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.

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.

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?).

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.

This article deals with the concept of introducing international proverbs to the foreign language lesson. International proverbs can be a good way to improve language skills in at least two foreign languages with less effort by using the analogy between the languages. What is more the experience that the student gains by learning the first foreign language, can be used while learning the second and the next one. Moreover international proverbs, in regard of the European policy supporting multilingualism among the European citizens, help to achieve this goal. ; This article deals with the concept of introducing international proverbs to the foreign language lesson. International proverbs can be a good way to improve language skills in at least two foreign languages with less effort by using the analogy between the languages. What is more the experience that the student gains by learning the first foreign language, can be used while learning the second and the next one. Moreover international proverbs, in regard of the European policy supporting multilingualism among the European citizens, help to achieve this goal.

ISAF operation is one of the hardest missions in the history of Polish Armed Forces in the Post‑Coll War era. Polish Army activity in Afghanistan is also noticeable among other NATO countries. However military involvement in this operation meets a number of challenges, especially when it comes to national security and defence policy. The article discusses these problems, such as: financial aspects of PKW Afghanistan; its influence on the process of modernization of Polish Army; military actitivy in Ghazni province; ideas to withdraw Polish forces prematurely; or political aspects of Polish involvement in Central Asia. Author distinguished several positive and negative aspects of Polish participation in the ISAF operation. Among negative, author listed e.g. the lack of complex solutions (financial, political, organizational) implemented by Poland to improve the security and functioning of PKW Afghanistan. However, it has to be also noted that the military involvement in Afghanistan allows to strengthen Polish position in the Atlantic Alliance. It also caused a major shift in the process of modernization of Polish Army.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

Unia Europejska odgrywa na arenie międzynarodowej wiele ról, a jednym z priorytetowych kierunków w jej polityce zagranicznej jest region śródziemnomorski. Od połowy lat 90. XX wieku UE stara się odgrywać jednocześnie kilka ról wobec państw w nim położonych. Najważniejszymi z nich są role: aktywnego aktora w rozwiązywaniu konfliktu arabsko-izraelskiego; promotora środków budowy zaufania, partnerstwa, bezpieczeństwa i rozbrojenia; promotora reform rynkowych i zrównoważonego rozwoju; propagatora demokracji i praw człowieka oraz dialogu międzykulturowego.Efektywność ról międzynarodowych, analizowana na przykładzie unijnej polityki śródziemnomorskiej, jest jednak niska, ze względu na konflikt między rolami deklarowanymi, rzeczywistymi i oczekiwanymi. W konsekwencji region śródziemnomorski nie został przekształcony w obszar pokoju, stabilności, dobrobytu i porozumienia międzykulturowego, co od 1995 roku było deklarowanym przez Unię Europejską celem. ; The European Union acts in numerous capacities on the international arena, and one of its priorities in foreign policy involves the Mediterranean. Since the mid-1990s, the EU has been trying to play several roles in its relations with countries in this region, the most significant being: an active participant in solving the Arab-Israeli conflict; a promoter of measures to build trust, partnership, security and disarmament; a promoter of market reforms and sustainable development; an advocate of democracy and human rights as well as cross-cultural dialogue.Assessed on the basis of its Mediterranean policy, the efficiency of the EU's international roles, however, is poor, on account of the conflict between the roles the EU declares to be playing, and its actual and expected roles. As a consequence, the Mediterranean has not transformed into the area of peace, stability, welfare and cross-cultural understanding which has been declared as the EU's objective since 1995.