Suchergebnisse

This book explores the issue of environmentally-induced migrations from the point of view of international human rights law, international humanitarian law, international refugee law and international law of statelessness. Last few years have become a period of unprecedented growth in the number of studies devoted to the forced migration caused by climate change. The book by professor Jane McAdam, published by Oxford University Press, differs significantly from previous studies in this area. The focus of the author became a state responsibility for the situation of climate-change induced displaced people with a particular focus on legal aspects of this problem. The basis of the author`s considerations are four particular areas of public international law: international human rights law, international humanitarian law, international refugee law and international law of statelessness. The issue of climate change-induced displacement is now becoming a growing challenge for public international law. The growing number of climate change migrants becomes a challenge for the international istitutions dealing with humanitarian assistance. Sea level rise become a factor of specific legal problems, such as climatic deterritorialization of the state, state succession on the new territory, the status of people forced to leave their country submerged under the waters of ocean (forced migrants?, refugees?, stateless people?, citizens of the former country continuing its status within a new territory?).

Organized crime did not arise suddenly, it is an occurrence that dates back to the nineteenth century. Its modern form is characterized by exceptional diversity both in terms of goods threatened by its impact, as well as the forms in which it manifests itself. The main area of threats are drug production and trafficking. It is a global problem and the links of organized crime groups cover the whole world, regardless of the system, political or economic situation of a given country. The international drug crime has been developed too rapidly and individual governments are not abble to cope with it. Countries have been confronted with joining forces and creating a strong legal instrument, based on international cooperation, which will be able to give the relevant national authorities the right powers to counter organized drug crime. The aim of the article is to present the legislative and institutional dimension of the fight against organized drug crime in the global, european and national perspective.

United States participation in international politics during the period between the two world wars, come not only from the general and often declarative interest in peace, but was also a consequence of extremely rapid expansion of their foreign trade and overseas capital investments. It was a period of intense financial diplomacy, when efforts to maintain the gold standard, to determine the amount of reparations and the manner of payment of war debts, brought confusion not only in relations between victors and vanquished, but also in relations between the United States and its former European allies. Abandonment of the gold standard and the creation of the tripartite agreement between the United States, Britain and France, in the 1936, was a milestone in the development of international monetary cooperation and the role of United States in international economic relations. .

In this paper the author points out to the importance of main organizations for establishing of international peace and security. They are the following: League of Nations, United Nations, Organizations of European Security and Co-operation, Conference of European Security and Co-operation, European Council, West European Union and NATO. Until the end of the Cold war, the universal organizations have played primordial role, but after the mentioned period the regional ones took the lead. The reason lies in the shift in balance of power - from bipolar to unipolar. The League of Nations and CESC can be observed from the historic perspective. NATO and UN played a crucial role during the internationalization of Kosovo issue and the act of intervention itself. NATO demonstrated its power and proved in the absence of real balance of power, la force l'emporte sur le droit. On the other hand, UN had passed several resolutions that condemned violence in Kosovo and Metohia (1160, 1199 and 1203 - all passed in 1998). During 1999 Security Council had passed a famous Resolution 1244, by which it was decided a civic and military mission should be established in Kosovo and Metohia - UNMIK and KFOR KFOR dealt with security issues in order to ensure the respect of it to all nationalities in Kosovo and Metohia. UNMIK set a very ambitious task lying ahead trying to establish standards before the future status. Realizing that it would be impossible to reach the standards, UNMIK started with the policy of status determination without standards establishing. The outcome of such policy is Ahtissari's Plan for supervised Independence of Kosovo, and finally the Declaration of Self-proclaimed Independence of Kosovo. We are also witnessing the transfer of horizontal and vertical effective state authorizations to the mentioned international organizations, bearing in mind problems it encounters. NATO deals with security issues, but European Union being unable to deal with such tasks (ESDP policy is to be as attempt), is more concentrated on economic issues.

