The author claims that Marx’s ideas have succeeded, the proletariat has been victorious in the class conflict but the victory is completely different from what Marx has expected. The vision of the proletariat state ended up in a total failure. The vestiges of Marx’s proposal testify to complete inapplicability of his main ideas to the circumstances of the contemporary world. The concept of a state managed by the proletariat class turned out to be defective. The ownership of the means of production has failed. The concept of private property defended itself and has even been strengthened. And where a public ownership won the upper hand, as in State Treasury, it turned out to be institutional and not collective. Moreover, the state interferes more and more vigorously in private businesses and their activities. On the other hand, however, the proletariat succeeded in the area of employment law where it won some durable legal guarantees. Thus Marx correctly perceived certain needs of the proletariat but proposed inapt solutions to them.
Freedom of research is one of the fundamental principles upon which the Antarctic Treaty System (ATS) was founded. Its scope is defined by the limitations imposed by relevant legal rules. They provide among other for prohibition of scientific investigation of military character and declare that no activities — including research — shall constitute a basis for territorial claims in Antarctica. Of particular importance are limitation;' imposed on freedom of research for the benefit of environmental protection. But, contrary to some views, most scholars consider that the freedom of research and the protection of the environment and ecosystems in Antarctica are equally important principles central to the whole ATS. They are inter-dependent and neither one should be attributed priority over the other. In the best interest of science, Antarctic research needs to be controlled to the necessary minimum of environmental impact and risk.
The article provides a general overview of environmental protection and conservation practice in the Antarctic Treaty area, with special reference to the stipulations of the 1991 Protocol on Environmental Protection and its Annexes.
This paper explores the issue of the value-based life and upbringing towards the values on the grounds of legal conditions in which the Polish educational system exists. Multiple standards are imposed on educational space and law, including especially education law, has been subject to major inflation, therefore, at the moment law is becoming one of the crucial factors that determine the structure and function of all subjects and institutions of education. Law not only determines the formal context of the system wit hin which education occurs but also influences organizational aspects of ongoing educational activities as well as individual areas of experiencing and learning both the school and the law. As a consequence, the law is able to and should support the process of leading students towards the value-based life. All the subjects and institutions of education as well as authorities decisive in terms of education should put and effort in searching for a knowledge on a good law and make establishment of such law a basic concern and task. Good law can lead to a value-based life or constitute a measure of the protection of values that are promoted and implemented within the educational system. Depriving school of humanity is also reflected in the legal sphere – a chaos that occurs in the educational reality under the influence of continuous amendments to the education law. This paper is aimed at considering the state and structure of the current law on the protection of values in education.
Ice constitutes physically, but not legally, a separate element of polar regions, alongside with land, water and air. Lack of clear legal regulations in this respect compells the practitioners to apply often inadequate analogies. The specific status of polar permanent and floating ice calls for urgent and comprehensive legal regulation under general international law, the law of the sea and the law of polar regions, on the ground of the principle of Arctic sectors in the Northern Hemisphere and the Antarctic Treaty System in the Southern Hemisphere, with reference to the relatively rich legal doctrine, discussed in detail below.
In contrast to Antarctica, the Arctic was for a long time deprived of an adequate system of multilateral international scientific cooperation. That gap was filled in 1990 by the foundation of a non-governmental International Arctic Science Committee (IASC). In this article, the origin, structure, operation and perspectives of that Committee are presented.
This article is devoted to current practices concerning the application of general principles of law in the light of their function in the international legal system. As a means of the application and interpretation of both treaty and customary law, general principles of law perform a crucial function in the system of international law, which is understood as set of interrelated rules and principles – norms. The role played by general principles of law in the international legal order has been discussed by academia for years now. Initially they were used to ensure the completeness of the system of international law. However, at the current stage of development of international law, when many of them have been codified, they are usually invoked by international courts for the interpretation of treaties and customary law and/or the determination of their scope. This means that despite their ongoing codification they do not lose their character as general principles and are still applied by international courts in the process of judicial argumentation and the interpretation of other norms to which they are pertinent. References by international courts to general principles of law perform the allimportant function of maintaining the coherence of the international legal order, which is faced with the twin challenges of fragmentation and the proliferation of international courts.
