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: 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

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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

7

Polish Bibliography of International and European Law 2014

80%

Polish Yearbook of International Law

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2014

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vol. 34

331-376

EN

Polish bibliography of international and European law for 2014

8

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

9

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

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vol. 35

365-407

EN

Polish bibliography of international and European law for 2015

10

PRZYŁĄCZENIE KRYMU PRZEZ ROSJĘ W ŚWIETLE PRAWA MIĘDZYNARODOWEGO

80%

RYDEL K.

Historia@Teoria

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2018

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vol. 1

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issue 7

225-237

EN

The article describes the most important international law issues related to the annexation of the Crimea by the Russian Federation. The first part of the text concerns with the infringements of the international law made by Russia (infringement of the principle pacta sunt servanda, the principle of non intervention and the principle of the prohibition of aggression). The second, essential part of the text concerns the inadmissibility of self-determination of people in the case of the Crimea. Russian involvement in the Crimea results the illegality of self-determination in this case. It is also impossible because the case of Crimea does not meet the required conditions. This causes the inadmissibility of the secession of this territory.

11

Opinia prawna w sprawie statusu prawnomiędzynarodowego przestrzeni powietrznej nad Półwyspem Krymskim po zajęciu Krymu przez Federację Rosyjską (ze szczególnym uwzględnieniem kompetencji ICAO)

80%

Mik C.

Zeszyty Prawnicze BAS

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2014

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issue 3(43)

81-101

EN

The analysis points out that the Crimean peninsula remains an integral part of the territory of Ukraine, as the annexation of the area by the Russian Federation is null and void under the law due to the breach of generally applicable rule of international law concerning the prohibition of aggression. Therefore, only Ukraine is authorized to manage the airspace above the region. In case of any aviation accident in the territory of Crimea, it is not permissible for International Civil Aviation Organization (ICAO) to recognize the competence of Russia in relation to carry out the investigation. Moreover, such recognition cannot ensue from an agreement between Russia and Ukraine, except for the delegation of responsibilities to investigate the accident in which a Russian plane has been involved.

12

Analysis of the Situation in Ukraine in Spring 2014

80%

Bäcker R., 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

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2014

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issue 2 (6)

PL

In the article the author presents his analysis of the current political events in Ukraine, beginning with the origin of the Euromajdan and the mistakes of president Yanukowych that eventually led to his removal. The Ukrainian society is depicted with strong emphasis on the high level of political awareness that is characteristic of that society and their determination to reach their goals, as well as their political and economic aspirations. According to the author, the Ukrainian-Russian war started on February 28, 2014 when unidentified troops began occupation of administrative buildings in Crimea and the development of this conflict will bring severe consequences for both countries. Furthermore, the possible reasons why Putin chose the Crimea as an arena of his political pursuits are provided, as well as his minimum, maximum and interval targets concerning Ukraine. The author also maintains that the West and its actions or lack thereof is crucial for Ukraine; he notices that the demands made by the Western side are ignored, but he sees them not as “empty words” but announcements of future political events. He believes that the Western countries will take action in two ways: they will introduce immediate symbolic sanctions, as well as long-term sanctions aimed to prevent violating international law in the future. The article also presents the author’s prediction concerning the future actions of the Western states and the likelihood of direct NATO intervention. Additionally, the author considers the situation in Ukraine also from the perspective of Poland.

13

Deconstructing the Struggle Against Nuclearism

80%

Falk R. A.

Academicus. International Scientific Journal

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2022

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vol. 13

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issue 25

11-23

EN

In such a complex and uncertain world, it may help to think like a Hindu, and accept contradiction as more in keeping with social and political reality than is finding a right answer to complex policy puzzles. What is almost impossible for those trained within Western frames of reference is to grasp that there are diverse perspectives of understanding that may result in seemingly contradictory recommendations despite shared values and goals. Civilizational perspectives and personal experience inevitably color what we feel, think, and do, and so being likeminded when it comes abolishingnuclear weapons is often coupled with somewhat divergent views on what to advocate when it comes to tactics and priorities.In this spirit, this paper tries to depict a set of reasons why the goal of nuclear disarmament will never be reached so long as arms control and nonproliferation of nuclear weaponry are seen as the pillars of global stability in the nuclear age.

14

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.

15

Rules for the transfer of weapons and military technology in the light of contemporary international law

80%

Milik P.

