Search results - CEJSH

1

Bacteriological (Biological) and Toxin Weapons as the Source of Endangerment for the Contemporary World and the Reason for the International Law Regulations Being a Subject of Abuse

100%

Stankiewicz W.

Polish Political Science Yearbook

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2006

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vol. 35

16-32

EN

Among the kinds of CB Weapons, the chemical one might be considered as the one with the longest history of widespread warfare applicability, whereas the biological one as the developed problem of the recent two centuries but also having its roots in ancient eras. The consequences of the usage of CBs are acknowledged by the international conventions dealing with the CB phenomenon. Although the provisions provide solutions and declarations of the minimised usage of CB weapons as the method of warfare and the limited laboratory testing in accordance to the sake of all mankind, the problem still exists. Nowadays, it is especially discussed after the events of 11.09.2001, which brought about the airborne attack on the the two towers of the World Trade Centre in New York and the proceeding events of the Bacillus anthracis4 intoxication spread across the United States of America.

2

Prawne implikacje wybranych elementów terminu „wojna hybrydowa”

87%

Ochmann P.

Studia Prawa Publicznego

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2019

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issue 4(28)

125-147

EN

The term ‘hybrid war’ is not a legal term. It belongs to the terminology and concepts used in the studies on international relationships. Due to its popularization in mass media it has recently started to be used in new contexts. The purpose of the article is to ascertain the precise meaning of the term, and to determine the legal implications which a particular understanding of it may have in international public law. Certain understandings or interpretations of a given term determine its legal consequences and allow the assessment of their implications from the point of view of international law. Therefore in the first part of the article, a review and an examination of different ways of understanding the term ‘hybrid war’ have been conducted. Although the definitions that had been analyzed are noteworthy and they emphasize some aspects of the ‘hybrid war,’ they lack a definition of the term that would take into consideration all the dimensions of the issue of a hybrid war. Thus the attempt taken by the author to propose his own definition, aggregating all observations and insights made by the international relations experts so far, and enumerating the distinctive characteristics of hybrid wars. After that, some typical elements of a hybrid war are analyzed from the point of view of international public law. The paper investigates the possibility of qualifying hybrid methods as the ‘use of force,’ an ‘aggression’ and an ‘armed attack’ within the meaning of the United Nations Charter. It also examines the admissibility of a counter-attack within the framework of the right to self- defence. The issue raises many doubts particularly with regard to activities from below the threshold of war that are distinctive characteristics of a hybrid war. The legal implications of the use of a non-state actor to conduct an armed activity under international law were also raised, being referred to as proxy war.

3

Transboundary pipelines and the Arctic: legal issues

85%

Vylegzhanin A. N., Moskwa U.

Adam Mickiewicz University Law Review

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2016

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vol. 6

27-43

PL

In the universal sources of modern international law, the regime of cross-border pipelines is set out only in general terms. It is true even regarding the 1982 UN Convention on the Law of the Sea, which provides the most developed regulations relating to laying such pipelines. National legal rules applicable to laying pipelines, however, in practice provide for additional requirements which go beyond conventional rules. Relevant national laws are often based on international environmental law, including multilateral environmental treaties. Existing regional treaties providing regulations on cross-border pipelines are most often also of a framework nature.

4

Koncepcje statusu prawnego Arktyki

85%

Wojas J.

Adam Mickiewicz University Law Review

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2015

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vol. 5

39-53

EN

The Arctic is a place which generates widespread interest on the international stage. This region, which was seemingly forgotten after the end of the Cold War, has again become a place of great rivalry. The reason for this is primarily the shrinking of the Arctic ice cap, which has opened up the possibility of exploiting the region’s rich natural resources and using new, attractive, maritime routes.The problem which arises in connection with these possibilities is the lack of a specific legal status for this area. Arctic countries, in this case meaning the big five of the Arctic, which are the states which have direct access to the Arctic Sea: Denmark (via Greenland), Canada, Norway, Russia and the United States, have submitted their own proposals for the regulation of the legal regime around the North Pole. The most important issues are considered to be: the concept of sectors, the common heritage of humanity and the rule of law subjecting the Arctic sea. These three issues arise from different periods and though many of their elements are varied, they also have convergent points. It is likely that the status of this strategic area will be based on one of them.

5

Non-Financial Reporting in the Light of International Regulations and EU Directives

85%

Ryszard Kamiński R.

Adam Mickiewicz University Law Review

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2018

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vol. 8

EN

The need to standardise non-financial reporting to ensure its transparency and clarity is noted by researchers and reporting organisations. In their opinion, the reports should be clear, transparent and comparable and stakeholders should be able to fully satisfy their information requirements. Bearing in mind this assumptions the aim of the study is to analyse the non-Financial reporting system within the scope of international and Eu-ropean Union law. The author pays attention to the essence of reporting non-financial Information and its standards, EU Directives and Guidelines of Discolure.

