Polish Bibliography of International and European Law 2015
Bibliography of Polish authors publishing in the areas of public or private international law and European law (2015)
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Bibliography of Polish authors publishing in the areas of public or private international law and European law (2015)
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When we discuss the crisis of a legal system we also discuss its internal and external aspects. In other words, there is a disturbance of either internal (national) law or international law that brings about the question of functionality as well as the legal core of ethics that needs to be an end result of every modern legal system. In respect to internal aspects of our own legal system, we do not need to address or provide evidence for separate examples since past several decades showed us indisputable facts of the legal system in crisis. As far as the International legal system is concerned we will notice that in the past twenty years the legal crisis has started taking very unsettling turns and proportions. States that have internationally recognized military, economic and political power typically practice high legal standards within their own territory. One of the most striking examples of this inconsistency is United States court system that is practiced within their territory versus the one that is practiced, or supported outside of their territory (Guantanamo and The Hague). Differences are both striking and self-evident. With respect to this, it is easy to conclude that countries such as these, that enjoy international power, do not experience crisis of the legal system, but rather cause one for other countries that lack international power. States that cannot meet or match military, economic and political power on the international scene are only recipients of international legal system that is shaped by more powerful states. In that role weaker states are faced with cyclical crisis of internal legal systems whose inception, duration and intensity are partly if not fully under the influence of the International legal system in crisis. Powerful states secure their stability, which is certainly a precondition for economic and political stability, while they endorse legal instability on the international level, therefore affecting other state’s internal systems. This crisis of the International law as well as internal crisis of many sovereign legal systems has lasted too long and escalated so far that we can start treating it more as the twilight of the legal system than a simple crisis.
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The inventions of the plant and animal varieties and essentially biological processes for the production of plants or animals are excluded from patentability. In view of plant varieties a sui iuris form of legal protection is available under the International Union for the Protection of New Varieties of Plants (UPOV). The aim of legal protection of new plant varieties under UPOV is promoting the development of improved plant varieties for the benefit of farmers, growers and consumers. Effective plant variety protection can open a door to economic development, particularly in the rural sector, providing an incentive for plant breeding in many different situations. The process for the production of plants or animals is essentially biological if it consists entirely of natural phenomenon such as crossing or selection. The exclusion does not apply to micro-biological processes or the products of such processes.
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Starting with the evolution of diplomatic privileges and immunities, from their early stage and ending with the question of whether all the means used for their protection are needed on one hand and justified on another, this paper introduces the reader with rationale of privileges and immunities. The author tried to tackle all main aspects of the mentioned topic. That is why this paper consists both of theoretical and practical views on the topic. Mentioning 3 mayor theories on diplomatic immunities should not only prove the justification of the immunities´ existence in the legal system, but also explain the need for giving the immunity to diplomats. Furthermore, we tried to classify all the immunities and privileges into groups, so we discussed the ones given to the individual diplomatic agent and then the ones given to the mission. Conclusion has been made that inviolability of diplomatic agents and missions are mayor areas of protection in the Vienna Convention on Diplomatic Relations and that they are also essential for the existence of diplomatic relations themselves.
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President Donald Trump’s address to the UN General Assembly in September 2018 was a fresh reminder of the United States’ abdication of leadership and rejection of “globalism.” On more and more issues – trade, climate change, the International Criminal Court and, most recently, the Iran nuclear deal – the United States is becoming increasingly estranged from its traditional allies and partners.
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The “Republic of Cyprus” became an EU Member State on May 1, 2004, without a comprehensive settlement of the Cyprus problem. The country became a member without having full control over all the areas that it claimed to be under its jurisdiction, which contradicts the basic principles of the EU. This admission also constitutes a clear and evident clash with the principles of international law on which it is claimed that the EU is founded. By accepting the unilateral application of the Greek Cypriots, the international agreements related to the sui generis situation of Cyprus have been discredited by the EU. Moreover, with this decision, the final settlement of the Cyprus problem becomes more complicated than before and Turkey-EU relations become more asymmetric in favor of the latter. Deriving from these points, this article analyzes and demonstrates the paradoxes of the contradictory EU membership of the RoC, which is the most controversial membership decision ever made within the EU. Furthermore, the negative implications of this decision for the Cyprus negotiation process and on Turkey-EU relations are also examined.
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The fascinating and dynamic Japanese culture and civilization is based on its development of ethical values, principles and rules of unique, special and highly diversified law. The Japanese legal system brings together a number of special ideas in the context of the evolution and variety of social and moral norms.
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The purpose of the article is not to discuss the form and content of the Charters of Taxpayer’s Rights in individual countries, but to make some generalizations based on the analysis of solutions functioning in different legal systems and proposed as part of international initiatives aimed at dissemination and unification of the Charter concept. These generalizations will be the basis for formulating, at the end of the article, preliminary conclusions regarding the possible role, form and content that the Charter could adopt in the circumstances of the Polish tax system.
More...Актуални правни проблеми
This article is dedicated to some legal problems of the rational use of water in the Republic of Bulgaria. The attention is paid mainly to the legal tools in this direction under the Water Act of 1999. In the conclusion, more general conclusions were drawn from the legal regulation considered.
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This essay focuses on the evolution of economic and political relations between the People’s Republic of Bulgaria and West Germany during the era of Ostpolitik and the Cold War. The passage of three decades since the opening of the Berlin Wall and the collapse of East European Communism permits a more objective assessment of relations between the two states, which were on opposite sides of the Cold War. The steps taken by the Bulgarian and West German governments were designed to establish mutual beneficial ties within the constraints imposed by the international system of the Cold War.
