{"title":"Janusz Bogumił Gilas - Professor and Teacher","authors":"C. Mik","doi":"10.21697/2022.12.2.01","DOIUrl":"https://doi.org/10.21697/2022.12.2.01","url":null,"abstract":"Janusz Bogumil Gilas","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"2011 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":"127363170","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 United Nations Convention on the Law of the Sea of 1982, through the institutions of the right of innocent passage, the right of transit passage, and the right of archipelagic sea lanes passage, defines the rules for the navigation of foreign-flagged vessels, including warships, in territorial waters (internal waters, territorial sea, and archipelagic waters). The paper analyses the concept of archipelagic waters, the right of innocent passage within Archipelagic Waters, and the right of archipelagic sea lanes passage, respectively. How vital for the global economy and security are archipelagic waters with navigational rights and overflight on them exemplify waters of Indonesia, where nowadays shipping accounts for approximately 50% of total world trade (including Malacca and Singapore Strait, from the Indian Ocean to the Far East), and is rapidly growing.
{"title":"Navigational Rights in Archipelagic Waters","authors":"D. Bugajski","doi":"10.21697/2022.12.2.10","DOIUrl":"https://doi.org/10.21697/2022.12.2.10","url":null,"abstract":"The United Nations Convention on the Law of the Sea of 1982, through the institutions of the right of innocent passage, the right of transit passage, and the right of archipelagic sea lanes passage, defines the rules for the navigation of foreign-flagged vessels, including warships, in territorial waters (internal waters, territorial sea, and archipelagic waters). The paper analyses the concept of archipelagic waters, the right of innocent passage within Archipelagic Waters, and the right of archipelagic sea lanes passage, respectively. How vital for the global economy and security are archipelagic waters with navigational rights and overflight on them exemplify waters of Indonesia, where nowadays shipping accounts for approximately 50% of total world trade (including Malacca and Singapore Strait, from the Indian Ocean to the Far East), and is rapidly growing.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127991173","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 purpose of the article is to present the role of equitable principles in the delimitation of the continental shelf in the specific situation of the Aegean area. First, the theoretical aspects of the equity in international law and its typology are presented, followed by explaining the role of equitable principles in maritime relations. In turn, the author explains the interdependence of equity and geographical conditions, while stressing the unique geography of the Aegean, bearing heavily on delimitation efforts in the region. The context of the Greek-Turkish continental shelf delimitation dispute is explained, drawing attention to the divergent positions of the two countries. The rules applicable to the dispute at hand are then analysed, with a focus on customary law, in the absence of treaty rules applicable between Greece and Turkey as concerns the maritime delimitation. The role of the international courts and tribunals in finding solutions in the disputes involving the delimitation of the continental shelf is discussed, by also presenting their approach to interpreting and applying equity and equitable principles. The three-stage delimitation method elaborated in the case-law based on equitable principles is finally presented, while drawing attention to the difficulties in applying the method in practice and the resulting therefrom inconsistencies.Finally, the conclusions of the above considerations for the Aegean continental shelf delimitation are drawn and the perspectives for finding a solution in the future are presented.
{"title":"Equitable Principles in the Delimitation of the Aegean Continental Shelf","authors":"M. Górka","doi":"10.21697/2022.12.2.09","DOIUrl":"https://doi.org/10.21697/2022.12.2.09","url":null,"abstract":"The purpose of the article is to present the role of equitable principles in the delimitation of the continental shelf in the specific situation of the Aegean area. First, the theoretical aspects of the equity in international law and its typology are presented, followed by explaining the role of equitable principles in maritime relations. In turn, the author explains the interdependence of equity and geographical conditions, while stressing the unique geography of the Aegean, bearing heavily on delimitation efforts in the region. The context of the Greek-Turkish continental shelf delimitation dispute is explained, drawing attention to the divergent positions of the two countries. The rules applicable to the dispute at hand are then analysed, with a focus on customary law, in the absence of treaty rules applicable between Greece and Turkey as concerns the maritime delimitation. The role of the international courts and tribunals in finding solutions in the disputes involving the delimitation of the continental shelf is discussed, by also presenting their approach to interpreting and applying equity and equitable principles. The three-stage delimitation method elaborated in the case-law based on equitable principles is finally presented, while drawing attention to the difficulties in applying the method in practice and the resulting therefrom inconsistencies.Finally, the conclusions of the above considerations for the Aegean continental shelf delimitation are drawn and the perspectives for finding a solution in the future are presented.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"26 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127219827","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 is devoted to the provisional application of treaties (PATs) as it was given by the Vienna Convention on the Law of Treaties, as well as that which results from further development of this legal institution, especially from the work of the International Law Commission and legal practice. In particular, the elements comprising the PATs mechanism, its place in the field of incurring international obligations, the legal effects of the PATs, the scope of the PATs, as well as the relation to other provisions of the Vienna Convention, and finally the use of the PATs during armed conflicts are critically analyzed. The pragmatic nature of the PATs is highlighted. The differences between the provisional application of the treaty and the situation when it has entered into force are shown. It is considered that PATs can be seen as one of the manifestations of the deformalization of international law, reducing the importance of formal consent to be bound by a treaty. The dangers of the temporality ex definitione produced by the PATs were also pointed out.
