international law

International Law and the Nagorno–Karabakh War: Opinion on Political Aspects

Author: Sadir Surkhay Mammadov
Institution: Baku Slavic University (Azerbaijan)
Year of publication: 2016
Source: Show
Pages: 385-390
DOI Address: http://dx.doi.org/10.15804/ppsy2016028
PDF: ppsy/45/ppsy2016028.pdf

The opinion report considers relations between international norms, Azerbaijan’s national legal system and political understandings of the Nagorno–Karabakh conflict. It discusses classification of Armenian actions in a context of the international law’s development and an impact of international regulations on national criminal codes. Therefore, it presents the Azerbaijani perspective on major political aspects of the Nagorno–Karabakh War and international response to Armenian occupation of Azerbaijan’s territories. Moreover, it evaluates Armenian actions in the region with reference to the definition of genocide and international policy of its prevention. In general, the opinion report shows how the Azerbaijani society understands the conflict and how it may be classified on the basis of the Soviet law (as acts of terror has started in the late 1980s), the international law and the contemporary Criminal Code of the Republic of Azerbaijan. As a result, it is not only a report that introduces the Azerbaijan’s perspective on the issue, but it can also be recognised as an interesting source to understand how the Azerbaijani people label actions of their neighbouring nation. 

Bacteriological (Biological) and Toxin Weapons as the Source of Endangerment for the Contemporary World and the Reason for the International Law Regulations Being a Subject of Abuse

Author: Wojciech Stankiewicz
Institution: University of Warmia and Mazury in Olsztyn (Poland)
Year of publication: 2006
Source: Show
Pages: 16-32
DOI Address: http://dx.doi.org/10.15804/ppsy2006002
PDF: ppsy/35/ppsy2006002.pdf

Among the kinds of CB Weapons, the chemical one might be considered as the one with the longest history of widespread warfare applicability, whereas the biological one as the developed problem of the recent two centuries but also having its roots in ancient eras. The consequences of the usage of CBs are acknowledged by the international conventions dealing with the CB phenomenon. Although the provisions provide solutions and declarations of the minimised usage of CB weapons as the method of warfare and the limited laboratory testing in accordance to the sake of all mankind, the problem still exists. Nowadays, it is especially discussed after the events of 11.09.2001, which brought about the airborne attack on the the two towers of the World Trade Centre in New York and the proceeding events of the Bacillus anthracis4 intoxication spread across the United States of America. 

Jednostka wobec rządów prawa

Author: Witold Sobczak
Institution: Akademia im. Jakuba z Paradyża w Gorzowie Wlkp
Year of publication: 2017
Source: Show
Pages: 51-75
DOI Address: http://dx.doi.org/10.15804/ksm201704
PDF: ksm/22/ksm201704.pdf

This text focuses on the issue of the functioning of the individual in the state. The main issues analysed in the text are: autonomy and privacy units, the influence of the individual on political decisions, legitimization of political power, the universal protection of human rights. An attempt to answer the question about the scope of the possibility of entering the state into the sphere of human rights, rights of individual.

Current International Situation in the South China Sea the Path to Confrontation?

Author: Karol Kościelniak
Institution: Adam Mickiewicz University in Poznań
Year of publication: 2013
Source: Show
Pages: 138-149
DOI Address: https://doi.org/10.15804/rop201308
PDF: rop/2013/rop201308.pdf

In recent years, the South China Sea area has become the arena of competition between the countries of Southeast Asia that set up claims to maritime areas and the islands, and, all the more, want to control and exploit what can be found under the seabed, namely the deposits of oil and gas. The situation in the area cannot even be resolved by the United Nations Convention on the Law of the Sea (Montego Bay, 1982). Apart from the resources found in the sea and under the seabed, this body of water is an important shipping route, which makes it a strategically significant area for each of the countries located there, or those whose interests involve the South China Sea.
In this work, I describe the current situation in the waters of South China Sea: whether the countries bordering it strive for conflict or just secure their interests. It turns out each of the states will set up demands to the islands on this sea and especially to everything that lives in the sea and is to be found under the seabed. Minor, and also more significant incidents will happen, but it does not seem likely that any serious open conflict between the states of the region will break out in the close future. None of the countries pursues it and they do everything they can to maintain the status quo.

The Right of Indigenous Peoples to Self-Determination: International Law Perspective

Author: Agnieszka Szpak
Institution: Nicolaus Copernicus University in Toruń
Year of publication: 2018
Source: Show
Pages: 178-204
DOI Address: https://doi.org/10.15804/athena.2018.59.12
PDF: apsp/59/apsp5912.pdf

The author offers an international law perspective on a specific issue of self-determination of indigenous peoples. The article begins with the definition of indigenous peoples, then proceeds to self-determination in general. The last section examines the forms of indigenous selfdetermination and its meaning for indigenous peoples. Indigenous peoples have a right to self-determination which allows them for control over their destiny, their livelihoods, their culture and customs. It may be realized, most of all, in the form of autonomy or self-governance. As such, self-determination allows indigenous peoples to participate in decision making in matters that affect their rights.