In this article, Svalbard was presented as place and object of intensive scientific research, carried on under the rule of the 1920 Spitsbergen Treaty, which has transformed the archipelago into a unique political and legal entity, having no counterpart anywhere else in the world. Scientific activities in Svalbard are carried out within an uncommon legal framework, shaped by a body of instruments both of international law and domestic laws of Norway, as well as other countries concerned, while the Spitsbergen Treaty, in despite of its advanced age of 75 years, still remains a workable international instrument, fundamental to the maintenance of law and order within the whole Arctic region. In 1995 two important for Svalbard anniversaries were noted: on 9 February, 75 years of the signing of the Spitsbegren Treaty and on 14 August, 70 years of the Norwegian rule over the archipelago.
The text is written on the occasion of the centenary of the Faculty of Law of the Adam Mickiewicz University in Poznań. The author describes the history of the Jubilarian, discusses the achievements of the Faculty’s community and reveals some of its imperfections. The review presents the changes which the Faculty has undergone. The authors commentary is pervaded with the pride of he Faculty‘ s successes from the articular periods of the history. The author also expresses concern about the effects of the Polish higher education reform which is now in its initial stage.
”Bio” technologies are significant for the future prospects and for knowledge based bioeconomy in general. In the article we examine two areas of problems – one connected to the issue of use of genetic resources and traditional knowledge and another – connected to new plant breeding techniques. We examine whether the law is up to date with the developments in the area of biotechnology and if there is a need for legislative changes in these areas. As it turns out, the necessary legislation may be significantly behind the progress of bio-science. Also, we present potential paths for solving such problems.
The aim of this article is to identify the role, that special residential law issued by the municipal executive authorities plays in the metropolises development. The article presents key urban and legal barriers related to the functioning of the spacial management system. The article ends with recommendations for further actions related to repair local spatial policy.
The feature that most attracts private parties from different states to referring their dispute to an arbitral tribunal is the flexibility of the procedure. However, the differences between arbitration and court litigation are not only procedural, but they concern the substance of the parties’ cases. This is because in the realm of international arbitration the law applicable to the merits of the case is determined according to other provisions than the statutory conflict of laws rules. Depending on the arbitration law of the seat, the entire private international law statute can be captured in a single provision – “absent the parties’ choice, the arbitral tribunal shall apply the rules of law which it determines to be appropriate”. It follows that arbitral tribunals, unlike state courts, are not bound by the conflict of laws rules of the forum. What’s more, the merits of a dispute submitted to arbitration may be governed not only by some national body of law (e.g. the Polish Civil Code) but also by a non-state, nonnational set of provisions – “rules of law” (e.g. the UNIDROIT Principles of International Commercial Contracts). The aim of this article is to analyze how the parties and tribunals may make use of their autonomy in determining the law applicable to a dispute. Furthermore it examines whether there are any limits thereto in light of the Rome I Regulation.
The problem of deposit protection and the process of liquidation of mining plants does not find effective solutions in the national law. Nevertheless, this is a very up-to-date issue. This situation prompted the authors of the article to once again analyze these issues. The number of abandoned exploitation sites which were published in the Polish Geological Institute reports should affect the entire licensing system and the state’s raw material policy. As a good host of raw materials, which we have been given by Earth Mother, we cannot allow that the mining licensing system, the liquidation procedures of mining plants without due diligence, result in the lack of protection of these deposits. The rational raw material economy and the ability to exploit it for the future generations, while failing to effectively enforce the site liquidation process makes it necessary to take actions leading to not blocking the mineral deposits in this way. The analysis shows what appropriate actions should be taken. The authors have thoroughly investigated the legal regulations over the past century, compiling them with the current legislation, and pointing out the weaknesses of the system in the field of deposits protection, particularly in the part of the unexploited deposits. Criticism covered both the statutory regulations – Geological and mining law as well as executive acts in the field of deposit protection. A separate analysis was subjected to the procedure of liquidation of the mining plants in the aspect of deposits protection, for mining plants operating on the basis of the Province Marshal’s licenses. The process presented in the flowchart layout clearly shows the weak points of the currently operating system.
