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Counter-revolution, or Authentic Socialism? American Far-Left Reactions to the Czechoslovak 1968

Author(s): Jan Géryk / Language(s): English Issue: 2/2019

For the majority of Leftists in the 1960s, the Soviet Union ceased to be intellectually and ideologically inspiring. Both Soviet Communism and Western capitalism at that time represented “the System” which offered universal manipulability and universal marketability as its only alternative modes. Thus, the Left searched for authentic socialism, whether in the Marxist-humanist philosophy, in the Third World revolutions, or in the local socialist traditions. However, even though the global Left faced several general problems common to all Cold War worlds, there were also important contextual differences which prevented the common base from further development. Following this general context, this article will focus on the Left in Czechoslovakia and in the USA, particularly on the question whether the Czechoslovak reform movement of the late 1960s was inspiring for various groups on the US Left. With regard to the US left-wing reactions to the Prague Spring or to the resistance of Czechoslovak people against the Warsaw Pact invasion, the article will pay attention especially to the discursive dichotomy of authentic socialism vs. counterrevolution.

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The Case for a Native American 1968 and Its Transnational Legacy

Author(s): György Tóth / Language(s): English Issue: 2/2019

Partly as a result of compartmentalized academic specializations and history teaching, in accounts of the global upheavals of 1968, Native Americans are either not mentioned, or at best are tagged on as an afterthought. “Was there a Native American 1968?” is the central question this article aims to answer. Native American activism in the 1960s was no less flashy, dramatic or confrontational than the protests by the era’s other struggles—it is simply overshadowed by later actions of the movement. Using approaches from Transnational American Studies and the history of social movements, this article argues that American Indians had a “long 1968” that originated in Native America’s responses to the US government’s Termination policy in the 1950s, and stretched from their ‘training’ period in the 1960s, through their dramatic protests from the late 1960s through the 1970s, all the way to their participation at the United Nations from 1977 through the rest of the Cold War. While their radicalism and protest strategies made Native American activism a part of the US domestic social movements of the long 1960s, the nature of American Indian sovereignty rights and transnationalism place the Native American long 1968 on the rights spectrum further away from civil rights, and closer to a national liberation struggle—which links American Indian activism to the decolonization movements of the Cold War.

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Eastern-European 1968s?

Author(s): Adrian George Matus / Language(s): English Issue: 2/2019

The concepts of ‘long 1968’ and ‘counterculture’ compete in order to define the same cultural movement. Depending on the cultural context, historians used both of them to broadly define the same idea. Yet the whole situation becomes more complex when explaining the protests in Eastern and Central Europe of the late 1960s. In this paper, I argue that the protests from Eastern and Central Europe were the result of a diffusion from Western Europe as well as an evolution of locally-generated situations.

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American and European Leftist Academia through the Prism of Paul Berman’s A Tale of Two Utopias: The Political Journey of the Generation of 1968

Author(s): Alexandar Gungov / Language(s): English Issue: 2/2019

In his book, Paul Berman outlines a productive framework for a further interpretation of ideas of the leftist thinkers in North America and Europe. This article tries to follow Berman’s approach and to provide a critical stance towards the views of a number of Western social and political philosophers who write after 1968 and even after 1989. My findings confirm Berman’s light irony to this trend of thought but emphasize that some of the works discussed seem to be realistic in avoiding unjustified optimism concerning the leftist position.

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Dobro dziecka w sprawach o uprowadzenie dziecka za granicę. Zmiany w prawie i ich spodziewane skutk

Author(s): Katarzyna Bagan-Kurluta / Language(s): Polish Issue: 25/2019

The international child abduction is regulated in the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis), and in the domestic law — in the Code of Civil Procedure. In the recent years the Regulation Brussels II bis was subject to review. As a result drawbacks were indicated and amendments have been proposed, in particular with a view of simplifying the procedures. The changes were triggered by the increasing number of cases in which one of the parents removes the child without a consent from the other. The Ministry of Justice does not provide any data on the amount of cases taking place in Poland. It is nevertheless certain that this amount has increased in comparison to previous years. Moreover, it is acknowledged that contrary to the Hague Convention and the EU Regulation, many children abducted by their parents are retained in Poland. The amendments to the Code of Civil Procedure seem to address this situation and streamline the process of the return of the children. The question remains: do the proposed amendments to the EU Regulation and those already enacted in the Code of Civil Procedure warrant to a sufficient degree that the welfare of a child — being one of the determinants of these regulations — is safeguarded?

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Kwalifikacja w prawie prywatnym międzynarodowym Unii Europejskiej. Od kwalifikacji autonomicznej ku… kwalifikacji według kolizyjnej legis fori?

