Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.163-183
Arif Riza, Alban Kryezi, Shukri Lecaj
Medical care and services in accordance with the rules and standards accepted by medical science are the moral and legal duty of the physician or any health worker. The set of legal norms as institutional mechanisms that regulate the rights and responsibilities of medical professionals and their patients is the main field of this research. The article aims to present the concept and importance of the research and development of medical law in the Republic of Kosovo. The purpose of the research is to make the connection between the provisions of medical law and the field of gynecology due to the violation of the rights of patients as well as the hesitation or lack of will in reporting such cases. The theoretical method was used for data collection, with which previous studies on medical law were consulted. The statistical method was used to present the number of induced abortions in the Department of Gynecology in Pristina. The interview method was used for the purpose of collecting data that refer to practical cases where physicians may have acted in violation of the law, as well as the presentation of those situations when, due to a serious health condition, they undertook medical actions without consulting with the patient or family members. The research indicates that the Criminal Code of the Republic of Kosovo has incorporated irresponsible medical treatment and failure to provide medical assistance as criminal offenses that are closely related to the exercise of professional medical duties and responsibilities. In the Republic of Kosovo, elective termination of pregnancy is allowed at the will of the woman who is of adult age, while termination of pregnancy with the motive of choosing the gender of the fetus is prohibited. Elective termination is permissible until the end of the tenth week of pregnancy.
{"title":"The Development of Medical Law in the Field of Gynecology and the Relationship with Criminal Law: The Applicability of the Legal Framework of the Republic of Kosovo","authors":"Arif Riza, Alban Kryezi, Shukri Lecaj","doi":"10.17951/sil.2023.32.3.163-183","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.163-183","url":null,"abstract":"Medical care and services in accordance with the rules and standards accepted by medical science are the moral and legal duty of the physician or any health worker. The set of legal norms as institutional mechanisms that regulate the rights and responsibilities of medical professionals and their patients is the main field of this research. The article aims to present the concept and importance of the research and development of medical law in the Republic of Kosovo. The purpose of the research is to make the connection between the provisions of medical law and the field of gynecology due to the violation of the rights of patients as well as the hesitation or lack of will in reporting such cases. The theoretical method was used for data collection, with which previous studies on medical law were consulted. The statistical method was used to present the number of induced abortions in the Department of Gynecology in Pristina. The interview method was used for the purpose of collecting data that refer to practical cases where physicians may have acted in violation of the law, as well as the presentation of those situations when, due to a serious health condition, they undertook medical actions without consulting with the patient or family members. The research indicates that the Criminal Code of the Republic of Kosovo has incorporated irresponsible medical treatment and failure to provide medical assistance as criminal offenses that are closely related to the exercise of professional medical duties and responsibilities. In the Republic of Kosovo, elective termination of pregnancy is allowed at the will of the woman who is of adult age, while termination of pregnancy with the motive of choosing the gender of the fetus is prohibited. Elective termination is permissible until the end of the tenth week of pregnancy.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296588","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}
Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.11-44
Miklós Sebők, Fruzsina Gárdos-Orosz, Rebeka Kiss, István Járay
The analysis of constitutional interpretation has received much attention in recent years. This article is a contribution to research using text mining methods to account for markers of constitutional reasoning in big data-sized text corpora. We examine how often the Hungarian Constitutional Court (the HCC) reflected on the various methods of interpretation. For this purpose, we have created a complex corpus covering all HCC decisions and orders between 1990 and 2021. We found evidence that the methodological practice of the HCC is not self-reflexive in general as only 44% of its decisions make a reference to at least one method of interpretation. We also show that the self-reflexive nature is even more prevalent (in fact, ubiquitous) in 100 doctrinally important decisions from the 30 years of jurisprudence in question. While this study is a first step towards the quantitative analysis of the reasoning of the constitutional judiciary, further mixed methods research is needed to account for intertemporal changes in such data and to refine the measurement of constitutional interpretation.