The demand for REE was the background to include them to those consisting of the property of the State Treasury in Poland, enumerated in the Geological and Mining Law (Article 10). The PLN 500/kg REE payment for exploitation of REE (exploitation tax) was introduced. Both proposals will restrain the REE recovery from exploited domestic mineral commodities. The term REE is imprecise. Their deposits are rare and may be classified as “REE ore deposits”. The REE are often the accompanying constituents in varied mineral commodities and are recoverable during their processing, outside the mine. The application of an exploitation tax in such a case is inapplicable. The established value of the exploitation tax is incomparably high in respect to the value of the REE contained in mined mineral commodities. The analysis of introduced changes of mining and geological law allow to suggest the reevaluation of ownership based subdivision of mineral commodities: name the mineral commodities belonging to the land property owners and leave the list of mineral commodities consisting property of the State Treasury open. The more careful approach is also necessary in the formulation of Geological and Mining Law. It should be preliminary formulated by persons competent in geology and mining and subsequently adjusted to juridical exigencies.
The aim of the study is to examine the importance of economic argumentation in international maritime disputes. The paper first explains what the international maritime disputes, their sources and types are, what principles they are subjected to. It also established what should be understood by economic arguments, emphasizing their relative nature, as well as showing the potential of the Convention on the Law of the Sea of 1982 as a basis for formulating economic argumentation. The importance of economic argumentation was considered in relation to international disputes regarding the legal status of maritime territories, delimitation of maritime zones, power over the sea and use of the sea. Research, carried out, leads to the following conclusions: 1) economic arguments are present in the reasoning of the parties as well as dispute settlement bodies. However, their probative value is limited; 2) in disputes related to the status of maritime features economic reasoning appears in the context of necessity to demonstrate that they can be a basis for delimitation; 3) in delimitation disputes, addressing economic arguments is more complex and contradictory. Economic arguments may be useful in the second phase of delimitation when relevant circumstances are considered. However, the existing practice shows that the range of economic arguments is limited (they cannot serve as a reason for correction of natural inequalities). International jurisprudence denies taking into account arguments based on level of economic development or economic or financial difficulties of a state (except for the catastrophic repercussions for the livelihood and economic wellbeing of the population), the needs of economic development or performance of economic activities (mining, fishing, shipping). An argument associated with assurance of deposit unity is of some importance (when resources are known or readily ascertainable); 4) in disputes concerning the power over the sea some weight is held by an argument associated with the establishment of economic authority, in particular, of a regulatory and control nature; 5) in disputes related to the use of the sea, the importance of economic reasoning is varied. In disputes concerning the prompt release, the role of the economic argument is limited. On the contrary, it is relevant in disputes related to the violation of rights and economic interests of States and people, if they are protected by international law.
International law reflects systemic conditions compatible with its essence, which means that a space must exist inside the borders of that order for the presence of the phenomenon of general principles. The assumption that international law is a legal system ipso facto means that general principles must exist within its borders. A general principle of law is a necessary element of every legal order. It is a form and a tool in which the efforts of the individual seeking to comprehend a given phenomenon are materialized through imposing order on it rather than by breaking it down into unconnected and independent elements. Since law is an expression of order, law therefore applies general principles. The systematicity of law, and therefore of international law as well, creates the primary source of the binding force of any norm. Considerations of natural law or positive law justifications for the presence of general principles in international law are of little consequence, as the source of general principles is the systemic nature of the law. Order and hierarchy are part of the rationalized system in which norms of law present themselves. This dependency applies also to norms of international law. The role of the judge is to fill in the appropriate normative content (general principles) in fields constituting at one and the same time both a necessary element and a consequence of the systemic character of the international legal order. Within this context the principle of good faith constitutes one of the bases for considerations concerning the extent of the international legal order. The extent of international law reaches as far as the extent to which evidence of good faith are present among the subjects of international law. The impossibility of describing relations between two states by the use of the determinants of good faith, translated in turn into a normative general principle, determinates the limits of international law.