6

Book review: Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013

80%

Balcerzak M.

Polish Yearbook of International Law

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2014

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vol. 34

323-327

EN

Review of a book: Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013

7

Book Review: Antonio Augusto Cançado Trindade, The Access of Individuals to International Justice, Oxford University Press, Oxford: 2011

80%

Kałduński M.

Polish Yearbook of International Law

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2019

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vol. 39

297-303

EN

Review of a book: Antonio Augusto Cançado Trindade, The Access of Individuals to International Justice, Oxford University Press, Oxford: 2011

8

Limits to Security Council Powers Under the UN Charter and Issues of Charter Interpretation

80%

Arcari M.

Polish Yearbook of International Law

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2012

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vol. 32

239-257

EN

This article deals with the interpretation of Security Council powers under the UN Charter, and analyses available interpretive options. The various approaches, inspired by the textual, teleological, “subsequent practice”, and “systemic” methods of interpretation, as well as the complementary means of interpretation supplied by the preparatory works of San Francisco Conference, are successively considered and their relative advantages and shortcomings comparatively assessed. The article argues that recourse to one or the other from among the available interpretive methods can be influenced in individual cases by political and judicial contingencies, and that as a whole the interpretation of Security Council powers under the Charter is an evolving process, the variations of which may depend on the changing needs of collective security and of the international legal order at large.

9

Polish Bibliography of International and European Law 2014

80%

Polish Yearbook of International Law

|

2014

|

vol. 34

331-376

EN

Polish bibliography of international and European law for 2014

10

Pojęcie i źródła prawa międzynarodowego.

80%

Chmielowiec A.

Roczniki Administracji i Prawa

|

2013

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vol. 13

89-101

PL

Przez stulecia kwestia wzajemnych relacji między prawem międzynarodowym a prawem krajowym nie wzbudzała większego zainteresowania; fakt ten był ściśle skorelowany z tym, że działały one na różnych płaszczyznach. Prawo krajowe regulowało stosunki wewnętrzne w państwie, zaś międzynarodowe było głównie prawem wojny. Dziś w zasadzie nie ma już dziedziny, której prawo międzynarodowe nie obejmowałoby swoimi regulacjami, dlatego też zagadnienie miejsca i roli norm prawnomiędzynarodowych w wewnętrznym porządku prawnym ma dziś coraz większe znaczenie praktyczne. Dotyczy to sfery gospodarki, relacji dyplomatycznych i konsularnych, norm związanych z przestrzenią kosmiczną, prawa konfliktów zbrojnych, a w szczególnym stopniu ochrony praw człowieka. Właśnie ze względu na tak szerokie spectrum regulacji prawa międzynarodowego już na etapie formułowania definicji napotykamy na szereg problematycznych kwestii. Współczesne prawo międzynarodowe nie może już dłużej być charakteryzowane jedynie jako normy regulujące wzajemne relacje międzypaństwowe, nawet jeśli opis ten połączony jest z zastrzeżeniami czy wyjątkami. Prawo rządzące stosunkami między państwami jest bowiem jedną z wielu, lecz nie jedyną, większą jego kategorią. Prawo międzynarodowe to specyficzny porządek prawny zorganizowanej społeczności globalnej ustanowionej na bazie państwowej, dzięki czemu normy te spełniają wielorakie funkcje poprzez szereg międzynarodowych regulacji czy też instytucji o charakterze powszechnym, regionalnym i wielostronnym. Dlatego właśnie obecnie przyjmuje się, że prawo międzynarodowe to zbiór norm prawnych regulujących stosunki wzajemne pomiędzy państwami, państwami a innymi podmiotami, a także między innymi podmiotami prawa międzynarodowego.

EN

For hundreds of years mutual relationships between the international and the national law had not aroused much interest, which was closely connected with the fact that they existed at different levels. The national law regulated internal relationships within the state whereas the international law was predominantly the law of war. Currently, there is no area that is not covered by regulations of the international law. Therefore, the issue of place and role of legal international standards in the internal law is currently is gaining practical significance in the areas like economy, diplomatic and consular relationships, standards for the cosmic space, the law of military conflicts, and protection of human rights in particular. Due to such a wide range of areas covered by the international law, numerous problems arise at the stage of formulating a definition. Current international law can no longer be regarded as only regulatory standards of mutual international relationships, even if the description includes reservations or exceptions. The law regulating relationships between states constitutes one of its many significant parts, but not the only one. The international law is a specific legal system of organised global society established on the state basis, due to which these standards fulfil various roles through a number of international regulations or institutions acting at common, regional and multi-lateral level. Therefore, it iscurrently assumed that the international law is a set of legal standards regulating mutual relationships between states, states and other entities as well as other entities under the international law.