{"title":"The Transparency of Constitutional Reasoning: A Text Mining Analysis of the Hungarian Constitutional Court’s Jurisprudence","authors":"Miklós Sebők, Fruzsina Gárdos-Orosz, Rebeka Kiss, István Járay","doi":"10.17951/sil.2023.32.3.11-44","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.11-44","url":null,"abstract":"The analysis of constitutional interpretation has received much attention in recent years. This article is a contribution to research using text mining methods to account for markers of constitutional reasoning in big data-sized text corpora. We examine how often the Hungarian Constitutional Court (the HCC) reflected on the various methods of interpretation. For this purpose, we have created a complex corpus covering all HCC decisions and orders between 1990 and 2021. We found evidence that the methodological practice of the HCC is not self-reflexive in general as only 44% of its decisions make a reference to at least one method of interpretation. We also show that the self-reflexive nature is even more prevalent (in fact, ubiquitous) in 100 doctrinally important decisions from the 30 years of jurisprudence in question. While this study is a first step towards the quantitative analysis of the reasoning of the constitutional judiciary, further mixed methods research is needed to account for intertemporal changes in such data and to refine the measurement of constitutional interpretation.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295617","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}
Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.147-162
Magdalena Pyter
The article focuses on the education of specialists in the field of agriculture on the example of the College of Agriculture of the Jagiellonian University in Krakow. The aim is to present the organization and operation of the College within the legal setting of the time. The text has been divided into two parts. The first concerns the period from the establishment of the College of Agriculture (i.e., from the end of the 19th century) to the end of World War I, when the university in Krakow was supervised by the Imperial and Royal Ministry of Religious Affairs and Education in Vienna. The second part is devoted to the period of operation of the College after regaining independence in 1918. The research has demonstrated that the College of Agriculture was an original and innovative solution among the institutions of higher education of the time. The curricula, designed both during the Austro-Hungarian rule and in independent Poland, guaranteed a fully professional education. The novelty was that the college students were also trained in law, political sciences, economics, and management; in other words, they graduated as modern agricultural managers. These conclusions represent a scientific value and demonstrate the originality of the research. Given that the research covers the domain of higher education system, it has an international reach.
{"title":"The College of Agriculture of the Jagiellonian University in Krakow (1890–1923) as an Example of Special-Purpose Education: The Legal View","authors":"Magdalena Pyter","doi":"10.17951/sil.2023.32.3.147-162","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.147-162","url":null,"abstract":"The article focuses on the education of specialists in the field of agriculture on the example of the College of Agriculture of the Jagiellonian University in Krakow. The aim is to present the organization and operation of the College within the legal setting of the time. The text has been divided into two parts. The first concerns the period from the establishment of the College of Agriculture (i.e., from the end of the 19th century) to the end of World War I, when the university in Krakow was supervised by the Imperial and Royal Ministry of Religious Affairs and Education in Vienna. The second part is devoted to the period of operation of the College after regaining independence in 1918. The research has demonstrated that the College of Agriculture was an original and innovative solution among the institutions of higher education of the time. The curricula, designed both during the Austro-Hungarian rule and in independent Poland, guaranteed a fully professional education. The novelty was that the college students were also trained in law, political sciences, economics, and management; in other words, they graduated as modern agricultural managers. These conclusions represent a scientific value and demonstrate the originality of the research. Given that the research covers the domain of higher education system, it has an international reach.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295758","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}
Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.201-218
Paweł Śwital, Piotr Kobylski
The principle of openness of public administration is one of the basic principles in a democratic state. The openness of public administration is also regarded as its fundamental value. It defines the standards of administrative activity, access to information and the controlling functions of citizens, and builds trust in a public authority. The aim of the article is to present legal regulations concerning the openness of the commune in its financial administration. The paper presents the principle of openness of public administration, the dimensions of openness in the practice of communes, the relevant standards arising from the substantive law regulations, as well as selected international experience in this area. Therefore, the choice of the subject of the analysis was dictated by a gap in the legal literature. This is an additional premise that justifies undertaking the indicated research tasks. Against the background of the applicable legal provisions, it should be considered whether the actions taken by the legislator allowed for the creation of a properly functioning model of transparency in the financial management of a commune. Over the years, it has undergone some transformations, which may cause freedom or lack of the possibility of a logically correct, functional, and systemically consistent interpretation. The set goals determined the choice of the layout of the study and research methods. The work assumes methodological pluralism. The two main research methods used in the work are the dogmatic-legal method and the theoretical-legal method. The historical-legal method and legal functionalism were used as an auxiliary, which allowed to present the subject of research from the point of view of its evolution, and thus obtain a full picture of the discussed issues.