The Responsibility to Protect (R2P) and the Problem of Political Will

Author: Jed Lea-Henry
Institution: Vignan University (India)
Year of publication: 2018
Source: Show
Pages: 553-570
DOI Address: https://doi.org/10.15804/ppsy2018308
PDF: ppsy/47-3/ppsy2018308.pdf

The Responsibility to Protect (R2P) was created in the hope of overcoming the barrier that state sovereignty, as a principle, had become to actions of humanitarian intervention. It was imagined that as mass atrocity crimes were coming to the attention of the international community, that, on the whole, they were willing, able and eager to intervene in order to stop the violence in question. Holding them back was sovereignty as both a legal and normative barrier. This was always a bad explanation for the pervasive lack of humanitarian intervention; accordingly R2P, as a bad solution, has failed almost entirely. The problem is, and always has been, that when faced with mass atrocity crimes, the international community is plagued by a near-permanent lack of political will to action.

Zasada nieingerencji w sprawy wewnętrzne innego kraju oraz jej miejsce w polityce zagranicznej Chińskiej Republiki Ludowej

Author: Marcin Adamczyk
Institution: Uniwersytet Wrocławski
Author: Magdalena Debita
Institution: Uniwersytet Wrocławski
Year of publication: 2018
Source: Show
Pages: 7-32
DOI Address: https://doi.org/10.15804/so2018201
PDF: so/14/so1401.pdf

The principle of non-interference in another country internal affairs and its role in People’s Republic of China foreign policy

This essay is an attempt to elaborate the role of state sovereignty and the resulting principle of non-interference in the law and practice of international relations. Authors undertook an attempt to map out the course of the evolutionary process of changing the perception of these rules and the relationship between the concept of state sovereignty and the principle of non-interference in the light of the most important acts of international law. Authors found a need to answer the question about whether and when interference in another country policy is legally and actually permissible. Moreover the goal of the article is to describe and to explain the role of non-interference principle in China’s foreign policy after year 1949. In order to achieve the stated assumption, authors analyze its historical determinant (dated back to the mid of nineteenth century) and also following, after the end of World War II, process of seeking support in international law, in face of two imperialism, which were adversarial to each other. Authors also consider the reasons for China’s economic success in Africa in the context of the principle of non-interference, to finally move into the issue regarding the evolution of the sovereignty perception and non-interference policy among Chinese decision-makers.

The Emotional Backdrop of Legal Discourses in South China Sea Disputes

Author: Eric Pomès
Institution: Vendée Catholic University (ICES) (France)
Author: Jean-Marc Coicaud
Institution: Rutgers University, State University of New Jersey (USA)
Published online: 10 June 2021
Final submission: 1 August 2020
Printed issue: December 2021
Source: Show
Page no: 18
Pages: 25-42
DOI Address: https://doi.org/10.15804/ppsy202104
PDF: ppsy/50/ppsy202104.pdf

The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper’s singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.

Cities, Transnational Law, and COVID-19

Author: Agnieszka Szpak
Institution: Nicolaus Copernicus University (Poland)
ORCID: https://orcid.org/0000-0001-7601-1230
Author: Joanna Modrzyńska
Institution: Nicolaus Copernicus University (Poland)
ORCID: https://orcid.org/0000-0002-5409-6787
Published online: 2 November 2021
Final submission: 24 October 2021
Printed issue: 2021
Source: Show
Page no: 18
Pages: 75-92
DOI Address: https://doi.org/10.15804/ppsy202154
PDF: ppsy/50/ppsy202154_5.pdf

This paper aims to point to the transition from international law to transnational law that, on the one hand, is caused, and on the other, is strengthened by the growing role of cities in the fight against COVID-19. Various interactions between cities and other international actors give rise to new trends and challenges on the international plane. One of such terms, transnational law, refers to developments beyond the nation-state and includes “all law which regulates actions or events that transcend national frontiers”. It is characterized by a plurality of overlapping normative systems and a growing role of new actors in the international arena, which are cities. The authors give examples of cities bypassing or complementing states with special emphasis on European cities (Polish including) as well as of cities’ transnational cooperation to fight COVID-19 pandemic, filling the gaps in inter-governmental multilateral cooperation.

