Article describes unprecedented (in terms of scope, time framework, arguments) legal actions undertaken by Ukraine in response to Russian aggression which began in 2014 and which escalated in 2022. In the framework of lawfare conducted by Ukraine, article focuses on the allegations of genocide which appeared on both sides of conflict. In consequences, it addresses the current proceeding in the International Court of Justice: Ukraine v. Russian Federation, with 32 States intervening, in which Ukraine attempts to prove that Russia started intervention under the pretext of genocide allegedly committed in Eastern Ukraine. At the same time, article presents arguments concerning the possibility of classification of crimes committed by Russia in Ukraine as genocide. At the end the article presents the content of the volume 2 of PRIEL of the year 2023.
{"title":"Conflict in Ukraine – Legal Battlefield. Editorial","authors":"Patrycja Grzebyk","doi":"10.21697/2023.12.2.01","DOIUrl":"https://doi.org/10.21697/2023.12.2.01","url":null,"abstract":"Article describes unprecedented (in terms of scope, time framework, arguments) legal actions undertaken by Ukraine in response to Russian aggression which began in 2014 and which escalated in 2022. In the framework of lawfare conducted by Ukraine, article focuses on the allegations of genocide which appeared on both sides of conflict. In consequences, it addresses the current proceeding in the International Court of Justice: Ukraine v. Russian Federation, with 32 States intervening, in which Ukraine attempts to prove that Russia started intervention under the pretext of genocide allegedly committed in Eastern Ukraine. At the same time, article presents arguments concerning the possibility of classification of crimes committed by Russia in Ukraine as genocide. At the end the article presents the content of the volume 2 of PRIEL of the year 2023.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"65 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139841628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war.
{"title":"“Commited by Men”: Individual Criminal Responsibility for Aggression Against Ukraine","authors":"G. Bogush","doi":"10.21697/2023.12.2.04","DOIUrl":"https://doi.org/10.21697/2023.12.2.04","url":null,"abstract":"\u0000\u0000\u0000The article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"201 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139840118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This review of general principles of law at the process of great changes observed in reality shows not only the past that have been (diversity of the view; contentious issues) and the present (impulse to merge; impetus for thinking) but also the future. The aim of this synthesis was to reconstruct the system of general principles of international law (the need to take into account the general principles of private law and the general principles of law constructed in the process of regional integration of states) as well as the vision of future work on this issue aimed at muted understanding and cooperation for mutual benefit.
{"title":"General Principles of Law at the Turn of Civilisations","authors":"Zbigniew Brodecki, Magdalena Konopacka","doi":"10.21697/2022.12.2.6","DOIUrl":"https://doi.org/10.21697/2022.12.2.6","url":null,"abstract":"This review of general principles of law at the process of great changes observed in reality shows not only the past that have been (diversity of the view; contentious issues) and the present (impulse to merge; impetus for thinking) but also the future. The aim of this synthesis was to reconstruct the system of general principles of international law (the need to take into account the general principles of private law and the general principles of law constructed in the process of regional integration of states) as well as the vision of future work on this issue aimed at muted understanding and cooperation for mutual benefit.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127367473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russia's aggression against Ukraine represents the culmination of a clash between two visions of the international community and international law. The first is the vision of the West, formulated especially under the influence of the United States. This vision is reflected in the current situation of the community, which is based on American hegemony, and in the state of international law, which has emerged especially after the end of the Cold War. The second vision is that of Russia and China, which has been systematically constructed since the end of the 20th century, supported at least in some aspects by other states belonging to or aspiring to the BRICS or the Shanghai Cooperation Organisation. The article undertakes an analysis from the perspective of the response of the West and, more broadly, the international community, to Russian aggression. It examines demands for change in the sphere of power within the community and relations between its members, as well as changes in the creation, interpretation and operation of international law. The consequences of the clash of these visions, which is of a systemic, civilisational nature with regard to both the community and international law, are also assessed.
{"title":"Russia’s Aggression against Ukraine: a Clash of Two Visions of the International Community and International Law","authors":"C. Mik","doi":"10.21697/2022.12.2.5","DOIUrl":"https://doi.org/10.21697/2022.12.2.5","url":null,"abstract":"Russia's aggression against Ukraine represents the culmination of a clash between two visions of the international community and international law. The first is the vision of the West, formulated especially under the influence of the United States. This vision is reflected in the current situation of the community, which is based on American hegemony, and in the state of international law, which has emerged especially after the end of the Cold War. The second vision is that of Russia and China, which has been systematically constructed since the end of the 20th century, supported at least in some aspects by other states belonging to or aspiring to the BRICS or the Shanghai Cooperation Organisation. The article undertakes an analysis from the perspective of the response of the West and, more broadly, the international community, to Russian aggression. It examines demands for change in the sphere of power within the community and relations between its members, as well as changes in the creation, interpretation and operation of international law. The consequences of the clash of these visions, which is of a systemic, civilisational nature with regard to both the community and international law, are also assessed.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116247798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The work of the ILC on jus cogens constitutes an important factor in a discussion on peremptory norms in international law. The present paper presents reflections on the definition and identification of jus cogens, the legal effects of jus cogens, and consequences of its violations. Finally, the author discusses the ban on the use of force in the context of jus cogens, presenting doubts as to its qualification as peremptory.