{"title":"The Openness of the Commune’s Financial Administration","authors":"Paweł Śwital, Piotr Kobylski","doi":"10.17951/sil.2023.32.3.201-218","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.201-218","url":null,"abstract":"The principle of openness of public administration is one of the basic principles in a democratic state. The openness of public administration is also regarded as its fundamental value. It defines the standards of administrative activity, access to information and the controlling functions of citizens, and builds trust in a public authority. The aim of the article is to present legal regulations concerning the openness of the commune in its financial administration. The paper presents the principle of openness of public administration, the dimensions of openness in the practice of communes, the relevant standards arising from the substantive law regulations, as well as selected international experience in this area. Therefore, the choice of the subject of the analysis was dictated by a gap in the legal literature. This is an additional premise that justifies undertaking the indicated research tasks. Against the background of the applicable legal provisions, it should be considered whether the actions taken by the legislator allowed for the creation of a properly functioning model of transparency in the financial management of a commune. Over the years, it has undergone some transformations, which may cause freedom or lack of the possibility of a logically correct, functional, and systemically consistent interpretation. The set goals determined the choice of the layout of the study and research methods. The work assumes methodological pluralism. The two main research methods used in the work are the dogmatic-legal method and the theoretical-legal method. The historical-legal method and legal functionalism were used as an auxiliary, which allowed to present the subject of research from the point of view of its evolution, and thus obtain a full picture of the discussed issues.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295756","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}
Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.45-61
Waldemar Bednaruk, Andrzej Gil
The article presents the ideological and legal foundations of the Soviet religious policy in 1917–1922, when the theoretical assumptions that formed the basis of the new government’s attitude to religion as such were transformed into its practical approach to religious associations present in the space of the functioning of the Bolshevik state. Attention was drawn to two basic issues: (1) the attitude towards religion in the theoretical considerations of Russian Marxists both before and after the Bolsheviks took power in Russia, and (2) the legal acts issued by the new power regarding the place of religion in the slowly emerging reality in the first five years of its existence. Both the ideology and the law itself were to serve the realization of one idea – the creation of a communist society, fully atheistic and recognizing only dialectical materialism. As it turned out from the perspective of later events, the years 1917–1922 were crucial for this intention. The legislation adopted at that time became the juridical basis of the Soviet religious law, implemented until the end of the existence of the USSR. The reference basis for the article is the relevant legislation and literature on the subject.
{"title":"Soviet Religious Law in 1917–1922: Ideological and Legal Foundations","authors":"Waldemar Bednaruk, Andrzej Gil","doi":"10.17951/sil.2023.32.3.45-61","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.45-61","url":null,"abstract":"The article presents the ideological and legal foundations of the Soviet religious policy in 1917–1922, when the theoretical assumptions that formed the basis of the new government’s attitude to religion as such were transformed into its practical approach to religious associations present in the space of the functioning of the Bolshevik state. Attention was drawn to two basic issues: (1) the attitude towards religion in the theoretical considerations of Russian Marxists both before and after the Bolsheviks took power in Russia, and (2) the legal acts issued by the new power regarding the place of religion in the slowly emerging reality in the first five years of its existence. Both the ideology and the law itself were to serve the realization of one idea – the creation of a communist society, fully atheistic and recognizing only dialectical materialism. As it turned out from the perspective of later events, the years 1917–1922 were crucial for this intention. The legislation adopted at that time became the juridical basis of the Soviet religious law, implemented until the end of the existence of the USSR. The reference basis for the article is the relevant legislation and literature on the subject.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296586","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}
Pub Date : 2023-09-29DOI: 10.17951/sil.2023.32.3.305-324
Fátima Castro Moreira
Portugal’s ratification of the United Nations Convention on the Law of the Sea in 1997 brought with it the need to create an appropriate strategy to assist policy makers. This was done by the Strategic Commission for the Oceans, an entity created in 2003 with the aim of promoting a strategic plan based on the sustainable use of the ocean and its resources. More than a place allowing different uses and activities, the ocean itself should be seen as the most valuable natural resource and should be protected, preserved and valued. The political model proposed by the report suggested the creation of a specialised Council of Ministers dedicated to the formulation of policies and planning guidelines, and to the coordination of the integrated management of the sector, which together with an entity of a predominantly technical nature, reach a definition of a global policy for the sea composed of a national strategy, the regular evaluation of sea affairs and the coordination of sectoral policies. This paper begins with the analysis of this strategic reference as a governance model, articulating the intersections between the various actors. A current approach requires this governance model to be multi-level: global, continental/regional, and domestic/local.
