International Community Law Review最新文献

This article provides an overview of the historical and current landscape of climate change litigation, highlighting its transformative impact on public perceptions and governmental policies globally. Ground-breaking cases have compelled States to adopt more ambitious greenhouse gas reduction targets, whilst emphasising a rights-based approach to climate change mitigation and adaptation measures. In fact, strategic climate change litigation is gaining momentum and is likely to continue in volume and importance. This allows for the targeting of a wider range of actors, not least within the private sector, which in turn can pose financial risks to fossil fuel firms. The article also discusses certain emerging trends in the context of climate change litigation, as well as the potential for a shift towards personal responsibility and inter-state arbitration in 2024. It concludes that climate change litigation emerges as a powerful strategy, capable of influencing policy, ensure accountability, and drive systemic change towards climate justice for present and future generations.

The article concludes the Special Issue by exploring the role that international criminal law (ICL) could play in the protection of the environment in light of the three core issues covered in the Special Issue: the right to a healthy environment, climate change litigation and Indigenous peoples’ Earth-Centric vision. First, the paper argues that fora applying ICL, including the International Criminal Court, could offer legal avenues to prosecute serious violations of the right to a healthy environment. Second, it alleges that whilst cases involving conducts leading to environmental degradation and destruction could be brought under ICL, ICL could not address the broader impact of such conducts, including on climate change. Third, it discusses the extent to which ICL could incorporate Indigenous peoples’ Earth-centric approach to enhance the protection of the environment.

The following article critically examines how the structure of international law falls short of embracing common global problems. In this context, the article focuses on the ecological aspects of governance that tend to go beyond state-centric interests. Putting forward an overview of how issues beyond the states’ national jurisdiction are addressed in the present structure of international law, the article examines the challenges of incorporating the Earth-centric approach reflected in the Indigenous cosmovision into that body of law. While the analysis does not attempt to provide any conclusive solutions, it argues that the Earth-centric approach cannot be incorporated into the current international legal framework. Although absolutely indispensable for a sustainable planetary process, the approach would require a complete deconstruction of the global legal order or a radical re-organization of the current structure of international law.

This article examines the substantive and procedural right to a clean environment. The universal right (based on the 2022 Resolution of the UNGA) is critically analysed from the point of view of its universality in the context of Global North and Global South. The procedural environmental right is less controversial. In this article is analysed within the context of the ECHR and the Aarhus Convention. Environmental Impact Assessment is dealt with from the points of view of environmental information and public participation in environmental matters.

This article aims to present an analysis of the categorization of foreigners (aliens) seeking international protection in the European Union from the perspective of the European paradigm of the protection of aliens. Firstly, semantic issues related to understanding the concept of ‘foreigners’ will be presented. This element of the analysis will be crucial for further considerations, as by delineating definitional boundaries, it will determine the picture of identifiable categories of foreigners. Secondly, an outline of European Union legislation forming the legal basis for the main analysis will be presented. Attention will be focused on legal acts from which general and specific categories of foreigners seeking international protection in the European Union can be interpreted. Thirdly, general categories will be presented along with an explanation of their functions in law. Fourthly, specific categories will be presented along with an explanation of their functions in law at the stage of qualification, reception, and procedure. This paper will conclude with a concise summary containing recommendations and other conclusions.

Autism is a spectrum disorder (abbreviated ASD – autism spectrum disorder), which encompasses a variety of developmental challenges in communication, thinking, cognitive skills, interests, and forms of activity, as well as motor skills. Ensuring that people with autism spectrum disorder realise their right to work seems to be a problem in Poland, contributing to their discrimination. The aim of the paper is to present the issue of employment of adults on the autism spectrum in Poland as a member state of the European Union in the light of the international standard. The article discusses the objective and subjective approach to adults with ASD in Poland, the legal conditions of their employment (including international law), as well as the results of empirical research and conclusions in this respect.