Suchergebnisse

The breakup of the Socialist Federal Republic of Yugoslavia 30 years ago still has a substantial impact on the post-Yugoslav countries which proclaimed independence. Bearing in mind that the breakup also generated a military conflict, e.g. in Croatia, the restoration of Serbian-Croatian relations remains problematic. One of the challenges is passing a fair judgment on people responsible for war crimes or crimes against humanity. The International Criminal Tribunal for the former Yugoslavia (ICTY) was established for this reason in particular. Ante Gotovina – a Croatian general, was one of those indicted by the International Criminal Tribunal for the former Yugoslavia in connection with the military operation "Oluja" during which some heinous acts of crime took place. Gotovina played a clear and primary role in this operation, and therefore his actions were the main count of the indictment, firstly, for the prosecution and then for the Trial Chamber of ICTY. However, the sentence of 24 years imprisonment was never carried out following a successful appeal. The Appeals Chamber did not uphold the verdict of the Trial Chamber owing to a serious legal error and, consequently, it acquitted Gotovina of all the charges. This issue became yet another source of Serbian-Croatian conflict in connection with the most important people held responsible for the crimes committed in 1991-1995.

This book explores the impact of climate change on the legal situation of small island states such as Marshall Islands. Climate change-related problems of these nations touching their legal situation in a very different way than in the case of large countries threatened by economic and social consequences of sea level rise (such as Bangladesh, Vietnam, Nigeria and Egypt). Presentation of scientific forecasts is an introduction to the in-depth deliberations from the point of view of international law. According to many researchers, global sea level rise of 0,5-1 m. is highly possible in the next hundred years. Sea level rise is not the only climate-related threat experienced by small island states. Among other significant problems associated with climate change we can list tropical cyclones, floods, and droughts. Island nations must prepare for such problems on the basis of public international law. The authors draw attention to the most crucial legal challenges associated with sea level rise, such as the deterritorialization of the state, continuity of statehood, the issue of citizenship or the legal status of forced environmental migrants. The authors draw attention to the significant legal challenges (e.g. the legal status of migrants forced to leave their country of origin/residence as a result of irreversible climate change). This issue has still not been regulated by international law documents. Much attention is also being paid to the analysis of the consequences of climate change on the basis of international law of the sea. The core elements of the analysis presented in this book are, inter alia, the impact of sea level rise on Exclusive Economic Zones and fishing rights. The book is focused on the social and legal challenges facing microstates. Presented considerations may become a useful point of reference in the analysis of the problems facing larger countries affected by climate change and sea level rise.

In the article the author presents his analysis of the current political events in Ukraine, beginning with the origin of the Euromajdan and the mistakes of president Yanukowych that eventually led to his removal. The Ukrainian society is depicted with strong emphasis on the high level of political awareness that is characteristic of that society and their determination to reach their goals, as well as their political and economic aspirations. According to the author, the Ukrainian-Russian war started on February 28, 2014 when unidentified troops began occupation of administrative buildings in Crimea and the development of this conflict will bring severe consequences for both countries. Furthermore, the possible reasons why Putin chose the Crimea as an arena of his political pursuits are provided, as well as his minimum, maximum and interval targets concerning Ukraine. The author also maintains that the West and its actions or lack thereof is crucial for Ukraine; he notices that the demands made by the Western side are ignored, but he sees them not as "empty words" but announcements of future political events. He believes that the Western countries will take action in two ways: they will introduce immediate symbolic sanctions, as well as long-term sanctions aimed to prevent violating international law in the future. The article also presents the author's prediction concerning the future actions of the Western states and the likelihood of direct NATO intervention. Additionally, the author considers the situation in Ukraine also from the perspective of Poland.

In the article the author presents his analysis of the current political events in Ukraine, beginning with the origin of the Euromajdan and the mistakes of president Yanukowych that eventually led to his removal. The Ukrainian society is depicted with strong emphasis on the high level of political awareness that is characteristic of that society and their determination to reach their goals, as well as their political and economic aspirations. According to the author, the Ukrainian-Russian war started on February 28, 2014 when unidentified troops began occupation of administrative buildings in Crimea and the development of this conflict will bring severe consequences for both countries. Furthermore, the possible reasons why Putin chose the Crimea as an arena of his political pursuits are provided, as well as his minimum, maximum and interval targets concerning Ukraine. The author also maintains that the West and its actions or lack thereof is crucial for Ukraine; he notices that the demands made by the Western side are ignored, but he sees them not as "empty words" but announcements of future political events. He believes that the Western countries will take action in two ways: they will introduce immediate symbolic sanctions, as well as long-term sanctions aimed to prevent violating international law in the future. The article also presents the author's prediction concerning the future actions of the Western states and the likelihood of direct NATO intervention. Additionally, the author considers the situation in Ukraine also from the perspective of Poland.

The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities. ; The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities. ; The study attempts an analysis of the relationship between the concepts of state and nation sovereignty. The thesis has been proposed that state sovereignty could be regarded as a derivation of nation sovereignty. While attempting to approve of the proposed thesis, the authors describe the relationship between both institutions by referring to their origins. In the light of concepts of sovereignty, the relationship between state and international law is presented from a philosophical perspective. Approving the proposed thesis, the authors conclude that regardless of whether state sovereignty derives from nation sovereignty or not, the two concepts refer to different backgrounds which can be seen both in their origins and contemporary realities.