{"title":"Provisional Application of Treaties. From the Vienna Convention to the UN ILC Guide and Beyond","authors":"C. Mik","doi":"10.21697/2022.11.1.02","DOIUrl":"https://doi.org/10.21697/2022.11.1.02","url":null,"abstract":"The article is devoted to the provisional application of treaties (PATs) as it was given by the Vienna Convention on the Law of Treaties, as well as that which results from further development of this legal institution, especially from the work of the International Law Commission and legal practice. In particular, the elements comprising the PATs mechanism, its place in the field of incurring international obligations, the legal effects of the PATs, the scope of the PATs, as well as the relation to other provisions of the Vienna Convention, and finally the use of the PATs during armed conflicts are critically analyzed. The pragmatic nature of the PATs is highlighted. The differences between the provisional application of the treaty and the situation when it has entered into force are shown. It is considered that PATs can be seen as one of the manifestations of the deformalization of international law, reducing the importance of formal consent to be bound by a treaty. The dangers of the temporality ex definitione produced by the PATs were also pointed out.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116156577","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}
A member state of the European Union (EU) cannot function within the EU network of legal regulations if it rejects the principle of cooperation based on the impartiality of the courts. This principle subscribes to the EU standards of the rule of law and mutual trust and cooperation with the Court of Justice of the European Union. In November 2019, it received judicial recognition when the Court laid down the characteristics of an unbiased court within the EU legal framework. Thus, it is imperative for member states, which includes Poland, to recognise this principle and ensure its application in their domestic legal structure. They have to acknowledge that the EU is still a supranational network of regulation, economics, and values
{"title":"Competence of the European Union to Decide on Judicial Appointments in Poland","authors":"Karolina Harasimowicz","doi":"10.21697/2022.11.1.04","DOIUrl":"https://doi.org/10.21697/2022.11.1.04","url":null,"abstract":"A member state of the European Union (EU) cannot function within the EU network of legal regulations if it rejects the principle of cooperation based on the impartiality of the courts. This principle subscribes to the EU standards of the rule of law and mutual trust and cooperation with the Court of Justice of the European Union. In November 2019, it received judicial recognition when the Court laid down the characteristics of an unbiased court within the EU legal framework. Thus, it is imperative for member states, which includes Poland, to recognise this principle and ensure its application in their domestic legal structure. They have to acknowledge that the EU is still a supranational network of regulation, economics, and values","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122002809","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}
European Union member states which have been outside the euro area are obliged to join it as soon as they are able to fulfil the necessary convergence criteria. As a result of the financial crisis of 2008 and the consequences following it, euro area member states have adopted additional rules regulating its functioning which make the accession to the euro area even more difficult for those concerned. In addition to this some member states and EU institutions have proposed other measures which have as their aim to establish new institutions and organs involved with the management of the euro area. The present paper aims at describing three of those institutions (the Euro Area Treasury, European Minister for Economy and Finance, European Monetary Fund) and to evaluate the potential impact of their entry into force on those member states who (as Poland and Czechia) have been outside the euro area. In order to achieve this aim the author analyses proposed changes in more details and provides an assessment.
{"title":"Proposals for Institutional Changes in the Management of the Euro Area: Euro Area Treasury, European Minister of Economy and Finance, European Monetary Fund","authors":"M. Zieliński","doi":"10.21697/2022.11.1.03","DOIUrl":"https://doi.org/10.21697/2022.11.1.03","url":null,"abstract":"European Union member states which have been outside the euro area are obliged to join it as soon as they are able to fulfil the necessary convergence criteria. As a result of the financial crisis of 2008 and the consequences following it, euro area member states have adopted additional rules regulating its functioning which make the accession to the euro area even more difficult for those concerned. In addition to this some member states and EU institutions have proposed other measures which have as their aim to establish new institutions and organs involved with the management of the euro area. \u0000The present paper aims at describing three of those institutions (the Euro Area Treasury, European Minister for Economy and Finance, European Monetary Fund) and to evaluate the potential impact of their entry into force on those member states who (as Poland and Czechia) have been outside the euro area. In order to achieve this aim the author analyses proposed changes in more details and provides an assessment. ","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125038825","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 article analyses the question of compatibility of COVID-19 passes with the European Convention of Human Rights. The present commentary’s point of reference is the European Court of Human Rights inadmissibility decision in Zembrano v. France. Nevertheless, the main focus is not given to the admissibility criteria but to the more general considerations concerning restrictions of individual rights and freedoms introduced in the context of the current pandemic. The article offers some insights into the necessity and proportionality of an interference (the COVID-19 pass requirement). It also discusses if such measures are discriminatory or not
