Suchergebnisse

Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.

The aim of the paper is the analysis of the relationship between the perception of the success factors in international collaborative relationships and firm's international experience. The results of an empirical study on the sample of 278 Polish exporters and importers cooperating with partners from China and Germany are presented and both the differences in success factor perception depending on foreign partners' home country, and the correlation of the perception of the success factors with the international experience of the firms are discussed. The study revealed that the firms working with partners in China have somewhat more international experience. The importance of the majority of the success factors in relationships with German partners did not differ significantly from those in collaboration with Chinese firms. However, some consequential differences were observed. Internationalization experience is not strongly related with the perception of international cooperation success factors.

Arbitrajul privat voluntar nu mai este o metoda alternativa de solutionare a litigiilor. Acesta a devenit o metoda uzuala de solutionare a disputelor, o mentalitate de interpretare a textelor legale si, poate, un mod de viata. La prima vedere, lucrarea are un caracter exclusiv juridic. Resorturile scrierii acestei lucrari nu au fost numai juridice. De altfel, a scrie despre arbitrajul privat voluntar numai din perspectiva juridica echivaleaza cu neîntelegerea finalitatii acestuia. Solutionarea litigiului arbitral nu este un mestesug, ci este si devine permanent o arta. Aceasta din urma perspectiva a constituit adevaratul resort al scrierii prezentei lucrari. Elementul de noutate al lucrarii îl constituie analiza pragmatica, dar livresca si, totodata,exclusiva a textelor procesual-civile romane referitoare la arbitrajul privat voluntar.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

International relations are a form of human action so they should become the object of praxiology as a science oriented to efficiency. The traditional approach however must be changed. As it suggested in this article, human action is divided into three sections – cooperation, struggling and rivalry, which correspond to three types of theories. It should be added that cooperation is a positive-sum game, struggling – a negative-sum game and rivalry – a zero-sum game. The theory of international relations should be focused on the link between principles of cooperation and principles of struggling. This means that theory of foreign policy should be a theory of control in the zero-sum game system. ; International relations are a form of human action so they should become the object of praxiology as a science oriented to efficiency. The traditional approach however must be changed. As it suggested in this article, human action is divided into three sections – cooperation, struggling and rivalry, which correspond to three types of theories. It should be added that cooperation is a positive-sum game, struggling – a negative-sum game and rivalry – a zero-sum game. The theory of international relations should be focused on the link between principles of cooperation and principles of struggling. This means that theory of foreign policy should be a theory of control in the zero-sum game system.

Stosunki międzynarodowe są postacią działania ludzi, dlatego powinny stać się obiektem zainteresowania prakseologii jako nauki nastawionej na sprawność działania. Dotychczasowe rozumienie sprawności musi być jednak odmienne od tradycyjnego. Zgodnie z propozycją zawartą w artykule, ludzkie działanie dzieli się na trzy działy – współpracę, walkę oraz rywalizację , którym odpowiadają trzy rodzaje teorii. Charakterystyczne jest to, że współpraca jest grą o sumie dodatniej, walka – grą o sumie ujemnej, natomiast rywalizacja – grą o sumie zerowej. Teoria stosunków międzynarodowych powinna skupiać się na teorii rywalizacji, rozpostartej pomiędzy współpracą a walką. Oznacza to, że teoria stosunków międzynarodowych powinna opierać się na zasadach współpracy i zasadach walki, a teoria polityki międzynarodowej państwa powinna być teorią sterowania w systemie gry o sumie zerowej. ; International relations are a form of human action so they should become the object of praxiology as a science oriented to efficiency. The traditional approach however must be changed. As it suggested in this article, human action is divided into three sections – cooperation, struggling and rivalry, which correspond to three types of theories. It should be added that cooperation is a positive-sum game, struggling – a negative-sum game and rivalry – a zero-sum game. The theory of international relations should be focused on the link between principles of co- operation and principles of struggling. This means that theory of foreign policy should be a theory of control in the zero-sum game system.

The activity of international holding companies has become crucial for the European economy. In particular, attention should to paid to the tax-related issues, which arise out of the cross-border activity of holding companies. Increasingly, holding companies employ aggressive tax optimisation in their strategies. While the tax policies of individual E.U. Member States have turned out to be of little effectiveness, simultaneously, the lack of a common and harmonised tax policy designed to counteract tax optimisation has become a serious problem for the European Union. Therefore, the European Commission strives to develop a fiscal concept which will - on the one hand - allow to effectively combat international tax optimisation adopted by holding companies and - on the other hand - be integral with the internal tax systems of individual Member States.

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?).

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.