Security and Defence Quarterly

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2016

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vol. 13

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issue 4

50-78

EN

This study investigates the contents of key documents of international rank regulating the transfer of weapons and military technologies in order to mark the principles that rule this kind of state activity. The following principles have been pointed out: the principle of minimizing the consumption of the world’s human and economic resources for armaments; the principle of respect in the transfers of weapons and the principles of the Charter of the United Nations; the principle of transparency in the transfer of weapons and military technology; the principle of limitation of armaments as a factor constituting a threat to peace and national, regional and international security; the principle of the regulation of transfer of weapons in the domestic law of states; and the principle of respect for humanitarian law and human rights in international military transfers.

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

SPECYFIKA PODMIOTOWOŚCI PRAWNEJ STOLICY APOSTOLSKIEJ – ZARYS PROBLEMATYKI

80%

Łągiewska M.

Studia Ełckie

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2016

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vol. 18

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issue 1

31-40

EN

The Holy See (Sancta Sedes) is the specific subject of the international law. The acknowledgement of the legal subjectivity is related to the possession of the legal capacity and the capability of the legal international proceedings. The Holy See is treated as an autonomous subject which has its own rights and obligations concerning the international affairs. It has right to send and receive the minister residents (ius legationis), to enter into the international contracts (ius tractandi), to participate in the conferences and to be member of the inter-national organizations (ius foederum).

18

Legal and political aspects of space mining

80%

Polkowska M.

Polish Journal of Political Science

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2020

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vol. 6

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issue 4

61-83

EN

In recent years, there has been a great interest of states and international corporations in the problem of obtaining raw materials from celestial bodies. Space mining is a future branch of industry that does not exist yet, related to the extraction of natural resources from celestial bodies. Although we currently bring from space at most samples of material for research, serious companies have been established that deal with the development of technologies related to the extraction of raw materials. Today, space mining is treated as an inevitable and important element of the future world economy. Moreover, it is already a source of conflicts. Space mining is of interest mainly to those countries which have not been endowed by nature with deposits of rare raw materials sufficient to meet the needs and ambitions, and private entities encouraged by the scale of potential profits. The flagship example of the first type is the United States, for which the ultimate goal of the space programme is the expansion of humanity throughout the solar system; it also counts on quick and big profits. For years, the Americans have been concerned about maintaining freedom of action, e.g. by remaining outside the regime of the Moon Treaty; they even introduced in their domestic legislation preliminary regulations regarding extraterrestrial extraction and ownership of raw materials.

19

Nowoczesne standardy wymiaru sprawiedliwości

80%

Kluz P., Lech M.

Journal of Modern Science

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2015

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issue 2(25)

289-296

EN

In the European legal culture evolved into a model of justice. Th is model refl ects a legal tradition derived from Roman law and Canon law. It was based on the so-called principles, which include: openness of procedures, impartiality, discretion, professionalism and openness of procedures and the same proceedings. Th ereby, it aspire to objectifi cation procedural steps, while judges detach from judgments or decisions. Th ese standards have been saved in a number of acts of international law and in the constitutions of the various states, including the Constitution of Polish Republic. Modern judicial system provides advanced and equal access for all people not only to courts and tribunals but also to a just and public assessment of the case by a proper, independent and impartial court. In other words, it is one of the most fundamental human rights.

PL

W europejskiej kulturze prawnej wykształcił się pewien model wymiaru sprawiedliwości. Jest on odzwierciedleniem tradycji prawnej, wyrosłej na gruncie prawa rzymskiego i prawa kanonicznego. Został oparty na tak zwanych zasadach, do których zalicza się: jawność postepowania, bezstronność, dyskrecja, profesjonalizm oraz jawność procedur i samych postępowań. Przestrzeganie tych zasad ma na celu dążność do obiektywizacji czynności procesowych i oderwanie sędziów od subiektywnych ocen czy decyzji. Standardy te zostały zapisane w wielu aktach prawa międzynarodowego, a także w konstytucjach poszczególnych państw, w tym w Konstytucji RP. Nowoczesny wymiar sprawiedliwości zapewnia na wyższym poziomie równy dostęp wszystkich ludzi do sądów i trybunałów oraz do sprawiedliwego i publicznego rozpatrzenia sprawy przez właściwy, niezależny i bezstronny sąd. Jest to jednocześnie jedno z najbardziej fundamentalnych praw człowieka.

20

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.

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