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The Status of Women in the Armed Forces 妇女在军队中的地位
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10117
Elżbieta Karska, Karol Karski, Konrad Wnorowski
The military service of female soldiers is now permanently embedded in the operation of the armed forces of many countries in the world. The availability of this form of professional activity for women was often only theoretical in many countries a few decades ago. Due to the gradual opening of the armed forces to women, international organizations, such as the UN, NATO or the European Union, have also begun to deal with this issue in the context of the protection of human rights, especially in the field of equality, the gender perspective or combating discrimination on the grounds of sex. A number of actions have been taken in the international arena to systematize this state of affairs and create appropriate models addressed at individual countries. This set of developed regulations in the form of documents, guidelines or recommendations constitutes the international standards for the protection of human rights in the field of military service of women in the armed forces. The purpose of this paper is to compare the Polish reality in which female soldiers serve, with these standards. A comparison of both spheres will allow conclusions to be drawn regarding the translation of these standards into the Polish army and to indicate mutual correlations in this respect. This will also give an indication as to the level of applicability of the latter in the terms of the specific guarantees they provide for female soldiers.
女兵的军事服务现在已经永久地融入了世界上许多国家武装部队的行动中。几十年前,许多国家对妇女提供这种形式的专业活动往往只是理论上的。由于武装部队逐步向妇女开放,联合国、北约或欧洲联盟等国际组织也开始在保护人权的背景下处理这一问题,特别是在平等、性别观点或打击基于性别的歧视方面。在国际舞台上已经采取了一些行动,使这种状况系统化,并针对个别国家建立适当的模式。这套以文件、准则或建议形式制定的条例构成了在武装部队妇女服兵役领域保护人权的国际标准。本文的目的是将波兰女兵服役的现实与这些标准进行比较。对这两个领域进行比较,就可以得出将这些标准翻译到波兰军队中的结论,并指出这方面的相互关系。这也将表明后者在为女兵提供具体保障方面的适用程度。
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引用次数: 0
Current Challenges of International and European Human Rights Law: Introductory Remarks 当前国际和欧洲人权法的挑战:导言
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10112
Elżbieta Karska, Karol Karski
The protection of human rights is one of the most important issues in the modern world and their development is a challenge for all legal systems. Human rights protection is an established fact in international law. This is both an expression of the expectations of the states that have created this system and an instrument designed to see the solutions contained therein incorporated into national legal systems. Human rights are of particular interest on the Old Continent. They have been developed both within the regional system of the Council of Europe and, as ‘fundamental rights’, within the European Union. Human rights are one of those areas where both legally binding instruments and ‘soft law’ acts are adopted. These acts of ‘soft law’ do not formally create legal obligations but they nevertheless affect their addressees, including states, by virtue of the respect given to the entities that adopt them. There are also examples of ‘soft law’ acts having institutional setting and significance with the creation of bodies to monitor their implementation. This paper contains introductory remarks in relation to current issues in the field of international and European human rights law that are presented in this Special Issue of the International Community Law Review (ICLR).
保护人权是现代世界最重要的问题之一,人权的发展对所有法律制度都是一项挑战。人权保护是国际法上的既定事实。这既表达了建立这一制度的国家的期望,也是一项旨在将其中所载的解决办法纳入国家法律制度的文书。人权是旧大陆特别关心的问题。这些权利是在欧洲委员会的区域体系内发展起来的,也是在欧洲联盟内作为“基本权利”发展起来的。人权是同时采用具有法律约束力的文书和“软法”行为的领域之一。这些“软法”行为并不正式产生法律义务,但由于对采取这些行为的实体的尊重,它们仍然影响到包括国家在内的目标。还有一些“软法”行为具有制度背景和意义的例子,因为设立了监督其实施的机构。本文载有关于本期《国际共同体法律评论》特刊所载的国际和欧洲人权法领域当前问题的介绍性评论。
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引用次数: 0
ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014 欧洲人权法院关于俄罗斯侵略乌克兰及2014年以后发生的事件的判例法
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10115
Jakub J. Czepek
Ukraine has faced ongoing armed conflict within the eastern parts of its territory since 2014. The state witnessed the annexation of Crimea, de facto occupation of Donetsk and Lugansk regions, the shooting down of Flight MH-17, and numerous human rights violations in the eastern parts of the country. Since the Russian aggression in 2022, Ukraine has faced armed conflict throughout the country. At the same time, Russia and Ukraine had been states parties to the European Convention on Human Rights (ECHR). Russia ceased to be a party to the ECHR on 16 September 2022, due to its expulsion from the Council of Europe (CoE) six months earlier. All the applications against the Russian Federation filed to the European Court on Human Rights (ECtHR) before this date should – and will – be examined by the Court. This research mainly aims to analyse the Court’s existing case-law concerning the events in Ukraine after 2014, and the ECtHR jurisprudence concerning armed conflicts. The purpose of such analysis is to examine the possibilities and challenges the Court will face in its forthcoming judgments in inter-state applications filed by Ukraine against Russia. It should be stressed that the execution of these future judgments may also be an issue.