This article examines the phenomenon of internal displacement from the perspective of the existing legal framework and those measures which should guarantee protection for internally displaced populations worldwide. With this aim in mind, the article begins by assessing the role of international law and try to ascertain which legal norms are applicable to protect internally displaced persons. As a second step, it analyzes the question of responsibility for the protection of internally displaced persons, i.e. whether this lies with the state of origin through its national law, or rather with the international community, and examines the relevant provisions of international law. While concluding and identifying the existing gaps in the current legislation, the article demonstrates that internally displaced persons should become the objects of a specific system of law and legal protection. At the same time, the text intends to contribute to the contemporary debate promoting efforts to strengthen the protection of internally displaced persons and to disseminate knowledge about this vulnerable group of people.
This article presents the Polish practice of promulgation of international agreements since the end of World War II. It shows that the practice is at variance with the law and makes it difficult to determine the current legal situation vis-à-vis international agreements in Poland. In the conclusions the author puts forward de lege ferenda proposals which could improve the Polish promulgation practice.
In Poland the position of a leader of political party Law and Justice has become the most important position in the country. His will has the power of law. The boundary between his will and the will of a state has blurred. The leader holds unlimited power, although he does not hold any public position. He is beyond legislative, executive and judiciary. The constitutional rule of control, complementing and hindering was replaced by charismatic power of the leader of Law and Justice. The power in Poland is held by one man. The „new law order” (Constitutional Court, National Council of the Judiciary of Poland, common courts, Supreme Court, prosecutors office) serves political purposes of the leader of Law and Justice. That is the reason for judges exchange in Poland. Lawlessness has become law. Law has been turned into a political instrument and it was done in the most vulgar way. Law serves Law and Justice’s political purpose, with disregard and disrespect to constitutional values. The system of constitutional values is not relevant for Law and Justice in the process of establishing law. A system based on autocracy is created. The main legislative competence is held by the leader of Law and Justice. Systematically, with absolute consistency, a totalitarian regime is built, where legislative and executive is under control of one man, who himself remains out of constitutional control and has no constitutional responsibility.
This article discusses the classical question whether general principles of law form a separate source of international law. To this end it adopts the method of a posteriori analysis, examining the normative nature of various principles of law one by one. This analysis leads to the conclusion that only some principles have a normative nature, while others lack it.
This article analyses the practice of the Polish administrative courts with respect to application of the Vienna Convention on the Law of Treaties, based on a case study of the judgment of the Voivodship Administrative Court in Warsaw of 6 May 2014 (case no. II SA/Wa 117/14), which concerned the recognition of distance learning degrees awarded by Ukrainian universities pursuant to the 1972 Prague Convention. It is argued herein that the reasoning of the court suffers from four major drawbacks: 1) it is at variance with the text, object and purpose of the Prague Convention; 2) it does not take into account the practice in the application of that treaty; 3) it misinterprets the silence of the preparatory work to the Prague Convention on certain issues; and 4) it is inconsistent with international judicial decisions as regards the interpretation of the “special meaning” of one of the terms used in the Convention.
There are different meanings and functions of what is called a “general principle of law.” This article seeks to address their importance as the basis for the systemic integration of the international legal order. When international law is considered as a legal system, its normative unity and completeness seems essential. This article argues that general principles of law are a necessary, although less visible, element of international legal practice and reasoning, which secure the systemic integration and long-lasting underpinnings of international law. In this sense they may be seen as the gentle guardians of international law as a legal system.
Throughout the period between the 11th and 15th centuries, Christian and Arabic countries as well as territorial dominions, although faced with feudal political chaos, managed to take joint action against pirates. Piracy was unanimously treated as a major risk both to inshore safety and safety at sea, as well as to trade and economic growth. Attempts were made to establish institutional framework for prosecuting the pirates and setting terms under which respective counties would remain legally liable. International treaties had laid foundations for the aforementioned framework and imposed certain liabilities on the countries. A number of treaties concluded during the period under discussion and published by an archivist in the 19th century enables modern researchers to get to know the Law of Nations created somewhere in between the Islamic and European legal cultures.