Suchergebnisse

This article concentrates on the basic problems respecting the "economic sovereignty" and "economic self-determination", and especially on the right to choose he economic system of a state, the permanent sovereignty over natural wealth and resources, the right to free disposal of natural wealth and resources and the problems of economic coercion. In the opinion of the present writer a delimitation should be drawn between he rights of states on the one hand, and the corresponding rights of peoples on he other. Such a delimitation must be based on the assumption that in international aw the concept of sovereignty is connected exclusively with the states, and the concept of self-determination exclusively with the peoples. According to that the right to choose the economic system and the permanent sovereignty over natural wealth and resources are fundamental rights of states flowing from their sovereignty The corresponding rights of peoples flowing from their right to selfdetermination, i.e. the right of every people to choose the economic system of its state and the right to free disposal of its natural wealth and resources,, are only complementary to those fundamental rights of states; they are strengthening the prohibition of foreign intervention which is inherent in sovereign equality of states. Ii is, however, possible that the exercise of "economic sovereignty" may contradict the right of a people to "economic self-determination, especially when the economic system does not conform to the wishes of a people or when a people is being deprived of its own means of subsistence. In such a case the question of foreign intervention arises in a different context. It can be taken for granted that the people's right to self-determination excludes the admissibility of foreign intervention by invitation of the government. On the other hand, it is certain that international law does not authorize any intervention in favour of the people's right to self-determination. The last section of the article is concerned with the problems of economic coercion. In the opinion of the present writer the prohibition of the use of economic measures of coercion still belongs to the sphere de lege ferenda. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

Although the Solidarity Election Action (AWS) had been the first impressive attempt to unite right-wing groupings after 1989 which was effected in practice, it failed to develop a united, coherent image for the purpose of contacts with the media throughout the whole period it was in power. Reality showed that right-wing politicians failed to take advantage of the assets of the new grouping. Incompetence of its leaders and absence of a coherent policy quickly overshadowed the success of the Solidarity Election Action. As a consequence, Solidarity Election Action has wasted an enormous chance and failed to become a united group of the Polish right wing. Leaders of individual organizations composing the AWS did not give up their leaders' ambitions, which became particularly significant towards the end of theAWS-UW(Solidarity Election Action – Liberty Union) coalition, when the right-wing block was eroding rapidly.

Although the Solidarity Election Action (AWS) had been the first impressive attempt to unite right-wing groupings after 1989 which was effected in practice, it failed to develop a united, coherent image for the purpose of contacts with the media throughout the whole period it was in power. Reality showed that right-wing politi- cians failed to take advantage of the assets of the new grouping. Incompetence of its leaders and absence of a coherent policy quickly overshadowed the success of the Soli- darity Election Action. As a consequence, Solidarity Election Action has wasted an enormous chance and failed to become a united group of the Polish right wing. Leaders of individual organizations composing the AWS did not give up their leaders' ambitions, which became particularly significant towards the end of the AWS-UW (Solidarity Election Action – Liberty Union) coalition, when the right-wing block was eroding rapidly.

The purpose of the article is to turn the readers' attention to the threats and dangers of functioning of the democratic system. The starting point for the considerations is the conception of a famous Italian sociologist Gaetano Mosca (1858-1941), a co-author of the sociological theory of elites. Gaetano Mosca was opposed to the introduction of a general right to vote and was against granting the voting rights to women. Besides, he was a strong opponent of proportional electoral regulations, and he stressed the role of electoral committees and the significance of a strong middle, class as a support for the democratic government. The article points to the topicality of some Mosca's views on the system of representative democracy. However, the article's main concern is to indicate some dangers for the emerging Polish democracy. In particular, the author points to: 1) the danger of indifference and weak political understanding among the Polish electorate; 2) the necessity to put forth alternative programmes (to make it possible to vote for particular programmes rather than for particular persons); 3) advantages and disadvantages of proportional and majority electoral regulations (the author is in favour of proportional regulations with a minimum threshold); 4) the necessity of reconstructing the middle class. Besides, the author stresses the dangers specific for the functioning of democracy at a local level. The topicality of many Gaetano's views on the functioning of democratic systems is the best proof of advantages flowing from the studies on the classical sociological thought. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

The Movement of a Hundred (Polish: Ruch Stu) was to become an alternative for the political class that emerged after 1989. The whole political class was supposed to be substituted in a democratic manner by new people entering the political arena. The minimum political platform was to unite the activists of diversified political provenience. The Movement of a Hundred was to provide a new way of functioning for the political parties. The very naming of the party as the "movement", that is a common activity of new people, was of significant importance itself. They were to introduce a new quality of politics and a new model of a politician. Current political events in- volved the Movement of a Hundred in a never-ending spiral of political elections. The two most important events were supporting Lech Wa³êsa before the presidential elec- tions and the decision to join the structures of the AWS (Solidarity Election Action). The Movement of a Hundred was to be an alternative and novelty on the Polish political arena. However, it became a tiny, hardly observable, component of the right wing of the former political class. It was commonly known to have been incorporated by the old elite. The Movement of a Hundred adopted behavioral models that were typical of a former political class (including the conflicts between the leaders), as well as the heavily criticized faults (struggle for gaining influence in the AWS) that resulted in the collapse of the whole right wing in the next parliamentary elections.