11

Book review: Lauri Mälksoo, Russian Approaches to International Law, Oxford University Press, Oxford: 2015

80%

Issaeva M.

Polish Yearbook of International Law

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2015

|

vol. 35

351-358

EN

Review of a book: Lauri Mälksoo, Russian Approaches to International Law, Oxford University Press, Oxford: 2015

12

Execution on an Embassy Bank Account

80%

Wyrozumska A.

Polish Yearbook of International Law

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2012

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vol. 32

75-87

EN

Recently Polish courts have started to attach bank accounts of foreign embassies for the purpose of enforcement of judgements against embassies of foreign States in e.g. employment cases. The courts have applied the same principle to jurisdictional State immunity and immunity from enforcement and recognized that if state activities giving rise to the claims examined by courts were of private-law character, they are not protected either by jurisdictional or enforcement immunity. This standpoint is contrary to the dominant trend in other states’ practice, confirmed by the International Court of Justice in 2012 (Germany v. Italy: Greece Intervening). While in the field of jurisdictional immunity, the nature of an act as iure imperii or iure gestionis is decisive, in a case of immunity from enforcement – the allocation of the property against which enforcement measures are sought. Embassy bank accounts are generally covered by immunity from enforcement. In this situation Polish courts should develop convincing and exhaustive reasons why it is necessary for the protection of an individual to overrule the ne impediatur legatio principle. The judgements are not sufficiently reasoned and there is no good argument to support this stance. They expose Poland to international liability.

13

Polish Bibliography of International and European law for 2015

80%

Instytut Nauk Prawnych PAN I. N. P.

Polish Yearbook of International Law

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2015

|

vol. 35

365-407

EN

Polish bibliography of international and European law for 2015

14

Book review: Patrycja Dąbrowska-Kłosińska (ed.), Essays on Global Safety Governance: Challenges and Solutions, Centre for Europe, University of Warsaw, Warszawa: 2015

80%

Gonçalves M. E.

Polish Yearbook of International Law

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2015

|

vol. 35

359-364

EN

Review of a book: Patrycja Dąbrowska-Kłosińska (ed.), Essays on Global Safety Governance: Challenges and Solutions, Centre for Europe, University of Warsaw, Warszawa: 2015

15

The Polish Practice Regarding the Promulgation of International Agreements between 1945 and 2017

80%

Wierczyński G.

Polish Yearbook of International Law

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2016

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vol. 36

257-266

EN

This article presents the Polish practice of promulgation of international agreements since the end of World War II. It shows that the practice is at variance with the law and makes it difficult to determine the current legal situation vis-à-vis international agreements in Poland. In the conclusions the author puts forward de lege ferenda proposals which could improve the Polish promulgation practice.

16

Right to Asylum: Short Overview of the Case-Law of the European Court of Human Rights

80%

Pūraitė A.

Internal Security

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2012

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vol. 4(2)

47-60

EN

The main aim of the article is to describe the right of people seeking asylum in Europe, which are protected under several international and regional legal documents. These legal instruments may be divided into two main groups: those dedicated to human rights and where mention of right to asylum is incidental; and those directly regulating the right to asylum and all connecting issues. Though the European Convention on Human Rights, on the other hand, was intended to provide a legal regional recognition of most of the rights set out in the Universal Declaration of Human Rights and to provide international mechanisms to police their implementation, it did not, however, contain any express provision, which guarantees the right to seek and enjoy asylum from persecution. Therefore the main question could be under what provisions asylum seekers may protect their rights in the European Court of Human Rights. Therefore the object of the research is the provisions of the European Convention on Human Rights, under which persons seeking asylum may protect their rights. The main objective of the research is to analyze the case-law of the European Court of Human Rights reflecting the implementation of provisions to protect the right to asylum. The analysis will be based on representative cases under article 3 of the Convention such as e.g. Jabari v. Turkey, H.L.R. v. France, D. v. the United Kingdom, Ahmed v. Austria, Salah Sheekh v. the Netherlands.

17

Transnational Organized Crime — Ten Years of the Palermo Convention

80%

Galicki Z.

