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.

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 purpose of the article is to analyse the role of the public prosecutor's office as an institution that is specifically embedded in between certain elements of the political system, particularly between the executive and judiciary powers. For this reason, the public prosecutor's office can be regarded, together with courts, as an institution that aims to be actively involved in administering justice and an instrument of the executive power to guarantee internal security and to execute internal functions of the state. The public prosecutor's office, given its specific operation area, is expected to prosecute crimes effectively as well as safeguard the rule of law, which may be threatened by the infringing actions of not only individuals and criminal groups but also of officials and state institutions. Hence, with respect to the accountability of the public prosecutor's office, it should be more independent of the executive power which is subject to political rules. It appears, however, that separating it officially from the executive power does not have to lead automatically to the public prosecutor's office independence of political influence when other direct (the Prime Minister's and the Minister of Justice's authority over the Attorney General) and indirect mechanisms of prosecutors' political dependency (clientelism, politicisation and political bonds of prosecutors with politicians) exist.

The European Union does not have an autonomous and self-standing public policy concerning the protection of landscape. Instead, it adopts fragmentary and incidental measures meant to protect landscape. These measures are adopted within the frameworks of other EU policies, most importantly the EU environmental policy as well as other policies which are integrated with it (such as agricultural policy or policy concerned with special planning). In all these realms, the EU shares its powers with its member states. In some important areas, such as e.g. the property regime, the member states retained their exclusive competences. This particular distribution of powers makes the implementation of the extra-EU international law instruments rather difficult and not sufficiently effective to produce a worthwhile impact. These obligations have a limited influence because most of them are obligations of "a diligent pursue" rather than "firm result". As such, they are unlikely to give rise to direct application of respective conventional provisions. Notwithstanding, their importance is much more pronounced in the area of legal reasoning, where even the EU or domestic measures have to be interpreted in the light of the EU and/or its member states' obligations arising from international conventions on landscape protection.

The article is aimed at assessing the regulations of the European Convention for the protection of vertebrate animals used for experimental and other scientific purposes, opened for signature in Strasbourg on 18 March 1986, and Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes in the context of their impact on the number of procedures which set out a model for the protection of animals used for scientific purposes in European countries, in the perspective of their impact on the reduction of the number of scientific procedures using animals carried out in European countries, including especially those involving the highest degree of suffering for animals. The starting point for this assessment was the identification of rules determining the admissibility of scientific use of animals in European countries and the impact that certain measures implemented under these rules may have on the reduction of the number of procedures involving animals. In principle, the analysis of these solutions is to specify the directions of further development of regulations aimed at protecting animals used for scientific purposes. ; Celem artykułu jest ocena regulacji Europejskiej Konwencji w sprawie ochrony zwierząt kręgowych wykorzystywanych do celów doświadczalnych i innych celów naukowych, sporządzonej w Strasburgu w dniu 18 marca 1986 r., oraz dyrektywy Parlamentu Europejskiego i Rady 2010/63/UE z dnia 22 września 2010 r. w sprawie ochrony zwierząt wykorzystywanych do celów naukowych w kontekście ich wpływu na liczbę procedur, które wyznaczają model ochrony zwierząt wykorzystywanych do celów naukowych w państwach europejskich, w perspektywie ich wpływu na ograniczenie liczby procedur naukowych z wykorzystaniem zwierząt przeprowadzanych w państwach europejskich, w tym w szczególności procedur wiążących się z najwyższym poziomem doznawanych przez zwierzęta cierpień. Punktem wyjścia do tej oceny było określenie zasad determinujących dopuszczalność wykorzystania zwierząt do celów naukowych w państwach europejskich, a także wpływu, jaki określone środki wdrażane w ramach tych zasad mogą wywierać na ograniczenie liczby procedur z wykorzystaniem zwierząt. W założeniu analiza tych rozwiązań ma pozwolić na wskazanie kierunków dalszego rozwoju regulacji mających na celu ochronę zwierząt wykorzystywanych w celach naukowych.

In contemporary states the aims of public policy are more often met through the implementation of regulatory instruments. It appears vital then to analyse their theoretical background as well as to contextually specify the conditions of their effective implementation. The following paper aims to conduct an analysis of the regulatory instruments such as standards, soft law along with self-regulation. There are three types of regulatory standards pointed out (goal-oriented, resultative, specific). The choice of a given standard often depends on context-specific factors, and additionally it involves an important dilemma, i.e. whether they should be unified for all the subordinate entities or differentiated in terms of the given features of the regulated entities. The author analyses the so-called 'soft law' as a regulatory instrument, which is implemented both in national and international regulatory systems. The term is used within the framework of regulatory policy and holds that the aims of public policy can be met through the application of soft, and sometimes 'informal' tools, that in certain circumstances might turn out to be equally effective as typical hard regulatory tools that are subject to sanction. The article additionally aims to address the issue of self-regulation that encompasses a set of rules that economic entities have created in a voluntary way (informally) and reciprocally claim as legally binding. These can also entail formal rules (e.g. the codes of conduct) that are fully executed in courts. In the summary section it is claimed that the choice of regulatory instruments is the one that should be dependent on the level of maturity of the institutional structures functioning within an economy as well as the capacity of entities to adequately react to informative market signals.

Traditionally, the quality of law is associated with observing certain principles of law making, the so-called principles of good legislation. Such a way of thinking, however, seems to be an over-simplification. Thus, the author indicates that the high-quality of legislation and the principles of good legislation are not the same. Law passed on the basis of good legislation procedures does not automatically result in the high-quality law, in particular, if one makes an assumption that the quality of law depends, above all, on legal certainty being ensured. The reflections presented here express an opinion on the immediate connection between the quality of law and the theory of law. In this perspective, thoughts on the quality of law resulted in an opinion how firmly the process of improvement in law quality is associated with the development of the theory of law. As regards the studies on the quality of law as a measure of legal certainty, three issues are pointed out in the material: 1. the quality of law from the point of view of its formation in reference to certain general social phenomena, 2. the quality of law relating to a person, 3. the quality of law in judicial activities.

The Environmental Kuznets Curve (EKC) is a descriptive formula used to reflect on asymmetries in economic development and consequential conflict of interests arising between various states of the world. These asymmetries and conflicts of interests have their reflection in these states' environmental policy mix - implemented domestically and pursued in the international context. The emerging map of mutual interests and dependences results from the consideration of external costs and benefits pertaining to respective national environmental policies. The EKC makes it evident that these costs and benefits cannot be evenly spread over all the states. This urges these states to adopt such interjurisdictional arrangements which are based on the identification of a possible multilateral exchange of economic policy favours and international financial transfers. Such an exchange, whenever occurs, has a generalized reciprocity formula. The function of such an arrangement is to make it possible for Nash equilibria to emerge, as such are most likely to produce the highest possible level of effectiveness in the long run. Such a behavior may not be cooperative in the short and medium term, yet the bottom-line cooperativeness is achieved because most states have similar if not the same long-term environmental goals.

There is no law making without law writing. Creating an act of law means organizing (coding) a rule into a strictly designed form. That form and the knowledge of coding allows a reader to extract rules from statues. The knowledge necessary for law writing includes but is not limited to the following elements of acts of law: statues, directives, editing, text structure, rules for amending and unifying etc. Development of legislative techniques and quality control in law writing are necessary to provide high quality law that citizens can trust.