The aim of this study was to present private and official codifications concerning the topic of responsibility of international organizations. Moreover, it highlighted some controversial issues which occurred during the work of International Law Commission (ILC). The topic of responsibility of international organizations was analyzed both by private bodies such as Institute de Droit International and International Law Association and – as mentioned above – ILC. The efforts of Institute de Droit International resulted in a resolution on The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations toward Third Parties. While in 1996 International Law Association studied these topics, a Committee on the Accountability of International Organizations was established. These private drafts paid attention of ILC to some legal issues which helped ILC to identify problems which require further discussion. After completion of its work on State responsibility in 2001, ILC decided to include the topic Responsibility of International Organizations in its work program. Mr G. Gaja was appointed the Special Rapporteur and in years 2003-2011 he presented eight reports which took into account the comments and observations received from governments and international organizations. In his reports he largely followed the model of Articles on State Responsibility for Internationally Wrongful Acts. In 2011 the Commission adopted the draft of 67 articles on Responsibility of International Organizations, divided into six parts. The Draft Articles aimed at codification of a set of secondary rules applicable to a wide range of international organizations. The codifications of rules on the responsibility of international organizations was a very difficult task due to diversity of international organizations, which differ in size, functions and competence. Furthermore, there is a lack of relevant practice that would allow to elaborate the principles relating to responsibility of international organizations. Nonetheless, the responsibility for international wrongful acts is the most important institution of international law irrespective of the subject which committed a wrongful act. ; Artykuł nie zawiera abstraktu w języku polskim

The author distinguishes threats to international security from challenges faced by the security policy of states and collective international actors but approaches them as a certain continuum. The following phenomena are considered threats and challenges in the second decade of the 21st century: military threats (nuclear weapons and their proliferation, conventional weapons and huge military spending), terrorism, other threats (cybernetic, economic and energy-related, ecological), as well as the migration challenge. A separate major challenge, which the author analyses in detail, is the reconfiguration of the international order that has been taking place for more than a decade now. The author believes that this reconfiguration constitutes a serious challenge to the West, including to its security policy. In order to take up this challenge, benefit from it and prevent the emergence of new threats to international security, the West needs to not only consolidate its security system but also engage in dialogue and cooperation with the emerging competitors and rivals challenging the West's global leadership (the emerging powers from BRICS), as the American political scientist Charles Kupchan proposed in 2010, emphasising that lasting peace can be achieved by turning enemies into friends. It is, however, uncertain what kind of foreign policy will be conducted by the new US President, Donald Trump, elected in November 2016.

There is no doubt that the International Security Assistance Force mission in Afghanistan is the most difficult operation in the history of NATO. 10‑years long international efforts to stabilize Afghanistan encounter strong Taliban resistance. Since years, NATO attempts to break this movement do not give the expected results. It is nowadays very, important as the outcome of the ISAF operation will have long‑term impact on the international security. To begin with, the result of this mission will affect the future shape and activity of the Atlantic Alliance. ISAF failure may result in reduction of NATO's role as a pillar of transatlanic security. Secondly, is fiasco may also have grave consequences for the political stability in Central Asia. Such countries as Turkmenistan, Tajikistan or Kyrgyzstan since years fight with the phantom of Islamic fundamentalism. If Afghanistan will be taken over by Taliban, these efforts may be doomed to failure. What is even more important, success of the NATO's mission is strongly connected with the internal situation of Pakistan. In the worst‑case scenario, the Pakistan government might be taken over by extremists, Finally, Afghanistan nowadays became a place of increased rivalry between several regional powers: India, Pakistan, Iran, China and Russia. This may cause several challenges for the international security in future. Therefore, the results of the NATO's International Security Assistance Force operation in Afghanistan will strongly affect the international security.

Artykuł wpisuje się w nurt badań dotyczących suwerenności państw w międzynarodowych organizacjach integracyjnych, w których uczestnictwo wiąże się z największymi ograniczeniami w zakresie kompetencji i autonomii państw, w porównaniu z udziałem w innego typu organizacjach. Zostaje wyjaśnione pojęcie suwerenności, zwracając uwagę na jej wymiar prawny i polityczny, jak również międzynarodowej organizacji integracyjnej, która występuje tylko w grupie organizacji regionalnych. Artykuł zawiera analizę zróżnicowanego, z punktu widzenia suwerenności, usytuowania państw w organizacjach integracyjnych, w których stosowane są nowego typu rozwiązania instytucjonalne, w tym ponadnarodowe. Badania odnotowują znaczące zróżnicowanie rozwiązań instytucjonalnych, pokazujące, że modele zastosowane w Europie nie znajdują uniwersalnego zastosowania. Widoczne jest odmienne podejście do suwerenności w procesach integracyjnych i organizacjach międzynarodowych na Zachodzie oraz wśród państw rozwijających się, które większą wagę przywiązują do ochrony i zabezpieczenia suwerenności w ramach organizacji. ; This article is one of many, which deal with research on state sovereignty in international integration organizations, where participation implies more limited autonomy and competition than in organizations of other types. The notion of sovereignty is being explained, pointing at its legal and political dimention, as well as of international integration organizations, which belong to a group of regional organizations only. This paper concerns the analysis of differentiated placement of states from sosvereignty point of view in the integration organizations, where new instruments have been implemented, including transnational ones. The research shows a considerable differentiation of institutional frameworks, meaning that their models introduced in Europe have no universal character. One can see different attitude towards the sovereignty notion in integration processes and in international organizations in the West as well as in developing countries, which focus mostly on sovereignty protection within the organization itself.