Internal Security

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2010

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vol. 2(2)

87-102

EN

The Article is connected with the tenth anniversary of the opening for signature of the United Nations Convention against Transnational Organized Crime, known generally as “the Palermo Convention”. It covers the main subtopics presented in the text under the following subtitles: 1) Tenth anniversary of the Convention; 2) Development of the phenomenon; 3) International counter-action – the United Nations; 4) The Palermo Convention and Protocols – main substance; 5) Relationship between the Palermo Convention and its Protocols; 6) Future activities and further instruments of the United Nations; 7) Transnational organized crime and the European Union; 8) Transnational organized crime and international security.The core of legal analysis is contained in the fourth part, presenting the main substance of the Palermo Convention and its Protocols.The last parts of the article are devoted to the short presentation of the main streams of further development of international legal activities connected with the combating transnational organized crime, mainly within the United Nations system and the European Union. In final, the following conclusion summarizes the considerations made by the author: If the international community really wants to find and exercise effective measures against transnational organized crime, it seems inevitable to come, as soon as possible, to the conclusion that these acts are not only contrary to internal criminal laws of individual States, but that they may create a real threat to international peace and security, mostly because of their substantial gravity, organized form and transnational nature.

18

Beijing Convention and Beijing Protocol. Changes in the International and Legal Model for Combatting Aviation Terrorism

80%

Aleksandrowicz T.

Internal Security

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2020

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vol. 12(2)

177-190

EN

The article deals with the issue of the Beijing reform of international criminal aviation law. The author analyses the relevant applicable international law and confronts it with the new legal regulations adopted at the International Civil Aviation Organisation (ICAO) conference in Beijing in 2010. As a result, the author states that the basic change involves the expansion of the catalogue of acts subject to criminalisation as well as the expansion of the circle of persons participating in or supporting actions involving the commission of acts that pose a threat to the safety of civil aviation; the system also specifies the responsibility of collective entities (the so-called ‘Al Qaeda’ clause). The author is deeply convinced that the development of the Tokyo-Hague-Montreal-Beijing system, which is part of the whole international legal system of combatting terrorism, including its financing, is fully justified. The new regulations also make this system more coherent. It is also worth adding that the adoption of the Beijing Convention and the Beijing Protocol is part of the implementation of the Global Counter-Terrorism Strategy adopted by the United Nations.

19

The Stockholm Programme and Its Relevance for European Police Education

80%

Holtackers M.

Internal Security

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2010

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vol. 2(2)

81-86

EN

The Area of Freedom, Security and Justice is a precondition for the functioning of the single market in Europe. Any menace of the market will directly jeopardize the quality of life of European citizens. Providing security and safety is not exclusively a responsibility for nations any more. Fighting typical сross-border crime requires an international approach in which member states of the EU must work together. Therefore the European dimension in policing should have a sound position in national police training programmes. This article makes a case, based on four separate arguments, for adhering a more prominent position in higher European police education to the policy-making process and content of the Stockholm Programme. As has become apparent from learning activities from the European Police College (CEPOL) and the Association of European Police Colleges (AEPC), the Stockholm programme offers an excellent learning tool because of the several concrete examples which allow a deepening of our understanding of police and judicial co-operation. In particular the Stockholm programme offers excellent opportunities to explore and to get familiar to the principle of availability, the principal of mutual recognition, the principle of subsidiarity related to the international dimension and finally the importance of human rights in the security policy.

20

Exercise of Criminal Procedural Jurisdiction by Consular Officers in the Compound of Diplomatic Missions and Consular Posts

80%

Litvishko P.

Internal Security

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2012

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vol. 4(1)

89-98

EN

The article contains analysis on the specifics of conducting investigative and other procedural actions by consular officers in the framework of consular legal assistance in criminal matters for competent authorities of the sending state. The importance of this consular function increases significantly in the circumstances of the impossibility for law enforcement authorities of the sending state to carry out independent activity on the compound of its foreign mission without the consent of the receiving state. Some legal implications of conducting procedural actions by consuls are highlighted with due consideration to the fact, that the compound of a foreign mission constitutes the territory of the receiving state (problems of voluntariness on the part of the participant of the action, permissibility of advising him of criminal responsibility, participation of lawyers and law enforcement officers of the sending state, limited application of the law of the sending state), as well as the issues of obtaining the receiving state’s permission to carry out respective actions, certain limitations on them (depending on the nationality of the participant of the action etc.). The article also deals with the terminology used to define the said kind of legal assistance in international treaties and domestic law. In terms of legal regulation and practical application of that consular function, of particular interest are those existing in Germany (detailed regulations and application in extraordinary cases), Poland (precedence over international legal assistance in criminal matters) and Russia (inconsistency of legal regulations and non-application of that institution). The author’s conclusion is that in spite of its certain inherent disadvantages, this kind of legal assistance can play a very significant role in the practice of law enforcement.

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