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The report provides an overview of greek-macedonian issue with focus on the Prespa agreement. An overview of the tendencies problems is presented, concerning the relations between the two countries and the international response. The definition of international treaty is given as well as a reference to the provisions of the 1969 Vienna Convention. Detailed information on the provisions of the Prespa agreement is given as well as their internationally and internally implication.
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This study aims at analyzing the Budapest Memorandum, Hungary from 5 December 1994. In this regard, the events leading to the signing of the Memorandum are briefly covered. It also provides a brief analysis of the security guarantees for Ukraine and the consequences of the conclusion of the Budapest Memorandum.
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Migration processes are a major challenge for national and European institutions. The reasons for their occurrence and the impact of the consequences of this phenomenon are an interesting subject of study and discussion. The article attempts to cover the general dimensions of legal issues that cause migration flows. It addresses issues relevant to the study of migration as a challenge to EU law.
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In May 2019 we celebrated the tenth anniversary of the launch of the Eastern Partnership Initia-tive. The aim of this publication is to bring readers closer to the objectives of the Eastern Partner-ship, the main points and mechanisms for implementing the initiative, and the challenges and diffi-culties of the Eastern Partnership.
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The present paprer aims to introduce the reader to the issues of relation with EU law and Public international law. An object of consideration will also be the replacement of the international agreements in the primary law and case-law of The Court of justice of the European union. This concerns issues that will considered from European Union law's point of view.
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Free movement rights have been some of the most positive achievements of EU integration. However, this paper points to the contradictory effects of these rights, especially in Central and Eastern European countries, including Croatia. Free movement of workers creates numerous benefits for the emigrating population and for the EU as a whole as it enables free circulation of labour from places with high unemployment to places where there is a need for labour. However, the social, economic and political downsides for the sending Member States should not be underestimated. This paper aims to explore what has been done so far and which new EU-level measures need to be introduced to mitigate the negative effects of free movement, without restricting it. The text argues that free movement is an important and positive achievement of EU integration, whose downsides should not be utilised or politicised to argue in favour of limiting free movement rights. On the contrary, the answer is not to restrict free movement rights, but to reflect on further EU integration that would aim to reduce regional disparities in the Union by facilitating the development of EU regions that are lagging behind. The chapter is structured in four sections. Following the introductory section, the second section concentrates on recent trends, and on the triggers and effects of intra-EU mobility. The third section explores what initiatives, studies and measures have been employed so far – both at the EU and national levels – to diminish the negative effects of free movement. The concluding section explains why a combination of national and EU measures would be optimal to respond to the downsides of free movement of labour. This section also puts forward various policy proposals that could be employed in the future, such as the reconceptualisation of Union citizenship and the full implementation of the European Pillar of Social Rights, and/or the introduction of new EU-level financial measures that could mitigate the negative effects of free movement, without restricting it.
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This study aims to reveal some practical controversial aspects concerning the appliance of the legal provisions referring to the right of the union trade to act for the protection of individual rights of its members. It is centered on national judicial solutions pronounced on this theme, with special view on the international jurisprudence concerning the freedom of association. From this point of view, this study tries to emphasis the direct link between procedural means established by law in favor of union trades and the imperative of the full exercise of freedom of association. For that reason, any procedural impediment concerning the right of action of the union trade represents also an infringement of the freedom of association.
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Today the digital technologies speak with the strongest voice possible, being impossible to resist to its strength: informatics is present on mobile phones, on smartphones, on computers and laptops. In fact, today we have more than 4 billion people with internet access, meaning that Internet and its possibilities are part of daily life. In this regard, we must remember from history that a "daily-life technology" becomes not only a social and economic engine, but a legal one too. In today's world internet and its technologies are part of legal system. Because the Artificial Intelligence is the supreme form of Internet, we need to make some analyses about the consequence of this technology on legal practices and legislations.
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Minority is one of the concepts whose crystallization and evolution has given rise to several challenges, because, viewed from a historical perspective, it has only been treated in a way to be identified and treated so that the solutions applied to it correspond to the interests of the majority .
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Private property and inheritance are legal institutions linked by an inseparable genetic and functional link. This is reflected not only in the content of the legal provisions governing these institutions, but also in the constitutional provisions that govern jointly ownership and succession. The right of inheritance does not exist in any of the provisions of the Constitution of the Republic of Poland of 1997 on its own, but always along with the ownership, which indicates a close relationship and mutual dependence. The Polish Constitution refers to the protection of property and the right to inheritance in two articles, i.e. Articles 21 and 64. According to Article 21, the Republic of Poland “shall protect property and the right to inheritance”, and thus points to the system principle, while Article 64 is included in Chapter II, which is entitled “Freedoms, Rights, and Obligations of Man and Citizen” and thus refers to the status of an individual in the state. The author shows Polish solutions and reviews the regulations in this area in contemporary constitutions in order to present several models of constitutional solutions, however, two of them should be given special attention. In the former the constitution specifies the right of ownership and inheritance, the latter, points out that the right of inheritance must be derived from the right of ownership. A similar situation exists in international law, where some international agreements relate directly to inheritance, while others guarantee only the right to property, while the right to inheritance is derived from it by doctrine and jurisprudence. There is a similar situation in international law, where some international agreements relate directly to inheritance, while others guarantee only the right to property, and the right to inheritance is derived from it by doctrine and jurisprudence. An important issue which, according to the author, is worth considering is the fact that some constitutions treat ownership and inheritance law as a system principle, while others include it in the chapters on the status of an individual in terms of subjective law. Contemporary constitutions consolidate and develop the principles of property protection diff erently from the old constitutions, namely they emphasise the new approach to property relations, which presupposes an obligatory consideration of state interests, on the condition that the rights of individual persons are not opposed to the rights and public interests.
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