Artykuł wpisuje się w nurt badań dotyczących suwerenności państw w międzynarodowych organizacjach integracyjnych, w których uczestnictwo wiąże się z największymi ograniczeniami w zakresie kompetencji i autonomii państw, w porównaniu z udziałem w innego typu organizacjach. Zostaje wyjaśnione pojęcie suwerenności, zwracając uwagę na jej wymiar prawny i polityczny, jak również międzynarodowej organizacji integracyjnej, która występuje tylko w grupie organizacji regionalnych. Artykuł zawiera analizę zróżnicowanego, z punktu widzenia suwerenności, usytuowania państw w organizacjach integracyjnych, w których stosowane są nowego typu rozwiązania instytucjonalne, w tym ponadnarodowe. Badania odnotowują znaczące zróżnicowanie rozwiązań instytucjonalnych, pokazujące, że modele zastosowane w Europie nie znajdują uniwersalnego zastosowania. Widoczne jest odmienne podejście do suwerenności w procesach integracyjnych i organizacjach międzynarodowych na Zachodzie oraz wśród państw rozwijających się, które większą wagę przywiązują do ochrony i zabezpieczenia suwerenności w ramach organizacji. ; This article is one of many, which deal with research on state sovereignty in international integration organizations, where participation implies more limited autonomy and competition than in organizations of other types. The notion of sovereignty is being explained, pointing at its legal and political dimention, as well as of international integration organizations, which belong to a group of regional organizations only. This paper concerns the analysis of differentiated placement of states from sosvereignty point of view in the integration organizations, where new instruments have been implemented, including transnational ones. The research shows a considerable differentiation of institutional frameworks, meaning that their models introduced in Europe have no universal character. One can see different attitude towards the sovereignty notion in integration processes and in international organizations in the West as well as in developing countries, which focus mostly on sovereignty protection within the organization itself.

This article presents results of the research in contemporary trends of international economic inequality. The author argues that international economic inequality is a bidirectional and complex concept. The bidirectionality and complexity of the concept is reflected in the fact that there are countries that concurrently converge to or diverge from the most developed countries in terms of their economic development. The key finding presented here is the rise of economic inequality between countries, especially between the poorest and the richest countries. The exceptions are some countries that have made significant progress in the period from 2000 to 2014 in reducing the economic inequality in comparison to the richest countries. The most important factors that have contributed to their progress are distinctive economic institutions and development policies of those countries, as well as the effects of the financial crisis since 2007-2008, which caused a decade-long stagnation in the most developed parts of the world. ; Rad je posvećen istraživanju savremenih trendova međunarodne ekonomske nejednakosti. Namera autora u ovom radu jeste da ukaže da je međunarodna ekonomska nejednakost dvosmeran i složen koncept. Dvosmernost i složenost tog koncepta se ogleda u činjenici da istovremeno postoje zemlje koje se u pogledu razvoja udaljavaju ili približavaju najrazvijenijim državama. Ključni zaključak rada jeste da ekonomska nejednakost između država raste, posebno između najsiromašnijih i najbogatijih država. Izuzetak su pojedine zemlje koje su u periodu od 2000. do 2014. godine učinile značajan iskorak u smanjenju ekonomske nejednakosti u usporedbi sa najbogatijim državama. Najvažnije faktore koji su doprineli tom napretku čine osobene ekonomske institucije i razvojne politike tih država, kao i finansijske krize i višedecenijska stagnacija u najrazvijenijim delovima sveta.