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The legal basis of a right to peace
In: Peace review: the international quarterly of world peace, Band 3, S. 23-27
ISSN: 1040-2659
Viability of the concept and possible integration into the present framework of international law. Also addresses roles of the UN, the International Court of Justice, and other bodies, in securing and maintaining peace and human rights.
Legal basis of sailing development within 1989-2012
Motivation: This article is dedicated for presenting legal regulations concerning sailing in Poland. In chronological attribution the period covered are years between 1989 and 2012. The start caesura is 1989, connected with system transformation, which started several changes in organizational structure of the country as well as in the structures of widely perceived physical culture. The end caesura is 2012, which was the year of the Olympic Games in London. In the article methods and research techniques used included source materials analysis, which was basic information resource under the research process. Aim: Legal acts presented within the article are only the fragment of documents of varying significance, regulating any legal ground for practicing sailing. Detailed and full analysis is not possible in the article. However, the choice of some key acts and regulations and the attempt to compare the present state with the law binding in previous years, allows forming an idea about the direction of changes in legal situation of sailing in general. It has to be stated that the trend in legislation concerning recreational sailing started to be visible at the beginning of 21st century. Within earlier periods these issues were treated as marginal in regard to economical aspects of navigation. Results: Within years 1989 to 2012 there were deep changes in the area of legal regulations, evolution of sailing and training qualifications. These changes substantially adjusted contemporary legal grounds in Poland to the demands included in rights and regulations of European Union. The enhancement was especially in the area of safety and rules of assigning various licences and registering floating objects. The changes were concerning also rising numbers of regulations and legal acts connected with sailing as well tourist or recreational as sport.
BASE
Legal basis of sailing development within 1989-2012
Motivation: This article is dedicated for presenting legal regulations concerning sailing in Poland. In chronological attribution the period covered are years between 1989 and 2012. The start caesura is 1989, connected with system transformation, which started several changes in organizational structure of the country as well as in the structures of widely perceived physical culture. The end caesura is 2012, which was the year of the Olympic Games in London. In the article methods and research techniques used included source materials analysis, which was basic information resource under the research process. Aim: Legal acts presented within the article are only the fragment of documents of varying significance, regulating any legal ground for practicing sailing. Detailed and full analysis is not possible in the article. However, the choice of some key acts and regulations and the attempt to compare the present state with the law binding in previous years, allows forming an idea about the direction of changes in legal situation of sailing in general. It has to be stated that the trend in legislation concerning recreational sailing started to be visible at the beginning of 21st century. Within earlier periods these issues were treated as marginal in regard to economical aspects of navigation. Results: Within years 1989 to 2012 there were deep changes in the area of legal regulations, evolution of sailing and training qualifications. These changes substantially adjusted contemporary legal grounds in Poland to the demands included in rights and regulations of European Union. The enhancement was especially in the area of safety and rules of assigning various licences and registering floating objects. The changes were concerning also rising numbers of regulations and legal acts connected with sailing as well tourist or recreational as sport.
BASE
Legal basis of sailing development within 1989-2012
Motivation: This article is dedicated for presenting legal regulations concerning sailing in Poland. In chronological attribution the period covered are years between 1989 and 2012. The start caesura is 1989, connected with system transformation, which started several changes in organizational structure of the country as well as in the structures of widely perceived physical culture. The end caesura is 2012, which was the year of the Olympic Games in London. In the article methods and research techniques used included source materials analysis, which was basic information resource under the research process. Aim: Legal acts presented within the article are only the fragment of documents of varying significance, regulating any legal ground for practicing sailing. Detailed and full analysis is not possible in the article. However, the choice of some key acts and regulations and the attempt to compare the present state with the law binding in previous years, allows forming an idea about the direction of changes in legal situation of sailing in general. It has to be stated that the trend in legislation concerning recreational sailing started to be visible at the beginning of 21st century. Within earlier periods these issues were treated as marginal in regard to economical aspects of navigation. Results: Within years 1989 to 2012 there were deep changes in the area of legal regulations, evolution of sailing and training qualifications. These changes substantially adjusted contemporary legal grounds in Poland to the demands included in rights and regulations of European Union. The enhancement was especially in the area of safety and rules of assigning various licences and registering floating objects. The changes were concerning also rising numbers of regulations and legal acts connected with sailing as well tourist or recreational as sport.
BASE
Bilateral investment agreements - the legal basis for economic partnership
Attracting foreign investment, a developing country sets several goals: to obtain financial resources, use advanced managerial experience, and introduce innovative technologies. Achieving these goals becomes the basis for the modernization of the national economy. The advantages of bilateral agreements include the fact that they are the most flexible instrument for regulating interstate investment agreements that can have a direct regulatory effect on the subjects of these relations, thus compensating for the lack of incompleteness and instability of national investment legislation.
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Philosophical and Legal Basis of Territorial Self-Governance
In: Barometr regionalny: analizy i prognozy, Band 16, Heft 5(S), S. 15-25
ISSN: 2956-686X
The subject of the article are selected philosophical and fundamental legal (i.e., systemic and constitutional, foundations of self-governance and local democracy). The authors present a general concept and the most important pragmatic function of democracy. The subject of the analysis is also the legal principle of self-governance as a systemic postulate of the democratic state ruled by law. The theoretical inspiration for the deliberations on decentralization and local democracy are the philosophical and political concepts of Ostrom and the philosophical classics: Hobbes, Montesquieu, and de Tocqueville. Self-governance and democracy, also considered from the point of view of their merits and disadvantages, have been included as a counterweight to centralism and monocentric democracy carrying a number of threats to freedom. In order to illustrate general arguments based on the method of analysis of normative and philosophical texts, the authors also use the example of American local democracy; it was chosen as a form of self-governance and local democracy in a modern sense, yet the oldest one and very well-functioning in practice. In the conclusions, the authors state what territorial self-governance is and what role it plays in the democratic system. They also emphasize that territorial self-governance, through actual decentralization of public authority, ensures democracy and secures against the transformation of monocentric democracy into a dangerous oligarchy.
Administration in the Russian Federation (philosophical and legal basis)
In: Gosudarstvo i pravo, Heft 12, S. 39
The Legal Basis for EU Criminal Law Legislation
Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States' legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU's power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.
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Pinpointing the Appropriate Legal Basis for External Action
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 6, Heft 2, S. 323-328
ISSN: 2190-8249
Case C-658/11, European Parliament v Council of the European Union [2014] (not yet reported)CFSP acts can be challenged before the Courtwhen the arguments relate to procedural points outside of the CFSP articles in Title V TEU. The Court can annul Council CFSP acts when the proper notification procedures to the Parliament stemming from Article 218 TFEU have not been followed. The effects of CFSP acts can remain in place, even after the Court annuls them, until such a time when the act has been replaced.
DNA Analysis for Identification Purposes: Legal Basis unconstitutional
In: Vienna online journal on international constitutional law: ICL-Journal, Band 7, Heft 4, S. 552-555
ISSN: 1995-5855, 2306-3734
The legal basis for a European Civil Code
In: European Review of Private Law, Band 5, Heft 4, S. 471-474
ISSN: 0928-9801
The legal basis of a right to peace
In: Peace review: peace, security & global change, Band 3, Heft 3, S. 23-27
ISSN: 1469-9982
Legal basis of national projects in the Russian Federation
In: Gosudarstvo i pravo, Heft 8, S. 104