{"title":"Is There a Space for jus cogens in Present International Law? Remarks in the Context of a Ban on the Use of Force","authors":"Władysław Czapliński","doi":"10.21697/2022.12.2.07","DOIUrl":"https://doi.org/10.21697/2022.12.2.07","url":null,"abstract":"The work of the ILC on jus cogens constitutes an important factor in a discussion on peremptory norms in international law. The present paper presents reflections on the definition and identification of jus cogens, the legal effects of jus cogens, and consequences of its violations. Finally, the author discusses the ban on the use of force in the context of jus cogens, presenting doubts as to its qualification as peremptory.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122123036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This piece is a modest tribute to Professor Gilas who has long been the author’s tutor during the author’s academic career. Its purpose is to concisely describe how international law on damages has evolved, taking into particular account the jurisprudence of international courts and tribunals as well as domestic courts. The topic of damages is important in practice, but seems to be neglected in the doctrine. The author thus wishes to make an overview on the assessment and quantification of damages. To this end, the article starts with a presentation of basic principles to discuss further the burden and standard of proof, entitlement to damages, assessment of amount of damages, quantification of damages, reduction of damages, including causation, prohibition of speculative damages, contributory fault, foreseeability, mitigation and the prohibition of double recovery. Article concludes with final observations.
{"title":"Assessment and Quantification of Damages in Private and Public International Law: an Overview","authors":"Marcin Kałduński","doi":"10.21697/2022.12.2.08","DOIUrl":"https://doi.org/10.21697/2022.12.2.08","url":null,"abstract":"This piece is a modest tribute to Professor Gilas who has long been the author’s tutor during the author’s academic career. Its purpose is to concisely describe how international law on damages has evolved, taking into particular account the jurisprudence of international courts and tribunals as well as domestic courts. The topic of damages is important in practice, but seems to be neglected in the doctrine. The author thus wishes to make an overview on the assessment and quantification of damages. To this end, the article starts with a presentation of basic principles to discuss further the burden and standard of proof, entitlement to damages, assessment of amount of damages, quantification of damages, reduction of damages, including causation, prohibition of speculative damages, contributory fault, foreseeability, mitigation and the prohibition of double recovery. Article concludes with final observations.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116480874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Janusz Bogumił Gilas - characteristics of scientific achievements
Janusz bogumiovgilas——科学成就的特征
{"title":"Janusz Bogumił Gilas - characteristics of scientific achievements","authors":"C. Mik, J. Menkes","doi":"10.21697/2022.12.2.02","DOIUrl":"https://doi.org/10.21697/2022.12.2.02","url":null,"abstract":"Janusz Bogumił Gilas - characteristics of scientific achievements","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116987394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay proposes that one of the most notable achievements of Professor Janusz Gilas’s work is the development of community-oriented thinking in Polish international legal scholarship. His use of the term “international community” is not merely figurative and does not boil down to distinguishing another doctrinal concept. The article further develops the legal debate around the concept of international community by proposing that it should be grounded in philosophical and political communitarianism. After briefly discussing Gilas’s contribution and its theoretical underpinnings in the form of the sociological theory by Ferdinand Tönnies and the achievements of the English School of international relations, this article undertakes to present communitarianism as a social and political philosophy and its relation to the concept of the international community, its theoretical alternatives, and their base values. Having clarified the possible communitarian interpretation of the international community, the author turns to the question of the possibility of communitarian international law. The article concludes by reinterpreting the thesis that international law is viable and conceivable only as community law, oriented toward the common good.