{"title":"Governance of the Portuguese Sea – from Political Actors to Intergovernmental and Sectorial Coordination: A Legal Approach","authors":"Fátima Castro Moreira","doi":"10.17951/sil.2023.32.3.305-324","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.305-324","url":null,"abstract":"Portugal’s ratification of the United Nations Convention on the Law of the Sea in 1997 brought with it the need to create an appropriate strategy to assist policy makers. This was done by the Strategic Commission for the Oceans, an entity created in 2003 with the aim of promoting a strategic plan based on the sustainable use of the ocean and its resources. More than a place allowing different uses and activities, the ocean itself should be seen as the most valuable natural resource and should be protected, preserved and valued. The political model proposed by the report suggested the creation of a specialised Council of Ministers dedicated to the formulation of policies and planning guidelines, and to the coordination of the integrated management of the sector, which together with an entity of a predominantly technical nature, reach a definition of a global policy for the sea composed of a national strategy, the regular evaluation of sea affairs and the coordination of sectoral policies. This paper begins with the analysis of this strategic reference as a governance model, articulating the intersections between the various actors. A current approach requires this governance model to be multi-level: global, continental/regional, and domestic/local.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295629","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}
Pub Date : 2023-09-20DOI: 10.31338/2544-3135.si.2023-97.4
Michał Pietkiewicz
The article examines the settlement of international claims and disputes arising from faulty nuclear-powered satellites which fall on another state’s territory. The author analyzes diplomatic relations between the USSR and Canada and the content and legal settlement of the international dispute resulting from the Soviet Cosmos-954 satellite disintegrating on Canadian territory. The author concludes that the 1971 Convention on International Liability for Damage Caused by Space Objects was adopted within the appropriate time- frame, and that it forms a reliable foundation for the settlement of conflicts between the States in this area. However, the 1981 bilateral agreement “Settlement of the Claim between Canada and the Union of Soviet Socialist Republics for Damage Caused by “Cosmos 954”” showed that it has never been utilized. This contravenes the international treaty regulating international liability for damage caused by space objects. Therefore, the biggest question of all materializes here: did the international community need space law? Even though it is the newest branch of public international law, it is almost 60 years old. This period of time (more than half a century) has only seen it in academic discussions on how states should abide by it. The lack of relevant case law is a good and bad thing at the same time. Bad – because we still do not know how international courts and tribunals will apply norms of space law. Good – because up until now we have not experienced an international conflict that states have not been able to solve by diplomatic measures.
{"title":"THE “LIABILITY CONVENTION” IN A CLASH WITH PRACTICE – EXAMPLE OF THE “KOSMOS 954” SATELLITE","authors":"Michał Pietkiewicz","doi":"10.31338/2544-3135.si.2023-97.4","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.4","url":null,"abstract":"The article examines the settlement of international claims and disputes arising from faulty nuclear-powered satellites which fall on another state’s territory. The author analyzes diplomatic relations between the USSR and Canada and the content and legal settlement of the international dispute resulting from the Soviet Cosmos-954 satellite disintegrating on Canadian territory. The author concludes that the 1971 Convention on International Liability for Damage Caused by Space Objects was adopted within the appropriate time- frame, and that it forms a reliable foundation for the settlement of conflicts between the States in this area. However, the 1981 bilateral agreement “Settlement of the Claim between Canada and the Union of Soviet Socialist Republics for Damage Caused by “Cosmos 954”” showed that it has never been utilized. This contravenes the international treaty regulating international liability for damage caused by space objects. Therefore, the biggest question of all materializes here: did the international community need space law? Even though it is the newest branch of public international law, it is almost 60 years old. This period of time (more than half a century) has only seen it in academic discussions on how states should abide by it. The lack of relevant case law is a good and bad thing at the same time. Bad – because we still do not know how international courts and tribunals will apply norms of space law. Good – because up until now we have not experienced an international conflict that states have not been able to solve by diplomatic measures.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377565","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}
Pub Date : 2023-09-20DOI: 10.31338/2544-3135.si.2023-97.11
Michał Matusiak
The article below addresses the Artemis Accords. It is a non-binding act by which its signatories adopted a set of principles for space exploration. Even though it is not an international treaty, it is a controversial issue. The author presents the Artemis Accords against the background of international agreements, soft-law and domestic regulations, aiming to answer the question of their revolutionary character and of them being an agreement between states that strive for a common goal. Firstly, the author presents the problem of space mining and the related possibilities. There are numerous benefits from this new branch of economy, but there is also a risk of global conflict on the ground of a race for space resources. After this, the author presents the state of affairs of international law and tries to draw crucial conclusions on the subject of space mining. The last part of the paper is devoted to an analysis of the Artemis Accords as a non-binding agreement between states and as a new platform which allows the launch of a new era of conquest of outer space. At the end the author presents his opinion on the Artemis Accords as an instrument of a new space policy of world’s superpower and its allies.