自2014年以来,乌克兰在其领土东部地区面临持续的武装冲突。在这个国家,克里米亚被吞并,顿涅茨克和卢甘斯克地区被实际占领,MH-17航班被击落,该国东部地区发生了许多侵犯人权的行为。自2022年俄罗斯入侵以来,乌克兰全国各地都面临武装冲突。与此同时,俄罗斯和乌克兰是《欧洲人权公约》的缔约国。由于六个月前被欧洲委员会(CoE)驱逐,俄罗斯于2022年9月16日不再是《欧洲人权公约》的缔约国。在这一日期之前向欧洲人权法院(欧洲人权法院)提出的针对俄罗斯联邦的所有申请都应该并将由该法院审查。本研究主要旨在分析欧洲人权法院关于2014年之后乌克兰事件的现有判例法,以及欧洲人权法院关于武装冲突的判例。这种分析的目的是审查法院在即将对乌克兰对俄罗斯提出的国家间申请作出判决时将面临的可能性和挑战。应当强调指出,今后这些判决的执行也可能是一个问题。
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引用次数: 0
The Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension 在普遍、欧洲和波兰层面的结婚权和建立家庭权
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10118
Paweł Bucoń
The subject of the article is an analysis of the human right to marry and the right to establish a family. The author considers the guarantees of this right in three areas. The first one is the universal dimension, the essence of which are the documents guaranteeing the protection of human rights adopted by the United Nations: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Social, Economic and Cultural Rights. In the European dimension, the most important is Article 12 of the European Convention on Human Rights, ensuring the right to marry for a man and a woman who have reached the appropriate age. In the Polish national dimension, Article 18 of the Constitution of the Republic of Poland of 1997 solidified the existing traditional form of marriage, i.e. the state of a union between a man and a woman. It also ensures the care and protection of the state to families created on the basis of a formally concluded marriage, as well as to other families, especially those with many children and incomplete families. According to the author, the right to get married and the right to found a family are connected and complementary, but the right to start a family can be exercised independently of getting married.
本文的主题是对婚姻权和建立家庭权的人权分析。作者从三个方面考虑了这一权利的保障。第一个是普遍层面,其实质是联合国通过的保障保护人权的文件:《世界人权宣言》、《公民权利和政治权利国际盟约》和《社会、经济、文化权利国际盟约》。在欧洲方面,最重要的是《欧洲人权公约》第12条,该条确保达到适当年龄的男女结婚的权利。在波兰国家方面,1997年《波兰共和国宪法》第18条巩固了现有的传统婚姻形式,即一男一女结合的状态。它还确保国家照顾和保护在正式缔结的婚姻基础上建立的家庭,以及其他家庭,特别是那些有许多子女和不完整家庭的家庭。提交人认为,结婚权和组建家庭权是相互联系和相辅相成的,但组建家庭权可以独立于结婚行使。
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引用次数: 0
The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview 欧洲委员会软法在波兰法院诉讼中的作用:历史回顾
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10119
Katarzyna Grzelak-Bach
This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts.
本文介绍了欧洲委员会软法在波兰法院诉讼中的作用的历史概述。软法是指不具有正式法律约束力,但却构成国家权力机构运作的重要指导方针的法律行为。这篇文章的重点是欧洲委员会通过的文件,如决议、建议或宣言,在塑造波兰法律制度的过程中所起的作用。对欧洲委员会在人权保护、平等和法庭诉讼标准领域提出的准则和标准进行了分析。本文还展示了波兰法院相对于欧洲委员会软法立场的演变。欧洲委员会通过的文件是否已纳入波兰法律制度的法律论据和判例,以及如何纳入的?本研究旨在概述欧洲委员会软法在波兰法院诉讼中应用的历史关键时刻和趋势。它展示了这些软文书对波兰法律制度和法律文化发展的影响,以及对波兰法院对国际标准的认识和使用的演变的影响。
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引用次数: 0
Modern Technologies as a Challenge for the Right to Privacy under the European Convention on Human Rights 现代技术对欧洲人权公约隐私权的挑战
IF 0.7 Q3 LAW Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10116
Bartosz Ziemblicki
The paper explores the right to privacy as a human right and its contemporary challenges in the digital age. It discusses the definition of privacy, its recognition in international human rights documents, and the wording of the right to privacy in the European Convention on Human Rights (ECHR). The article highlights the increasing difficulty of protecting privacy in the digital age and the potential threats posed by modern technologies. It also examines the balance between the right to privacy and freedom of expression, particularly on the internet, citing relevant case law from the European Court of Human Rights (ECtHR). Furthermore, the article discusses mass surveillance and the protection of personal data as a component of the right to privacy. It emphasizes the importance of effectively enforcing the right to privacy to protect individuals and societies.
