Suchergebnisse

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.

The Hungarian Card exemplifies how to solve nationality and citizenship issues in the transforming international reality after the collapse of the Berlin Wall and the expansion of the European Union. Regardless of the dispute in Hungary, as well as among EU politicians, Hungarian law has emphasized the need to redefine the concept of the nation, or even to substitute the political sense of this concept with the status of state membership or citizenship. The Hungarian Card, how it was passed and then successively amended, evidences that a regional policy is actually operating in Central Europe. Additionally, this Hungarian law has accelerated work on similar regulations in other countries, including Poland. ; The Hungarian Card exemplifies how to solve nationality and citizenship issues in the transforming international reality after the collapse of the Berlin Wall and the expansion of the European Union. Regardless of the dispute in Hungary, as well as among EU politicians, Hungarian law has emphasized the need to redefine the concept of the nation, or even to substitute the political sense of this concept with the status of state membership or citizenship. The Hungarian Card, how it was passed and then successively amended, evidences that a regional policy is actually operating in Central Europe. Additionally, this Hungarian law has accelerated work on similar regulations in other countries, including Poland.

Globally, it is worth stressing that international law, European law and national laws must fulfill the same standards, considering the human rights laws. Since the end of the Second World War, the sphere of international human rights law, including the set of rights of human beings, increased tremendously. In the sphere of human rights, the set of refugees' rights is one of the most important. On the other hand, the sphere of human rights since September 11 had to face the problems of security on a global scale. Today, security impacts the governments, international organizations, NGOs as well as human beings. Let us say that security influences both local and global policy. From this point of view, the article analyzes an important question: Is the human rights system able to function properly with the growing lack of security both in international and regional relations? Can the European Union and its Member States afford total acceptance of international refugee rights regulations referring to African natives? The article refers to the facts from the last few years which totally changed the attitude to human rights laws. It seems that today international organizations such as the United Nations and its specialized agencies should again work on the system of human rights referring to refugees, including legal aspects of counterterrorism. The author also takes into account the necessity of cooperation between the governments in a wider scale, including mutual cooperation and legal activity. ; W opracowaniu analizie został poddany status obywatela Unii Europejskiej z punktu widzenia jego praw podmiotowych w kontekście praw uchodźców wynikających z regulacji międzynarodowych. Zasadniczym celem było określenie granicy pomiędzy prawami obywatela UE a prawami uchodźców. Opisano także wpływ Arabskiej Wiosny Ludów na problem migracji oraz związane z tym zagrożenia bezpieczeństwa wewnętrznego państw członkowskich UE. Zasygnalizowano problemy, które pojawiają się w związku z destabilizacją sytuacji na arenie międzynarodowej w rejonie Afryki Północnej i Środkowego Wschodu, rozwojem skrajnych ruchów islamistycznych oraz efektywnym zetknięciem się warstwy jurydycznej norm ochrony praw człowieka i bezpieczeństwa międzynarodowego.

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 article examines if Poland can, in accordance with international law, effectively combat pressure on the border with a country de facto supporting an aggressor. Analysis of, among others, the Geneva Refugee Convention, EU law, the European Convention on Human Rights and Fundamental Freedoms and jurisprudence validate previous findings that right to life and prohibition of torture are non-derogable, permitting to protect borders and fight with terrorism. National procedures are challenged by a need to individualize decisions refusing entry and denying protection. Still, this does not justify violating human rights.

The Hungarian Card exemplifies how to solve nationality and citizenship issues in the transforming international reality after the collapse of the Berlin Wall and the expansion of the European Union. Regardless of the dispute in Hungary, as well as among EU politicians, Hungarian law has emphasized the need to redefine the concept of the nation, or even to substitute the political sense of this concept with the status of state membership or citizenship. The Hungarian Card, how it was passed and then successively amended, evidences that a regional policy is actually operating in Central Europe. Additionally, this Hungarian law has accelerated work on similar regulations in other countries, including Poland.