Author(s): Jarosław Grzegorz Pacuła / Language(s): Polish Issue: 25/2019

The terms ‘characterization’ (‘classification’) and ‘exercise of characterization’ refer in particular to the efforts made to determine which conflict of law rule — and in the sense presented in this paper, also rule on jurisdiction — which is part of the law of the forum State, should be applied to the circumstances of a particular case. In relation to the norms of private international law of the European Union, the triumph of an autonomous characterization at first sight seems undeniable. The term autonomous characterization (in principle — ‘autonomous interpretation’, the case law usually does not distinguish between exercise of characterization and exercise of interpretation) has been referred to over the last fifty years in order to describe the vast majority of operations of interpretation undertaken in relation to the norms of EU private international law. The contemporary concept of characterization in private law of the European Union, although consistently referred to as ‘autonomous’, does not fully meet the criteria thereof. The papers argues that while the starting point was the autonomous characterization in its pure form (stage one), over time it partially gave way to the place of characterization according to the EU law-oriented legis fori (stage two), and finally it was enriched with new elements which gave it the form of a specific functional characterization (stage three). It is not so much about the consistency of the results of the exercises of characterization with the universal understanding of certain concepts. Exercises of characterization are carried out through the prism of their effects, so as to ensure the effectiveness of the norms of EU law (effet utile) other than rules on conflict of laws and on jurisdiction.

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Wykładnia umowy jurysdykcyjnej zawartej na podstawie art. 25 Rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 1215/2012. Glosa do postanowienia Sądu Najwyższego z dnia 5 października 2018 r., I CSK 611/17

Author(s): Andrzej Torbus / Language(s): Polish Issue: 25/2019

The choice of court agreement (forum selection clause) is effectively concluded if there is no doubt that the party has actually become acquainted with its content. The Court of Justice of the European Union focuses on those aspects of the conclusion of the contract that allow the assessment that the other party is not surprised by the establishment of a subjective link. The compliance with formal requirements implies that the parties agreed on the conclusion of the contract. There are no objections about so understood “real consent of the parties” as a consequence of fulfilling not only the requirements as to the form, but above all as the way of the conclusion of the contract. The acceptance of the thesis that since the party expressed the undoubted consent to conclude the contract, there is thus no problem of the interpretation of the declaration of intent, is impossible. There is no dispute that the interpretation of a declaration of intent is a legal matter, since the methods of interpretation are determined by the law. According to the Polish Supreme Court, on the basis of Regulation 1215/2012 there is no problem of seeking of the applicable law, because the rules for the interpretation of a jurisdictional agreement should be interpreted from the provision of art. 25 of this regulation. This position is based on the main argument that any deviation from the autonomous rules of interpretation creates the danger that the courts of the Member States will differently determine the law applicable. The Court of Justice of the European Union accepts that an objective (normative) method of interpreting party’s statements should be used. In some situations, it is necessary to apply legis causae to effectuate a supplementary interpretation of the declarations of will.

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Interes w prawie prywatnym międzynarodowym. Zagadnienia węzłowe

Author(s): Jerzy Poczobut / Language(s): Polish Issue: 24/2019

The paper examines the fundamental issues regarding the interests in private international law. The goal of the present investigation is to attempt an answer to the question whose interests does the conflict-of-laws rules (narrowly understood) protect. This question is discussed in particular in reference to the theory created in the German doctrine by G. Kegel and developed by his follower K. Schurig. The paper systematizes the conflict-of-laws interests, giving the Polish law examples of the solutions that incorporate them. To be conscious that these interests exist and how they are allocated is necessary, both when drafting and enacting private international law legislation, as well as at the time of its application.

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Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

Author(s): Maciej Zachariasiewicz / Language(s): Polish Issue: 24/2019

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

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Prawo właściwe dla skutków przelewu wierzytelności w stosunku do osób trzecich Uwagi z perspektywy międzynarodowego prawa upadłościowego

Author(s): Wojciech Klyta / Language(s): Polish Issue: 24/2019

The claims are rights in personam but the assignment of claims has a hybrid nature. Abolishing the “nomina ossibus inhaerent” rule has increased commercial significance of the assignment of claims. However, the contemporary legal situation leaves parties with great legal uncertainty, as to the question under which circumstances does the cross — borders assignment is valid. A recent judgment of the CJEU of 9 October 2019 (C — 548/18) in case BGL BNP Paribas SA v. TeamBank AG Nürnberg has augmented this uncertainty. The Luxemburg Court ruled that: “Article 14 of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (‘Rome I’) must be interpreted as not designating, directly or by analogy, the applicable law concerning the third-party effects of the assignment of a claim in the event of multiple assignments of the claim by the same creditor to successive assignees”. In this situation, one would highly welcome an attempt to establish a new set of conflict of laws rules relating to the law applicable to third — parties effects of the assignment of claims. This attempt has recently been made by the European Commission in its Report “on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person”, dated 29 September 2016. In the present article, the author reviews the most important propositions formulated in the conflicts’ doctrine through the “lens” of the international insolvency law. Multiply provisions of the Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings (recast) — despite many judgments of the CJEU in this area — also lack certainty. Insolvency is a foreseeable risk, but without clear rules concerning the third parties’ effects of the assignment of claims, it may become unenforceable for the creditors of the assignor.