{"title":"The (still) Unresolved Question of COVID-19 Passes Compatibility with the ECHR. Comments on the ECtHR Decision of 7 October 2021 in Zembrano v. France (Application no. 41994/21)","authors":"Julia Kapelańska-Pręgowska","doi":"10.21697/2022.11.1.07","DOIUrl":"https://doi.org/10.21697/2022.11.1.07","url":null,"abstract":"This article analyses the question of compatibility of COVID-19 passes with the European Convention of Human Rights. The present commentary’s point of reference is the European Court of Human Rights inadmissibility decision in Zembrano v. France. Nevertheless, the main focus is not given to the admissibility criteria but to the more general considerations concerning restrictions of individual rights and freedoms introduced in the context of the current pandemic. The article offers some insights into the necessity and proportionality of an interference (the COVID-19 pass requirement). It also discusses if such measures are discriminatory or not","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115193564","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}
{"title":"Report on the International Scientific Conference The Case Law of the European Court of Human Rights and the Court of Justice of the European Union with regard to the East-Central European Countries organised within the framework of the Central Europe","authors":"Nóra Béres, György Marinkás","doi":"10.21697/2022.11.1.08","DOIUrl":"https://doi.org/10.21697/2022.11.1.08","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122398527","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 relationship between international law and power politics in the light of the Russian aggression against Ukraine. The relationship between international law and politics is very close, even natural, since the principles and rules of international law primarily act in international relations, that is in a political reality. It is the problem of observance and violations of the legal principles and rules on the use of force that is the key point of reference for the discussion of this issue. The serious breach of Article 2(4) of the UN Charter by Russia, the crime of aggression and other alleged crimes committed during this international armed conflict incline the author to address some questions on the power and weakness of international law. The power of international law is severely tested when it comes to the unilateral use of force by states. The Russian aggression against Ukraine is arguably the most important such test since the end of World War II, at least in Europe. The author claims that such crises as the Russian aggression against Ukraine clearly prove that international law is what states want it to be.
{"title":"The Aggression of the Russian Federation against Ukraine: International Law and Power Politics or ‘What Happens Now’","authors":"R. Kwiecień","doi":"10.21697/2022.11.1.01","DOIUrl":"https://doi.org/10.21697/2022.11.1.01","url":null,"abstract":"The article deals with the relationship between international law and power politics in the light of the Russian aggression against Ukraine. The relationship between international law and politics is very close, even natural, since the principles and rules of international law primarily act in international relations, that is in a political reality. It is the problem of observance and violations of the legal principles and rules on the use of force that is the key point of reference for the discussion of this issue. The serious breach of Article 2(4) of the UN Charter by Russia, the crime of aggression and other alleged crimes committed during this international armed conflict incline the author to address some questions on the power and weakness of international law. The power of international law is severely tested when it comes to the unilateral use of force by states. The Russian aggression against Ukraine is arguably the most important such test since the end of World War II, at least in Europe. The author claims that such crises as the Russian aggression against Ukraine clearly prove that international law is what states want it to be. ","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133013787","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 long-awaited judgement of the European Court of Human Rights in the case of Georgia v. Russia (II) of 21 January 2021 evokes rather ambivalent assessment. On the one hand, the Court found that the Russian authorities were responsible for systematic violations of human rights related to Russia’s participation in the “five-day war”, and on the other hand, the Court limited this responsibility only to the “occupation phase”, i.e. the period after the ceasefire on 12 August 2008. As for the “active phase of hostilities”, i.e. the period of armed clashes from 8 to 12 August 2008, the Court found that due to the lack of “effective control” by Russia, the Court could not apply any model of jurisdiction to any of the alleged violations of the Right to Life under the ECHR. This comment is an analysis of the reasoning of the Court in relation to the most important issues in this case: extraterritorial jurisdiction in the context of international armed conflict (including the issues of effective control over an area and State agent authority and control over individuals), the relationship between the ECHR and international humanitarian law and the investigative obligation under Article 2 of the ECHR.
{"title":"“A little war that shook the court”: comment on the judgement of the European Court of Human Rights in the case of Georgia v. Russia (ii) of 21 January 2021","authors":"Marcin Marcinko","doi":"10.21697/2022.11.1.05","DOIUrl":"https://doi.org/10.21697/2022.11.1.05","url":null,"abstract":"The long-awaited judgement of the European Court of Human Rights in the case of Georgia v. Russia (II) of 21 January 2021 evokes rather ambivalent assessment. On the one hand, the Court found that the Russian authorities were responsible for systematic violations of human rights related to Russia’s participation in the “five-day war”, and on the other hand, the Court limited this responsibility only to the “occupation phase”, i.e. the period after the ceasefire on 12 August 2008. As for the “active phase of hostilities”, i.e. the period of armed clashes from 8 to 12 August 2008, the Court found that due to the lack of “effective control” by Russia, the Court could not apply any model of jurisdiction to any of the alleged violations of the Right to Life under the ECHR. This comment is an analysis of the reasoning of the Court in relation to the most important issues in this case: extraterritorial jurisdiction in the context of international armed conflict (including the issues of effective control over an area and State agent authority and control over individuals), the relationship between the ECHR and international humanitarian law and the investigative obligation under Article 2 of the ECHR.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122944446","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：