The Movement of a Hundred (Polish: Ruch Stu) was to become an alternative for the political class that emerged after 1989. The whole political class was supposed to be substituted in a democratic manner by new people entering the political arena. The minimum political platform was to unite the activists of diversified political provenience. The Movement of a Hundred was to provide a new way of functioning for the political parties. The very naming of the party as the "movement", that is a common activity of new people, was of significant importance itself. They were to introduce a new quality of politics and a new model of a politician. Current political events involved the Movement of a Hundred in a never-ending spiral of political elections. The two most important events were supporting Lech Wa³êsa before the presidential elections and the decision to join the structures of the AWS (Solidarity Election Action). The Movement of a Hundred was to be an alternative and novelty on the Polish political arena. However, it became a tiny, hardly observable, component of the right wing of the former political class. It was commonly known to have been incorporated by the old elite. The Movement of a Hundred adopted behavioral models that were typical of a former political class (including the conflicts between the leaders), as well as the heavily criticized faults (struggle for gaining influence in the AWS) that resulted in the collapse of the whole right wing in the next parliamentary elections.

The foundation of international organizations has created the need to employ in their offices qualified persons who, with the time passing, were called international civil servants. The legal status of international civil servants, their place in the organization and the role played towards member countries, is the subject of the present work. The origin of international civil servants goes back to the 19th c. administrative unions but it was only the League of Nations which accepted this situation. Its full development took place, however, in the latter part of the 20th c., in the period of the so-called organizational revolution. International law and sometimes also the domestic law of the states define the rules of employing civil servants in the organizations. They formulate both the conditions which the candidate for the civil servant must fulfil and the types of his connections with the organization (Chpt. II). International civil servants enjoy the rights and appropriate duties (Chpts. Ill and IV). Their content and scope is the result of, first of all, the internal regulations of the organization, sometimes enriched by the rules of the law of the host state. The rights and duties of civil servants are accompanied by the privileges and immunities — facilities necessary to perform their duties in the organization (Chpt. V). The activities of civil servants may lead to conflicts with organization authorities. To protect their interests civil servants may make use of either administrative procedure stipulated in the inner law of the organization or submit the existing controversy to the competent judicial agency, i. e. administrative tribunal (Chpt. VI). The work closes with considerations on the independence of international civil servants towards the countries they are citizens of (Chpt. VII). And although the rule of independence of civil servants is confirmed by the statutes of particular organizations, still the activities of some countries are threat for this independence.

Seven drafts of the constitution submitted to the Polish Sejm by political parties have been analyzed and compared within the scope of regulations concerning the economic organization of the society: property rights, freedom of economic activity and its limitations, social security, state budget and debt, etc. Though advanced by groups of different or even (seemingly) opposite political orientations, the drafts do not differ much, all of them presenting a vision of a rather liberal state with the possibility of state intervention, in case it is necessary to protect "the public good". Most important differences may be noticed in the area of social insurance, education and health service. It is, however, often difficult to state decisively what the differences between the drafts consist in. All the drafts have been written in a very general language. It is only the future legislation which will determine the shape of the economic system of the state, and will interpret the still vague regulations of the constitution, the final version of which will certainly be a compromise between the submitted drafts. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