本文探讨了隐私权作为一项人权及其在数字时代面临的当代挑战。讨论了隐私权的定义、国际人权文件对隐私权的承认以及欧洲人权公约(ECHR)对隐私权的表述。这篇文章强调了在数字时代保护隐私的难度越来越大,以及现代技术带来的潜在威胁。报告还引用了欧洲人权法院(ECtHR)的相关判例法,研究了隐私权和言论自由之间的平衡,尤其是在互联网上。此外,本文还讨论了作为隐私权组成部分的大规模监视和个人数据保护。它强调有效执行隐私权以保护个人和社会的重要性。
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引用次数: 0
The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law 国际人道主义法和国际人权法基本标准的共同核心
IF 0.7 Q3 LAW Pub Date : 2023-11-21 DOI: 10.1163/18719732-bja10114
Krzysztof Orzeszyna
The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis, the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations must be compatible with other international obligations of the state, including humanitarian law. In the event of a conflict between international humanitarian law and international human rights law, the mechanism for resolving conflicts between the standards was supplemented by an interpretation based on the principle of ‘system integration’ of the International Court of Justice which results in the ‘humanization’ of international humanitarian law. The evolution of the case-law of the European Court of Human Rights, which takes into account the international humanitarian law as the reference norm that should be referred to, demonstrates the close relationship between these areas of law. In the case of the application of universal and regional instruments of international human rights law, we are dealing with the ‘humanitarianization’ of these rights.
本文讨论了国际人道主义法和国际人权法在武装冲突中的融合问题。国际人权法和人权法趋同并相互影响,因为自然法是这两门国际公法的核心。虽然国际人道主义法是特别法,但有关条约解释的一般规则明确指出,国际人权法必须在其他国际法规则的背景下加以解释,其可能的减损必须与国家的其他国际义务,包括人道主义法相一致。在国际人道法与国际人权法发生冲突的情况下,根据国际法院的 "系统整合 "原 则进行解释,使国际人道法 "人性化",从而补充了解决标准之间冲突的机制。欧洲人权法院的判例法将国际人道法作为应参照的参考准则,其演变表明了这些法律领域之间的密切关系。在适用国际人权法的普遍性和区域性文书方面,我们正在处理这些权利的 "人道主 义化 "问题。
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引用次数: 0
Law and Torture: Contemporary Legal Scholarship on Torture, from the Doctrinal to the Critical 法律与酷刑:当代酷刑法学研究,从理论到批判
IF 0.7 Q3 LAW Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10096
Ergun Cakal
Legal scholars have historically studied and shaped attitudes and approaches to torture – in its infliction, identification, and inhibition. The role of law in the contemporary anti-torture movement has been no less important – with the law, its logics and lawyers positing and animating the prevailing international anti-torture framework. This article reviews the contemporary ‘law and torture’ scholarship published in the last forty years in the English language – examining and charting its assumptions, preponderances, and orientations. In so doing, the article situates the cares and concerns of scholars (and their texts) along a doctrinal-critical continuum. The article aims to illustrate areas in which research is advanced and others which remain understudied – concluding with several connections and directions for future research.
历史上,法律学者一直在研究和塑造对酷刑的态度和方法——包括酷刑的施加、识别和抑制。法律在当代反酷刑运动中的作用同样重要——法律、其逻辑和律师提出并推动了现行的国际反酷刑框架。这篇文章回顾了近四十年来用英语发表的当代“法律与酷刑”学术研究——检查并绘制了其假设、优势和方向。在这样做的过程中,文章将学者们(和他们的文本)的关心和关注置于一个教义-批判的连续体上。本文旨在说明研究进展的领域和其他尚未充分研究的领域,并总结了未来研究的几个联系和方向。
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引用次数: 0
Editorial: International Community Law Review Issue 25:5 社论:《国际社会法律评论》第25:5期
IF 0.7 Q3 LAW Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10110
K. Allinson
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引用次数: 0
Redefining the Principle of Permanent Sovereignty over Natural Resources from a Geographical Perspective 从地理学角度重新界定自然资源永久主权原则
IF 0.7 Q3 LAW Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10098
I. Ibrahim
The principle of permanent sovereignty over natural resources has been a subject of debate since its emergence. Scholars have discussed its purpose and effectiveness, as well as whether there is a need to reinterpret or update it given the numerous changes that have taken place over the last few decades. This article falls under the latter category, as the author argues for the need to redefine this concept, since its current definition does not allow its practical implementation in the transboundary context. To prove this point, transboundary aquifers are selected as a case study, as well as their most recent legal instrument, the Draft Articles on the Law of Transboundary Aquifers, adopted in 2008.
对自然资源拥有永久主权的原则自出现以来一直是争论的主题。学者们讨论了它的目的和有效性,以及考虑到过去几十年发生的众多变化,是否有必要重新解释或更新它。本文属于后一类,因为作者认为需要重新定义这一概念,因为其目前的定义不允许在跨界情况下实际执行。为了证明这一点,我们选择跨界含水层作为案例研究,以及他们最近的法律文书——2008年通过的《跨界含水层法条款草案》。
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引用次数: 0
期刊
International Community Law Review
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