics and internal system of states. It is difficult to categorize effects and the importance of individual factors. The system of international law in theory is understood differently. Also in the area of globalisation we live in. This idea was stressed also by International Law Commission of UN. In its report from 2006 named Fragmentation, diversification and extension of the international law and in this report are stressed difficulties rising of this process with regards to globalisation. It is stressed problems arising from the new branches of international law conditioned by development of science and technology, the new problems connected with globalisation etc. This article devoted also the problem of division of international law stressing so call self-contained branches, principles of interpretation of elementary principles of international law. Prediction of its development is difficult. These principles should perhaps add the principle of the right to live in peace and the principle of respect for human rights for all. International law in our view should change into the world law. It may be largely changing in the world in two ways: 1. as the law of mankind, the earth to any existing civilizations on other celestial bodies and their laws. This reasoning is theoretical, hypothetical. 2. The concept of international law, global law would be more consistent with realities.
3

MIESTO MEDZINÁRODNÝCH ORGANIZÁCIÍ V KODIFIKÁCII MEDZINÁRODNÉHO PRÁVA

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Klučka J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 4
373 – 385
EN
During the 70s and 80s of the last century a few new items of the codification´s agenda of International Law Commission (ILC) concerning the international intergovernmental organizations (IGO) have appeared. Heretofore results the ILC work confirm the analysis of this new item from three angles. The main goal of the first was to prepare the set of uniform rules for regulation certain common activities of IGOs regardless of their legal and factual specificities. Similarily as in the agenda concerning states a different level of codification and/or progressive development of international may be identified depending on the „ripeness“ of concrete topic for the purpose of codification.The final results of the ILC work represent four international treaties and one Draft of articles. As regards as international treaties it should be noted Vienna Convention on the Law of Treaties 1969, Vienna Convention on the Representation of States in their Relations with International Organizations of Universal charater of 1975, Vienna Convention on the Succession of States with respect of Treaties 1978, Vienna Convention on the Law of Treaties between States and International Organizations of between International Organizations of 1986 and finally Draft Articles on the Responsibility of International Organizations of 2011.Excepting Vienna Convention of 1975 the Commision has dealt with similar problems namely whether a to what extent the rules of IGOs should have the priority over the codified rules prepared by ILC. Concrete articles of treaties and/or draft articles solve this question regarding the specifities of each concrete topic. As regards as second aspect of ILC work it evaluated the impact of different „external“ factors on the IGOs selected acts and/or activities. The relevent results are presented by the Draft Articles on the Effect of Armed Conflict on Treaties 2011 and Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents of 1973.
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