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Kolizyjnoprawne aspekty małżeństw dzieci

Author(s): Ewa Kamarad / Language(s): Polish Issue: 24/2019

In the Western culture there is a widespread belief that marriage should be contracted only by freely expressed will. Hence, marriages concluded at an early age are considered unacceptable. Entering into marriage by children has a negative impact on their education, physical and mental health, as well as their socioeconomic position. For this reason, such practices are incompatible with human rights. Therefore, European countries are trying to counteract them, which results in taking specific legislative actions. The intensification of these activities is particularly evident in the last decade, which is mainly caused by the increased migration to Europe from countries belonging to other cultural circles. Child marriages, being a phenomenon strongly embedded in culture, have become one of the areas where there are frictions between the majority, which in principle determines the shape of legal regulations, and minorities who, on the one hand, want to live in European countries, but also want to preserve the traditions that are cultivated in their countries of origin. The changes in law considering child marriages are undertaken in realm of substantive law as well as conflict of laws rules. In the second case, the states introduce specific public policy clauses referring to child marriages. The paper aims at describing and evaluating those changes in law, especially from the point of view of private international law.

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Stosowanie deliktowych łączników lokalnych do zdarzeń mających miejsce na pokładzie statku morskiego lub powietrznego w unijnym prawie prywatnym międzynarodowym

Author(s): Łukasz Dyrda / Language(s): Polish Issue: 24/2019

The article is aimed at determining the relevance of the flag state (regarding vessels) and the country of registration (regarding aircrafts) principles for the purpose of the application of territorial connecting factors (the place of the event giving rise to damage (place of acting) and the place where the damage occurred (place of damage)) employed by article 7(2) of the Regulation No 1215/2012 (Brussels I bis Regulation) providing a special jurisdiction rule in matters relating to tort, delict or quasi-delict and by article 4(1) of the Regulation No 864/2007 (Rome II Regulation) specifying the law applicable to a non-contractual obligation arising out of a tort or delict. The flag state and the country of registration principles could be taken into account when circumstances constituting the event giving rise to damage or the damage itself are situated on board of a vessel navigating in or an aircraft flying through the areas outside the sovereignty of any state (in particular the High Seas). The reference to the flag state or the country of registration instead of the sovereignty in order to identify the member state whose courts have jurisdiction pursuant to article 7(2) of the Brussels I bis Regulation or the state whose law is applicable according to article 4(1) of the Rome II Regulation may also be possible in cases when the determination of the place where the event giving rise to damage occurred or where the damage occurred is difficult or even when the competent jurisdiction and the applicable law identified based on the sovereignty over the area where the vessel navigated or the aircraft flew at the moment when the event giving rise to damage occurred or damage occurred does not materialise the closest connection principle.

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Ustanawianie ograniczonych praw rzeczowych w prawie prywatnym międzynarodowym — uwagi na tle statutu rzeczowego i jego rozgraniczenia

Author(s): Katarzyna Anna Dadańska / Language(s): Polish Issue: 24/2019

In international trade, it is essential to determine the scope of the law applicable to property rights, i.e. the law applicable to the assessment of rights in rem. Article 41 of the Polish Private International Law Act uses the connecting factor of the situs rei. The competence of legis rei sitae regarding rights in rem should not be challenged when the subject of rights in rem is tangible property. If, however, the subject of rights in rem is not a tangible object but in a claim or other type of a right, then there is an urgent need to seek other ways of establishing the law applicable to the formation of such rights. In addition, there is a recurrent problem with the proper delimitation with the laws applicable to other issues, i.e. the determination of the law applicable to the assessment of the effectiveness of the acquisition of a limited right in rem, and the question of the so-called adaptation and qualification. The purpose of the present study is to determine the law applicable to the establishment of limited property rights. Using the dogmatic-legal, comparative and complementary historical methods, the provisions of Article 41 of the Private International Law Act are evaluated, and conclusions are drawn de lege ferenda.

