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

Results found: 4

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  treaty law
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

The Institution of Full Powers in the Process of Concluding International Agreements

100%
Bąkowski M.
Adam Mickiewicz University Law Review
|
2021
|
vol. 13
97-117
EN
This paper addresses issues related to the institution of full powers in the process of concluding international agreements. The author makes an analysis of the historical evolution of the institution of full powers and discusses the essential elements of the full powers instrument with regard to the representation of the state and international organizations, taking into account current international law regulations. In this regard, the author also refers to international practice and, based on a review of the scholarly literature, attempts to classify full powers.
2
Publication available in full text mode
Content available

Kościoły i związki wyznaniowe a prawo traktatowe Unii Europejskiej

100%
Szewczyk R.
Studia Ełckie
|
2011
|
vol. 13
353-368
EN
The article reveals that the European Union did not formulate any uniformal model of its relation with Churches and religious associations. Religion is not a hot interest of the EU which declares to be religiously neutral. However, for many years when its structures were under construction there were created mechanisms which determine how to deal with Churches and religious associations. In time those mechanisms found their reflection in treaty law and were sanctioned as relations between institutions of Churches and EU. The article presents basic principles of the relation between Churches and EU, and items of the treaty law of EU which institutionalize that relation.
3
Content available remote

Treaty Politics – Sources of Law and Historical Development

88%
Galewska I., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.
The Copernicus Journal of Political Studies
|
2013
|
issue 2 (5)
PL
Initially, treaty politics based on the law of treaties was created exclusively of customary norms. During the process of superseding custom with international agreements, treaties and other documents that contain norms based on treaty authorisation also started to be viewed as the sources of international law. In the political and legal doctrine, the notion of a treaty was interpreted in various manners, due to, among others, the reduced objective scope of treaties. A significant input into the understanding of treaty politics was made by the Vienna Convention on the Law of Treaties of March 25, 1969, which caused that the place and meaning of custom in the international law ceased to be questioned. An element essential for the development of custom is practice, which should be long enough; however, it is difficult to pinpoint the precise length of the required period. It is possible to unambiguously state that customary law may function alongside treaty law of the same content.Full text: http://bazhum.muzhp.pl/czasopismo/589/?idno=14760
4

Projekt rozporządzenia Parlamentu Europejskiego i Rady w sprawie Wspólnego Europejskiego Prawa Sprzedaży

63%
Wolski D.
Kwartalnik Prawa Prywatnego
|
2012
|
vol. 21
|
issue 3
809-827
EN
On 11th of October 2011 the European Commission (EC) announced draft of the Regulation of the European Parliament and of the Council on Common European Sales Law (Regulation). This is a result of works on harmonization of European private law, especially contract law, lasting for a long time. Draft Common Frame of Reference (DCFR), Green Paper from the Commission on policy options for progress towards a European Contracts Law for Consumers and Businesses and drawn up by the Expert Group Feasibility Study (last version dated on 19th of August 2011) are considered as the main stages in the harmonization of European contract law process. Finally, the European Commission decided to limit the scope of draft of the Regulation presented last year to B2C and certain B2B cross-border transactions within the European Union. This means that the scope of current EC proposal significantly differs in particularly from DCFR , which encompassed not only almost all contract law relations, but also non-contractual liability. Consequently, such a ‘narrow’ scope of the EC proposal as well as its binding force may rise some doubts. Nevertheless, there are also more concerns against the background of draft of the Regulation. First of all, the legal basis of the proposed Regulation can rise significant objections. To this extend EC indicated art. 114 the Treaty of the Functioning of the European Union (TFEU), which is deemed as a basis of all actions undertaken within the scope of harmonization of EU law. On the other hand, art. 114 of TFEU is considered only as a basis of harmonization leading to internal market establishing and development. At this moment first doubt as regards to discussed EC proposal can be faced. Equally important concerns can rise on the basis of proportionality and subsidiarity principles. Against the background of consistency EC proposal with these two main principles of EU law a few important doubts can be seen. Unfortunately, the justification of EC accompanying the announcement of draft of the Regulation does not dispel mentioned concerns. All features mentioned above result the need of re-analyzing EC proposal, in particular from the perspective of treaty basis and main principles of EU law. Moreover, in the line of proposed Regulation, its rules should be interpreted autonomously and without any recourses to legal systems of member states. This causes another concerns, because it is difficult to imagine, especially by such narrow scope of applicability, that EC project can by use independently. Even more, this interpretation and applicability rules will be lead to many conflicts with the law of member states. Since the project is still in consultation phase, issues mentioned above are worth to re-thinking which will be served the avoidance of serious problems when the EC proposal will come into force.
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.