A politological analysis is presented in this book of the more than seventy year long period of US — Panama relations. Particular interest is devoted to the diplomatic and international law aspects, since in the author's opinion they are of paramount, fundamental significance. The main stream of these considerations is preceded (section 1) by a description of the circumstances governing the founding od Panama as an independent state. The author sees this as the resultant of a number of causes, both internal and also external, and hence not merely as a product of US policies. In section 2 is presented the initial state of bilateral relations, in particular the circumstances accompanying the signing of the Hay — Bunau-Varilla agreement, analysis of its clauses and also the legal and practical consequences of this agreement as the plane of the links between' Panama and the United States. Panama — US relations in the years from 1904—1964 are shown (section 3), analysing selected problems in a dynamic conception. Dealt with here are such problems as: guaranteeing independence and the policy of intervention, titular and eminents sovereignty military and economic questions and also matters concerning the conflict of 1964. It is the author's view that the situations analysed determine the principal lines of division and differences in the interests of the two sides, and also make it possible to discern — in a negative sense — future and desired foundations of these bilateral relations. Also comprehended in the field of interest is the question of the interpretation of the 1903 convention^ the evolution of Panama's attitude towards its principal terms and also certain legal modifications. The last two sections deal with the story of the negotiations lastingover many years and also the analysis of the currently binding agreements on the Panama Canal. Attention is drawn to the internal and international determinants governing the attitudes of the two sides. The author evaluates the new foundation of US — Panama relations in finding answers to the question: to what degree have the three groups of already historical controversies between the two sides been eliminated. These involve: 1) the legal and factual position of the Canal Zone; 2) the legal situation of the canal; 3) the rights held by USA extending over the whole Panamese relations results from the overcoming of a certain barrier, impossilbe to surmount in the earlier period, which determined the limiting (referring both to intentions and also to pacts negotiated) to modification of the Hay — Bunau-Varilla agreements without making any changes in its basic terms. In this sense the actual treaties are an incomparable qualitative state (chiefly due to annulling the clause on the permanence and titular sovereignty of Panama over the Canal Zone) that is achieveable due to the determination of the Torrijos government and also of the Carter administration. The present situation is of a clearly temporary character (up to 2000 AD). Although many anachronistic regulations have been annulled and in many cases conditions for cooperation have been created, intractable problems for the future are discernible. These result from the different interpretations by the two sides of the function of the Panama Canal. Panama aims to extract maximum direct and indirect advantages from the canal. As a small country its policy is to achieve demilitarisation and neutrality understood as the elimination of foreign bases and the obtaining of international guarantees safeguarding against external intervention. For the USA the economic question, although important (the advantages are rather indirect), does not play such a dominant role. Moreover, the canal itself has a strategic significance, the more so in view Of the lack of stability in Central America. From the aspect of Panamese rights further doubts are raised by the plans for building a canal at sea level. Among the varied problems to be confronted in the coming decade, these major items are most likely to govern US — Panama relations: the economic viability, of exploiting the canal, the method of implementing its strategic function and matters relating to the plans for building a new canal.

The author presents changes which to the Polish political system brought the Law of April 7, 1989 on Amendment to the Constitution of the Polish People's Republic (Off. Gazz. No. 19, item 101). The most important changes introduced by the said Law concern: 1) the Diet of the Polish People's Republic; 2) a newly created organ — the Senate of the Polish People's Republic; 3) another newly created chief organ — the President of the Polish People's Republic, with the simultaneous elimination of the hitherto existing chief organ — the Council of State of the Polish People's Republic. The above changes are discussed in three chapters (II, III, IV). The autor paints to their position in the system of chief State organs and sketches their characteristics, competence, the way of appointing these organs, their internal organization and mode of functioning. In the first place, however, the author points to mutual dependencies between these organ?. The author proves that the position of the Diet — which in the Constitution is still defined as the supreme organ of State power, the supreme utterer of the will of the people, the organ realizing sovereign rights of the nation, the legislator and the decision maker who determines the directions of the activity of the State — has to a considerable extent been weakened in favour of the Senate and especially the President. In his concluding remarks the author points to the need of adopting a new constitution. The present one is full of internal contradictions due to numerous amendments going in various directions, depending on periods when those amendments were made. A future constitution should be built along uniform and internally consistent conception based on democratic principles. The author is for a constitution based on the principle of uniformity of power concentrated in the superior representative organ of the nation. He points to the system of Swiss Confederation and rejects the system of distribution of power. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

The first part of the article deals with questions concerning the oncoming enlargement of the European Union by former eastern-bloc countries such as Poland, Hungary, the Czech and Slovakian Republics, Romania, Bulgaria as well as Slovenia and the three Baltic states. It focuses upon the "europe-Treaties" which the European Union has concluded or is going to conclude the countries obove. The question being raised is whether these treaties can be regarded as sufficient preparation for future membership in the European Union. The treaties' specific deficiencies, such as the existence of a safeguard-clause, as well as the exclusion of a unitary competition right and of the agrarian market are mentioned. The enormous differences between the GDP per capita of the most advances Vysehrad-countries and least developed members of the European Union, as well as the non-compatible structure of these countries' national economies are expected to cause extraordinary problems of adjustment. Furthermore the question is raised if the option of further integration without membership would not be a viable alternative for the oncoming 8 to 10 years. The second part of the article deals with the future perspective of an enlarged Union. First the specific three-structure of the Union is described; the Union being characterized as a "compound" of supranational and intergovernmental elements. Questions concerning the oncoming reforms of the institutions are raised. Furthermore, the article deals with the aspect of a guiding principle for future political development of the Union. The Author concludes that the idea of a European State cannot be regarded as a realistic perspective for the oncoming decades. The objective of a general supranationalisation in the field of European cooperation would inevitably lead to a fundamental conflict with the principles of democracy; this being due to the lack of a unitary European nation as the sovereign and the subject of democracy. A mixed structural "compound" not unlike the present three-pillared structure is therefore the only realistic alternative in the foreseeable furure. Moreover the entire process of cooperation demands a stronger diversification in that not all members have to participate in all fields of integration at the same time. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