Miejsce umów międzynarodowych w porządku prawnym Ukrainy

Author: Tetiana Konovalenko
Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
ORCID: https://orcid.org/0000-0001-8747-7992
Year of publication: 2022
Source: Show
Pages: 213-224
DOI Address: https://doi.org/10.15804/ppk.2022.03.16
PDF: ppk/67/ppk6716.pdf

Place of International Law in the Legal System of Ukraine

An important factor in shaping the legal system of an independent democratic state is to define the place of its international obligations in the domestic legal system. International law binds states that are bound by its norms governing their cooperation within the international community. Therefore, it is necessary to refer to the problem of the relation of international law to internal law by analyzing the regulations of the Ukrainian legislation and the international conventions concluded by it. The subject of the analysis are the provisions of the Constitution of Ukraine of 1996 and the Act on International Agreements of 2004 as well as the provisions of the Vienna Convention on the Law of Treaties of 1969, to which the Ukrainian Soviet Socialist Republic acceded in 1986 and to which Ukraine is now a party.

Toxic Ticking Time-Bomb in the Baltic Sea and Threats to Poland’s Security

Author: Rafał Willa
Institution: Nicolaus Copernicus University (Poland)
ORCID: https://orcid.org/0000-0002-1373-3823
Author: Agnieszka Szpak
Institution: Nicolaus Copernicus University (Poland)
ORCID: https://orcid.org/0000-0002-1373-3823
Published online: 25 July 2022
Final submission: 17 June 2022
Printed issue: 2023
Source: Show
Page no: 18
Pages: 187-204
DOI Address: https://doi.org/10.15804/ppsy202233
PDF: ppsy/51/ppsy202233-12.pdf

The authors examine the threats from hazardous toxic materials from World War II wrecks sunk in the Baltic Sea and their cargo of chemical ammunition, indicate Poland’s reaction to this situation, and map out Polish obligations in this regard. This problem gives rise to multiple uncertainties about the exact nature of threats to environmental/ecological security, marine security, human security (including health security), economic security and food safety. The authors also elaborate on legal regulations relevant in this context. The research methods include formal-institutional analysis of relevant legal documents and discourse analysis. The main conclusions are: 1. toxic materials in the Baltic Sea threaten ecological, economic, human and security; 2. food safety in all Baltic states might be endangered; Poland should accede to the Nairobi Wreck Removal Convention; and Poland should cooperate regionally to resolve the problem of the Baltic chemical waste.

Trends in Political and Economic Cooperation of the Koreas Since the Last Inter-Korean Summit

Author: Lech Buczek
Institution: Department of Political Science, The John Paul II Catholic University of Lublin.
Year of publication: 2013
Source: Show
Pages: 146-159
DOI Address: https://doi.org/10.15804/athena.2013.40.10
PDF: apsp/40/apsp4010.pdf

This Article concerns relations between the Korean states after the second inter-Korean summit. The evolution of inter-Korean relations can be divided into periods that mirror the nature and specific character of cooperation and rivalry of the two Koreas. Inter-korean dialogue cover the issues of a unification dialogue and an economic and cultural cooperation; it is worth noting that all the mentioned areas of cooperation overlap. Ever since the Sunshine Policy initiated by President Kim Dae-jung, it has become apparent that one of the main obstacles to the unification of the Koreas is the economic gap; therefore, increased economic cooperation was to be sought. Despite the failure of some economic projects, owing to the economic initiatives and increased cooperation, the Korean states have strengthened mutual trust. The Republic of Korea has become the second largest DPRK’s trading partner after China.

Ochrona prawna wolności myśli, sumienia i wyznania

Author: Teresa Astramowicz-Leyk
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
ORCID: https://orcid.org/0000-0001-5881-2325
Author: Yaryna Turchyn
Institution: Uniwersytet Narodowy Politechnika Lwowska
ORCID: https://orcid.org/0000-0002-9114-1911
Year of publication: 2023
Source: Show
Pages: 193-205
DOI Address: https://doi.org/10.15804/ppk.2023.02.14
PDF: ppk/72/ppk7214.pdf

Legal Protection of Freedom of Thought, Conscience and Religion

Freedom of thought, conscience and religion is one of the fundamental freedoms of individual, which has to be and is protected by international and national law, as shown on the example of the Polish Constitution. Freedom of conscience includes both the right of individual to choose the worldview and the right to change it. Freedom of religion ensures the right to express and manifest the views and convictions on religion individually and collectively, privately or publicly. Considering derogation of freedom of thought, conscience and religion, international law states that it may be restricted, but only in specific circumstances and under the legal act. The Polish Constitution is in line with international law in terms of restricting the above freedom.