{"title":"ARTEMIS ACCORDS – A NEW ERA OF SPACE LAW OR AN INITIATIVE OF THE WORLD’S SUPERPOWER?","authors":"Michał Matusiak","doi":"10.31338/2544-3135.si.2023-97.11","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.11","url":null,"abstract":"The article below addresses the Artemis Accords. It is a non-binding act by which its signatories adopted a set of principles for space exploration. Even though it is not an international treaty, it is a controversial issue. The author presents the Artemis Accords against the background of international agreements, soft-law and domestic regulations, aiming to answer the question of their revolutionary character and of them being an agreement between states that strive for a common goal. Firstly, the author presents the problem of space mining and the related possibilities. There are numerous benefits from this new branch of economy, but there is also a risk of global conflict on the ground of a race for space resources. After this, the author presents the state of affairs of international law and tries to draw crucial conclusions on the subject of space mining. The last part of the paper is devoted to an analysis of the Artemis Accords as a non-binding agreement between states and as a new platform which allows the launch of a new era of conquest of outer space. At the end the author presents his opinion on the Artemis Accords as an instrument of a new space policy of world’s superpower and its allies.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377567","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}
Pub Date : 2023-09-20DOI: 10.31338/2544-3135.si.2023-97.2
Łukasz Kułaga
Space law is clearly oriented towards creation of soft law instruments and their subsequent implementation directly into national law. However, it is not an ideal method for regulating the peaceful use of outer space. At least a few problematic issues should be noted. Firstly, the lack of scrutiny by parliaments with regard to soft law standards accepted by States. Secondly, the multiplicity of soft law documents on the same subject matter – especially in the case of space debris (IADC, UN, ISO or ESA), which may not be fully identical. Thirdly, developments in space technology mean that existing soft law standards may nevertheless be outdated in practice. Fourthly, the creation of new soft law is not always a quick process. However, implementation of international soft law relating to outer space into domestic law ensures that international norms are binding under national law. It thus strives to guarantee both the development and the effectiveness of international space law, despite the absence of new treaty regulations.
{"title":"IMPLEMENTATION OF SOFT LAW RELATING TO OUTER SPACE INTO DOMESTIC LAW","authors":"Łukasz Kułaga","doi":"10.31338/2544-3135.si.2023-97.2","DOIUrl":"https://doi.org/10.31338/2544-3135.si.2023-97.2","url":null,"abstract":"Space law is clearly oriented towards creation of soft law instruments and their subsequent implementation directly into national law. However, it is not an ideal method for regulating the peaceful use of outer space. At least a few problematic issues should be noted. Firstly, the lack of scrutiny by parliaments with regard to soft law standards accepted by States. Secondly, the multiplicity of soft law documents on the same subject matter – especially in the case of space debris (IADC, UN, ISO or ESA), which may not be fully identical. Thirdly, developments in space technology mean that existing soft law standards may nevertheless be outdated in practice. Fourthly, the creation of new soft law is not always a quick process. However, implementation of international soft law relating to outer space into domestic law ensures that international norms are binding under national law. It thus strives to guarantee both the development and the effectiveness of international space law, despite the absence of new treaty regulations.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136377469","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}
Pub Date : 2023-09-20DOI: 10.31338/2544-3135.si.2023-97.1
Aleksander Gubrynowicz
This article discusses the impact the 1972 Liability Convention exerted upon the further discussion on state responsibility and liability rules within the UN International Law Commission. The question it seeks to answer is the issue of how, and to what extent, its provisions influenced the development of international law on the responsibility of states and international organizations and the institution of international liability of states. Most notably, the present article demonstrates how the Liability Convention served as a reference point for the International Law Commission’s works struggling to codify the general rules of states’ liability. It also examines the factors that, from the mid- 1990s onward, have steadily diminished its role in the ongoing debate and how it finally informed the final shape of the 2006 Draft principles on the allocation of loss in the case of transboundary harm arising from hazardous activities. Furthermore, it analyses the 2001 Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the 2011 Articles on Responsibility of International Organizations (ARIO). With this in mind, it is put forward that the differences mandate strict differentiation between international responsibility and international liability at the theoretical level. Nonetheless, the Liability Convention could furnish patterns based on which, notably, the institution of joint and several responsibility of states and international organizations, respectively, have been modelled. Therefore, it is concluded that the lex specialis and the self-contained character of the regime established under this Convention effectively limit its impact on the development of international regimes of responsibility and liability of states and international organizations. However, they do not eliminate them altogether. Ironically, in practical terms, the Convention marked the 2001 ARSIWA and, indirectly, the 2011 ARIO more decisively than the 2006 Draft Principles, even though the Convention – similar to the DP 2006 – addresses states’ liability, not their responsibility.
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