Immediately after the dicision of the Ambasador's Council of July 28, 1920,concerning the division of the Cieszyn Silesia, it became clear thet the said delimitation did not win the acceptance of any serious political forces in Poland. The Polish state's difficult international situation, however, made the Polish authorities abandon the idea of resolving the Zaolzie question by force. Fruitless negotiations were, at the same time, conducted to obtain the cossion of at least a part of the disputed territory in Poland's favour and various diplomatic interventions were undertaken to improve the situation of the Polish population inhabiting the Zaolzie Silesia. In spite of the low efficiency of such initiatives, in 1925 the political relation between Poland and Czechoslovakia were normalised and a liquidation agreement was signed, which led to a normalisation of mutual relations in the divided area. The actions of the Polish Republic in relation to the Zaolzie were influenced by various factors that were difficult to harmonise. One of them was the necessity to subjugate the Zaolzie question to the atate's general interests, which included an acceptance of the Versailles status quo, and attempts to find a platform of co-operation with Czechoslovakia in view of the growing German threat. Another factor was the desire to maintain the Polish national character of the Zaolzie motivated by the reluctance to give up that territory in an unequivocal way. The expectation of a cooperation with Czechoslovakia in the international context led to the policy of letting bygones be bygones. The democratic nature of the Chechoslovak state afforded a possibility of making the defence of the Polish national rights the responsibility of the Polish deputies in the parliament in Prague. The Polish Ministry of Foreign Affairs tried then to persuade the leaders of the Polish community in the Zaolzie to assume a more activistic attitude. At the same time, the Polish Consul in Moravska Ostrava supported financially the institutions of the Polish national life nad tried to resist the assimilating policy of the Czech authorities. This tactics brought, up to a point, some results, but it did not prevent all attempts at an assimilation on the part of influential Czech organisations and bussiness circles, neither did it safeguard the conditions of the national life in the Zaolzie so as to obviate the need for the steady flow of the Polish financial aid without which the Polish educational and cultural institutions would not survive. In the late 1920s and early 1930s a rapprochement between Warsaw and Prague seemed to substantiate the hopes for a betterment of the situation of the Poles in the Zaolzie. In the wake of such hopes there appeared Polish-Czechoslovak societies and Czechoslovak-Polish clubs. These clubs reised high expectations in the consular centre in Moravska Ostrava, which hoped that they would help to break down the barriers between the Polish and Czech population and to obtain the support of influential Czech circles for the postulates of the Polish minority. The most committed members of the clubs (just like all, with no exceptions, Polish cosuits in Moravska Ostrava) were treated, however, with great suspicion and aversion by the Czech nationalist circles, as well as by the personalities representing the views of the Czechoslovak Ministry of Foreign Affairs. The most far-reaching initiative, that is the idea of calling a reconciliation conference concerning the matters of the Cieszyn Silesia in 1932, ended in a fiasco. Such factors as the way the 1930 sensus was carried out, the obvious deterioration of the living standards at the time of the Great Depression, and the attitude of the persons responsible for the Czech foreign policy who insisted on all Polish citizens leaving Czechoslovakia before "equitable" negotiations with Poland could begin, signalled the end of the period in which a positive and active conduct of the Polish population could seem an efficient antidote to the growing pressure for assimilation. The political events of 1933 changed the perception of the chances for a cooperation between Poland and Czechoslovakia, both of them being situated between Germany and the Soviet Union, which, in early 1934, made the representatives of the Polish Republic change their policy in the Zaolzie. From then, on the support of the Polish authorities and society for the Polish minority was emphasised, also a pressure was being exerted on the Czechoslovak government by means of an organised press campaign in Poland. The Czechoslovak government, however, did not yield under pressure, and assumed an intransigent attitude, taking this opportunity to get rid of a certain number of the Poles in the Zaolzie. The assimilation of the local Poles both of a natural kind and enforced by political and economic pressure seemed to the Czech authorities to be the best way to pacify this important borderline region. The tactics to which the Polish side resorted did not then lead to an improvement of the situation of the ethnic Poles in Czechoslovakia, it had, however, a different result, namely it aroused the national feelings and kindled the hopes for the Polish state's stronger support for the minority aspirations. In Poland, on the other hand, the internal situation in Poland's southern neighbour state, beginning with the elections of 1935, started to be looked at from the perspective of the apparently imminent crisis. In view of this, while the idea of an intensive propaganda camping was abandoned, the Czech policy in relation to the ethnic minorities was carefully watched, and the internal integration of the Polish community in the Zaolzie was strongly supported.