{"title":"International community and communitarianism in international law","authors":"T. Widłak","doi":"10.21697/2022.12.2.04","DOIUrl":"https://doi.org/10.21697/2022.12.2.04","url":null,"abstract":"This essay proposes that one of the most notable achievements of Professor Janusz Gilas’s work is the development of community-oriented thinking in Polish international legal scholarship. His use of the term “international community” is not merely figurative and does not boil down to distinguishing another doctrinal concept. The article further develops the legal debate around the concept of international community by proposing that it should be grounded in philosophical and political communitarianism. After briefly discussing Gilas’s contribution and its theoretical underpinnings in the form of the sociological theory by Ferdinand Tönnies and the achievements of the English School of international relations, this article undertakes to present communitarianism as a social and political philosophy and its relation to the concept of the international community, its theoretical alternatives, and their base values. Having clarified the possible communitarian interpretation of the international community, the author turns to the question of the possibility of communitarian international law. The article concludes by reinterpreting the thesis that international law is viable and conceivable only as community law, oriented toward the common good.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123289709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the multidisciplinary literature, it has been assumed that ‘sea space’ is the subject of marine spatial planning (MSP). The primary goal of MSP activities is to divide ‘sea space’ optimally into different uses and to prevent conflicts related to the use of ‘sea space’. The Coastal States, in various regions of the world, for over twenty years have focused on MSP aimed at, amongst others, the development and implementation of maritime spatial plans. Undoubtedly, MSP is based on the division of the Global Ocean into maritime areas. Therefore, MSP instruments should be effectively developed, implemented and improved in pursuit of the goals of sustainable marine governance (SMG) for the protection and preservation of the marine environment. In the European Union, the Coastal Member States of the EU have been required to develop MSP plans by the end of the first quarter of 2021. Thus, MSP instruments are useful tools for the sustainable marine governance at the regional and national levels. At the regional level, sustainable marine governance presents a holistic approach to the use of marine resources and ecosystem services and it is derived from culture and human development. Moreover, there is a justified trend towards developing marine spatial culture understood as a common idea included in the set of good practices of MSP that can contribute effectively to sustainable marine governance. This paper presents several arguments in favor of the need to develop marine spatial culture in the context of Polish experiences in the implementation of MSP.
{"title":"Legal Culture of Marine Spatial Planning in Maritime Areas from the Polish Perspective","authors":"D. Pyć","doi":"10.21697/2022.12.2.11","DOIUrl":"https://doi.org/10.21697/2022.12.2.11","url":null,"abstract":"In the multidisciplinary literature, it has been assumed that ‘sea space’ is the subject of marine spatial planning (MSP). The primary goal of MSP activities is to divide ‘sea space’ optimally into different uses and to prevent conflicts related to the use of ‘sea space’. The Coastal States, in various regions of the world, for over twenty years have focused on MSP aimed at, amongst others, the development and implementation of maritime spatial plans. Undoubtedly, MSP is based on the division of the Global Ocean into maritime areas. Therefore, MSP instruments should be effectively developed, implemented and improved in pursuit of the goals of sustainable marine governance (SMG) for the protection and preservation of the marine environment. In the European Union, the Coastal Member States of the EU have been required to develop MSP plans by the end of the first quarter of 2021. Thus, MSP instruments are useful tools for the sustainable marine governance at the regional and national levels. At the regional level, sustainable marine governance presents a holistic approach to the use of marine resources and ecosystem services and it is derived from culture and human development. Moreover, there is a justified trend towards developing marine spatial culture understood as a common idea included in the set of good practices of MSP that can contribute effectively to sustainable marine governance. This paper presents several arguments in favor of the need to develop marine spatial culture in the context of Polish experiences in the implementation of MSP.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131801346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper presents the conclusions of an analysis of the challenges globally facing the liberal economy. The author examines the internal (its contestation in “Western” countries) and external (abuse of the law and trust by WTO members not respecting the goals and principles of the organization) challenges. Regarding external challenges, the focus here is on the initiative to build a new order in the Indo-Pacific region. The thesis that as a consequence of the “West’s” assessment that the international economic legal regime is an ineffective tool for regulating the LIEO and its willingness to sustain the LIEO, the West decided to replace the legal regime with another one, and was positively verified. The study closes with a forecast of the evolution of the regional economic order and its links to the world economy.
{"title":"Norms and Institutions of International Economic Relations in the Indo-Pacific. An Epitaph for International Economic Law?","authors":"J. Menkes","doi":"10.21697/2022.12.2.12","DOIUrl":"https://doi.org/10.21697/2022.12.2.12","url":null,"abstract":"The paper presents the conclusions of an analysis of the challenges globally facing the liberal economy. The author examines the internal (its contestation in “Western” countries) and external (abuse of the law and trust by WTO members not respecting the goals and principles of the organization) challenges. Regarding external challenges, the focus here is on the initiative to build a new order in the Indo-Pacific region. The thesis that as a consequence of the “West’s” assessment that the international economic legal regime is an ineffective tool for regulating the LIEO and its willingness to sustain the LIEO, the West decided to replace the legal regime with another one, and was positively verified. \u0000The study closes with a forecast of the evolution of the regional economic order and its links to the world economy. ","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126526930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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