The prestige of law is one of the most crucial issues addressed in the sociology of law. The awareness of the degree of acceptance of the law by its addressees is a fundamental factor in the introduction of possible changes in the legal system.The notion of "prestige of law" was introduced to empirical sociology by Adam Podgórecki in the research he conducted in Poland in 1964.A new perspective in the study was to go beyond classical socio-demographic variables and put an emphasis on personality variables. It was also one of the first such studies internationally. In the fifty years that have passed since A. Podgórecki's research, similar studies, even using exactly the same questions, have been repeated many times in both nation-wide and local studies. It should be assumed that the changes taking place in Poland and in the consciousness of its citizens during that time, such as the change of the system, increasing civil rights and freedoms, Poland's accession to international organizations, etc., might be reflected in the increasing level of the prestige of law. But did it happen? Unfortunately not. The analysis of empirical research devoted to the prestige of law in the following article, especially after the political transformation that took place in 1989, but also nowadays, is an attempt to explain the reasons for its persistently low level. ; Prestiż prawa to jedno z najważniejszych zagadnień podejmowanych w socjologii prawa. Wiedza na temat stopnia akceptacji prawa przez jego adresatów jest czynnikiem podstawowym dla wprowadzenia ewentualnych zmian w porządku prawnym. Pojęcie prestiżu prawa zostało wprowadzone do socjologii empirycznej przez Adama Podgóreckiego w badaniach pod tym tytułem, które przeprowadził w Polsce w 1964 r. Nowym ujęciem w przeprowadzonych badaniach było wyjście poza klasyczne zmienne socjodemograficzne i położenie nacisku na zmienne osobowościowe. Było to też jedno z pierwszych takich badań w skali międzynarodowej. W ciągu pięćdziesięciu lat, które minęły od badań A. Podgóreckiego, podobne badania, nawet przy użyciu dokładnie tak samo sformułowanych pytań, powtarzane były wiele razy, zarówno w badaniach ogólnokrajowych, jak i lokalnych. Należy założyć, że zmiany zachodzące w Polsce i w świadomości jej obywateli przez ten czas, takie jak zmiana ustroju, zwiększenie praw i swobód obywatelskich, wstąpienie Polski do organizacji międzynarodowych itp., mogą mieć odzwierciedlenie w zwiększającym się poziomie prestiżu prawa. Czy jednak tak się stało? Niestety nie. Przeprowadzona w niniejszym artykule analiza badań empirycznych poświęconych prestiżowi prawa, zwłaszcza po transformacji ustrojowej, jaka miała miejsce w 1989 r., ale również w czasach obecnych, stanowi próbę wyjaśnienia przyczyn stale utrzymującego się jego niskiego poziomu.

The aim of this paper is an analysis of development-induced displacement as a global social problem, diverse category of internal displacement and challenge for the international institutions and public international law. The problem in strongly linked with the reflection on the mechanisms of legal protection of particularly vulnerable communities and minorities. The paper complements the studies on empowerment of indigenous communities and more sustanaible development growth conducted on the basis of development studies.

The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor's Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo's national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.

The name of special services is applied to the civil and military services that organize and conduct intelligence and counterintelligence activities. Their operations are an element generating social and political trust between the political authorities and citizens. Given the current conditions of international relations and the international situation, a state is required to have efficient special services at its disposal. Anegative impact of globalization on state functioning, both in its external and internal dimensions, forces Polish special services to strengthen their fundamental function, that is providing information. The weakness of military intelligence and counterintelligence follows from the dissolution in 2000 of the Military Intelligence Services (WSI), and wasting their potential for political reasons. The role and task of special services in a democratic state should be to protect the liberty and democracy of the political system's principles, as set out in the Constitution, instead of protecting particular interests. The nature of the transformations occurring in security circles in Poland and related globalization processes, as well as civilizational, cultural and technological changes and the emergence of a civil society, demand a different attitude to the special services to be taken both by the public authorities and society, and make changes in their functioning necessary. This also calls for the need for a theoretical interpretation of the operations of modern Polish special services in a democratic state of law. ; The name of special services is applied to the civil and military services that organize and conduct intelligence and counterintelligence activities. Their operations are an element generating social and political trust between the political authorities and citizens. Given the current conditions of international relations and the international situation, a state is required to have efficient special services at its disposal. Anegative impact of globalization on state functioning, both in its external and internal dimensions, forces Polish special services to strengthen their fundamental function, that is providing information. The weakness of military intelligence and counterintelligence follows from the dissolution in 2000 of the Military Intelligence Services (WSI), and wasting their potential for political reasons. The role and task of special services in a democratic state should be to protect the liberty and democracy of the political system's principles, as set out in the Constitution, instead of protecting particular interests. The nature of the transformations occurring in security circles in Poland and related globalization processes, as well as civilizational, cultural and technological changes and the emergence of a civil society, demand a different attitude to the special services to be taken both by the public authorities and society, and make changes in their functioning necessary. This also calls for the need for a theoretical interpretation of the operations of modern Polish special services in a democratic state of law.