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Niejednoznaczne podstawy stosowania przepisów wymuszających swoje zastosowanie (przepisów koniecznego zastosowania)

Author(s): Piotr Rodziewicz / Language(s): Polish Issue: 24/2019

The article raises issues concerning legal basis for the application of the overriding mandatory rules. In the Polish doctrine there are two opposing concepts in terms of explanation of the legal grounds for application of overriding mandatory rules. Both theories do not have a universal dimension, in the sense that they do not sufficiently explain the basis for the application of domestic as well as foreign overriding mandatory rules, being part of lex causae or coming from a third state. The article presents arguments for and against the possibility of deriving the legal grounds for application of the overriding mandatory rules, with reference to submissions made to that effect in literature. The author makes also an attempt to formulate a concept complementary to the concept of an integrated conflict-of-law rule with the substantive law rule, boiling down to the assumption that the basis for application of overriding mandatory rule is a second degree conflict of laws rule allowing to apply a first degree conflict of laws rule integrated with the substantive rule.

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Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C 396/13)

Author(s): Author Not Specified / Language(s): Polish Issue: 24/2019

Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C 396/13)

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Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C 396/13)

Author(s): Witold Kurowski / Language(s): Polish Issue: 24/2019

This paper aims to comment an important ruling concerning the Posted Workers Directive (Directive 96/71/EC). In the judgement C-396/13 (Sähköalojen ammattiliitto ry v. Elektrobudowa Spółka Akcyjna), the European Court of Justice provided its pro-worker’s interpretation of Art 3 of Directive 96/71/EC concerning the scope of the „minimum pay rate”. The second issue raised by the European Court of Justice was the assignability of pay claims governed by Polish law based on Art 14 (2) of Rome I Regulation and prohibited under that law. In commented judgement, the Court admitted the assignment of claims arising from employment relationships in light of article 47 of the Charter of Fundamental Rights of the European Union and accepted the trade union’s right to represent the posted workers.

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«Печатное слово приобретало все большее значение…»

Author(s): Ludmiła Łucewicz / Language(s): Russian Issue: 29/2019

The author of the article reviewed the totality of certain historical, political, general cultural factors that influenced the processes of Russian-Finnish interaction, which influenced on the processes of Russian-Finnish interaction, as well as the formation and existence of the Russian-language press in the Grand Duchy of Finland. The study of the number of selected episodes from the history of Russian-language periodicals of the late XIX – early XX centuries gives reasons to conclude that it was during this period that the printed word became increasingly important for the formation of socio-political, national-patriotic, general cultural sentiments in both Russian and Finnish society. The positions of the three reviewed periodicals are different both in their dominant ideological attitudes and in the readership. The pro-government Finnish newspaper (editor: lawyer, monarchist Ivan Bazhenov) being the official mouthpiece of the targeted nationalist russification policy of tsarism, appeals to the entire population of the Grand Duchy. The liberal “Russian voice” (editor: liberal professor Konstantin Arabazhin) advocates for the humanitarian values, the unity of nations based on common material, spiritual, cultural and legal interests; her readers are mostly Russian intelligentsia. The radical “Days of our life” (editor: member of the White movement, the poet of the “white idea” Ivan Savin), on the one hand, deny all the gains of the Russian Revolution and sharply criticize inactive “fathers-emigrants”, on the other hand, they utopianly rely on the coming consolidation of the youth “scattering” in the struggle against Bolshevism, not only in word but in deed; its addressee is Russian emigration, mainly youth.

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Исторический контекст тезиса «у нас нет литературы»

Author(s): Marina Zagidullina / Language(s): Russian Issue: 29/2019

The article is devoted to modern reconfigurations of the literary process and literature (as a kind of art), experienced in literary criticism as the decline of literature (the thesis “we have no literature” as a statement of the degradation of an art form). The article provides an overview of reflection on this process on Russian “thick journals” (with the emphasis on the position of the well-known Russian critic Anna Kuznetsova), as well as the author’s view on the general transitional state of Russian modern literature.

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Когнитивнао-нарративная реализация концептов «совесть» и «добро» в дискурсе летературных журналов

Author(s): Vera Antropova,Vasiliy Fedorov / Language(s): Russian Issue: 29/2019

The article deals with the problem of value transformations in modern Russian society, the translator of which are “thick” literary and social and political journals . The authors explore this process by analyzing the cognitive and narrative mechanisms implementing the concepts of “conscience” and “good” in magazines.

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Między reprodukcją a zmianą systemową. Czasopisma literackie w społecznym systemie literatury

Author(s): Tomasz Burzyński / Language(s): Polish Issue: 29/2019

The article aims to outline the role of literary periodicals in the social system of literature from a perspective of processes that take part in the accumulation of both cultural capital and social capital. In this sense, the paper is an attempt to incorporate a sociological perspective into the theory of literature in order to provide a more informed view on social and cultural processes that are mediated by literary periodicals of diversified kind. By referring to the notions of embodied and institutional cultural capital (Pierre Bourdieu) as well as social capital (Robert D. Putnam, Francis Fukuyama), the paper examines the dialectic of system reproduction and morphogenetic change in terms of processes that organize the functioning of literature conceived of a specific kind of social system.

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