Ochrona korespondencji w systemie prawa polskiego – perspektywa ustrojowa

Author: Maria Gołda-Sobczak
Institution: Uniwersytet Adama Mickiewicza w Warszawie
Year of publication: 2018
Source: Show
Pages: 45-68
DOI Address: https://doi.org/10.15804/tpn2018.1.04
PDF: tpn/13/TPN2018104.pdf

The secret of correspondence is a very important rights and freedoms. It is guaranteed in acts of international law and by the provisions of the Polish Constitution. In the system of Polish law, constitutional norms specify the provisions of civil law, concerning personal rights, copyright and criminal law. The term correspondence should be understood broadly in the present relations and not limited only to traditional paper letters.

Prasa litewska o traktacie polsko-litewskim w przededniu jego podpisania

Author: Adas Jakubauskas
Institution: Uniwersytet Michała Römera w Wilnie
Year of publication: 2014
Source: Show
Pages: 116-123
DOI Address: https://doi.org/10.15804/tpn2014.1.07
PDF: tpn/6/TPN2014107.pdf

On 26 April 1994, the Lithuanian and Polish presidents signed in Vilnius the Treaty between the Republic of Lithuania and the Republic of Poland on friendly relations and good neighbourly cooperation. The Lithuanian press devoted much attention to the progress of negotiations in drafting this document and to its ratification by the Lithuanian Seimas in October 1994. During 1993–1994, the Lithuanian newspapers Lietuvos rytas, Respublika, Lietuvos aidas, Tiesa, Kurier Wileński, also several smaller newspapers, such as Voruta, Gimtasis kraštas, Atgimimas, SSI, Amžius, published the articles devoted to a discussion of the Lithuanian-Polish relations. This publication aims at conducting an analysis of the Lithuanian press and reviewing the articles devoted to the drafting, signature and ratification of the Treaty between the Republic of Lithuania and the Republic of Poland on friendly relations and good neighbourly cooperation, as well as to the political situation in Lithuania at the time of the drafting and signature of the mentioned agreement.

Rola i znaczenie międzynarodowych rozwiązań prawnych wobec procesów globalizacji

Author: Tomasz Lenkiewicz
Year of publication: 2016
Source: Show
Pages: 70-80
DOI Address: https://doi.org/10.15804/cip201605
PDF: cip/14/cip1405.pdf

The role and importance of the international legal solutions to global processes

Growing international inter dependencies, weakening of internal and external sovereignty of the state and necessity of joint overcoming of problems and global threats reveals the necessity of creating new rules of global order, based not only on nation states, but also on growing number of international organizations and institutions, regional groupings, communities and local organizations. The globalization of political life fosters rise of number of institutions, organizations and international groupings and development of international law. The cooperation between them should respect the rules of equality, freedom, democracy, partnership, solidarity, respect for cultural diversity and environmental protection.

К вопросу о геноциде боснийских мусульман

Author: Парвана Мустафазаде
Institution: НАН Азербайджана, Азербайджан
ORCID: https://orcid.org/0000-0002-3784-9986
Year of publication: 2023
Source: Show
Pages: 58-71
DOI Address: https://doi.org/10.15804/so2023104
PDF: so/25/so2504.pdf

An Overview of the Problem of Genocide of Bosnian Muslims

The article deals with the problem of genocide of Bosnian Muslims, its main causes and consequences. It analyses international judicial decisions adopted in international practice, specifically the decision of the International Criminal Tribunal for the Former Yugoslavia (1993–2017). The relevance of this topic is associated with the growing aggressiveness of the subjects of international relations, lack of principles for international legal responsibility and a mechanism for resolving such actions. The purpose of this article is to conduct a comprehensive study and analysis of the phenomenon of genocide drawing on the examples of the events in the former Yugoslavia, specifically the problem of genocide of Bosnian Muslims in international legal practice.

The International Legal Order and Hybrid Wars

Author: Artem Samorodov
Institution: National Academy of Legal Sciences of Ukraine, Ukraine
ORCID: https://orcid.org/0000-0001-5572-4696
Year of publication: 2023
Source: Show
Pages: 39-45
DOI Address: https://doi.org/10.15804/CPLS.2023404
PDF: cpls/8/cpls804.pdf

This article addresses the urgent issue of hybrid threats within the international legal framework. It examines their implications through the lens of the conflict in Ukraine, Israel and other violations of fundamental principles of international law by authoritarian actors. The author critically evaluates the inadequacy of the current international legal system in dealing with the complex nature of hybrid threats, which exploit vulnerabilities in democratic societies. The article advocates for a comprehensive approach, calling for reforms at national, regional, and international levels to strengthen resilience and establish a more secure and adaptable international system. Throughout the article, various proposals are presented with the aim of reshaping the global security architecture. The author emphasizes the need for a thorough reassessment of existing international norms and institutions, highlighting the urgency of adopting innovative strategies to protect against the sophisticated tactics employed by authoritarian actors in hybrid warfare.

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