Art. 52 sec. 1 of the Regeneration Act of 9 October 2015 allowed municipalities which, at the time of its entry into force, did not have a valid revitalization program, to carry out revitalization activities on the basis of a revitalization program other than the municipal revitalization program. The choice of procedure was left by the legislature of the municipality, assuming that at the initial stage of the implementation of the law, only the municipality should test its instrument, referring to the nature and scale of its needs. The ROP Managing Authority in Małopolska as the only one in the country introduced the requirement of developing municipal revitalization programs for all municipalities that did not have a current revitalization program at the time of the entry into force of the Act. Therefore, these municipalities, in order to benefi t from EU funding under ROP WM 2014-2020 for revitalization activities planned in the programs, were not able to rely on the derogation contained in art. 52 sec. 1 of the Act. Regardless of the size of the municipality and the nature of revitalization needs, they were compelled to develop a document complying with the statutory procedure, the fi rst stage being the delimitation of the degraded area and the revitalization area and confi rmation by the resolution of the municipality council. As a result Małopolskie Voivodeship has become Poland’s largest laboratory of methodology of delimitation of these areas and development of revitalization programs. The aim of the article is to present the diversity of applied methodological approaches to the delimitation of revitalization areas in Małopolskie Voivodeship and to describe the most noteworthy, as well as to indicate the most common errors in the designation of these areas.
The meaning and scope of the concept of security in extenso, as well as its special type, i.e. maritime safety and security, has been the subject of many considerations and discussions for decades, and perhaps for centuries. Security is most often understood as one of the basic functions of the State implying counteracting all threats. In axiological terms, as a risk-free state, maritime safety is a value, and in functional terms, as a desirable state, it is expressed in the protective function of law. The law must be structured in such a way as to constantly realize this function. Achieving maritime safety can therefore be seen as the capacity of law and institutions, for example, to protect a ship against loss, protect health and life of people employed on a ship, and protect the environment from pollution.
The concept of control over electronic transferable records is the central premise of the UNCITRAL Model Law on Transferable Electronic Records. It indicates the method of determining the party who has the rights embodied in the negotiable electronic record. The purpose of this article is to present the most important issues related to documents and instruments that have a circular function in international maritime trade, and the intention to create a legal framework for them when they take the form of electronic records.
The concept of a general average is the oldest institution of maritime law. Its usefulness in modern shipping relations has long been criticized. Nevertheless, the general average, despite the fact that it is not the subject of any international agreement, occupies a prominent place in the internal legal systems of maritime states, and the international community continues to show great interest in it, regularly changing the principles of accounting established in the second half of the 19th century in York and Antwerp. During the work on the draft of the new Polish Maritime Code, the Maritime Law Codification Commission made some changes in the regulations concerning the general average, adapting the provisions of Polish law to new solutions proposed by participants of international maritime trade and non-governmental organizations, including Comité Maritime International.
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.
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.
In the 21st century ageism is becoming the most widely spread phenomenon. It has become so extensive that presently many more seniors in Europe are exposed to ageism than other people to sexism or racism. Contrary to other vulnerable groups, the elderly do not enjoy any binding instrument that could protect them and their dignity against ageism in the same way that women and racial groups are protected against sexism and racism. Unfortunately, the UN General Assembly resolution, supposed to be a first step to drawing up such a convention, was adopted with a significant number of abstentions, leaving the fate of a potential treaty on the rights of the elderly uncertain. On the other hand, in 2014 the Committee of Ministers of the Council of Europe adopted a new recommendation, and in June 2015 members of the Organisation of American States adopted a treaty protecting the elder’s rights. Taking into account these new circumstances, the idea underlying this article is to investigate the ability of international instruments to limit ageism and protect older persons’ dignity, as well as to indicate existing gaps.
The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise respect of these foundational principles after accession. This gap needs to be filled, since history proved that EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Against this background this article assesses the need and possibilities for the establishment of an EU Scoreboard on EU values; viable strategies and procedures to regularly monitor all Member States’ compliance with the rule of law on an equal and objective basis; and the nature of effective and dissuasive sanction mechanisms foreseen for rule of law violators.
An axially symmetric, gravity driven, steady flow of a grounded polar ice sheet with a prescribed temperature field is considered. The ice is treated as an incompressible, non-linearly viscous, anisotropic fluid, the internal structure (fabric) of which evolves as ice descends from the free surface to depth in an ice sheet. The evolution of the ice fabric is described by an orthotropic constitutive law which relates the deviatoric stress to the strain-rate, strain, and three structure tensors based on the current (rotating) principal stretch axes. The solution of the problem is constructed as a leading-order approximation derived from asymptotic expansions in a small parameter that reflects the small ratio of stress and velocity gradients in the lateral direction of the ice sheet to those in the thickness direction. Numerical simulations of the flow problem have been carried out for various sets of rheological parameters defining the limit strength of the anisotropic fabric in ice. The results of calculations illustrate the influence of the ice anisotropy, basal melt conditions and temperature field in ice on the glacier thickness and lateral span, and on the depth profiles of the flow velocity.
Transmission of the electric power is accompanied with generation of low –frequency electromagnetic fields. Electromagnetic compatibility studies require that the fields from sources of electric power be well known. Unfortunately, many of these sources are not defined to the desired degree of accuracy. This applies e.g. to the case of the twisted-wire pair used in telephone communication; already practiced is twisting of insulated high-voltage three phase power cables and single-phase distribution cables as well. The paper presents a theoretical study of the calculation of magnetic fields in vicinity of conductors having helical structure. For the helical conductor with finite length the method is based on the Biot-Savart law. Since the lay-out of the cables is much more similar to a broken line than to strait line, in the paper the magnetic flux densities produced by helical conductor of complex geometry are also derived. The analytical formulas for calculating the 3D magnetic field can be used by a software tool to model the magnetic fields generated by e.g. twisted wires, helical coils, etc.
This research presents the novel control strategy of the brushless DC motor. The optimal current driver is designed using Linear Quadratic Regulator and feedback linearization. Additionally, the current reshaping strategy is applied to control the motor torque. Thus, the torque controller is built based on the optimal current driver. The motor is simulated using the FEM analysis.
The paper considers a private ownership economy in which economic agents could realize their aims at given prices, Walras Law is satisfied but agents’ optimal plans of action do not lead to an equilibrium in the economy. It means that the market clearing condition is not satisfied for agents’ optimal plans of action. In this context, the paper puts forward three specific adjustment processes resulting in equilibrium in a transformation of the initial economy. Specifically, it is shown, by the use of strict mathematical reasoning, that if there is no equilibrium in a private ownership economy at given prices, then, under some natural economic assumptions, after a mild evolution of the production sector, equilibrium at unchanged prices can be achieved.
The present work aims at studying the effects of orientation, size, position, and the combination of multiple internal diathermal obstructions in a fluid-saturated square porous enclosure, generally encountered in thermal insulations. The overall objective is to suppress the natural convection fluid flow and heat transfer across a differentially heated porous enclosure. To serve this purpose, multiple diathermal obstructions are employed to mechanically protrude into a porous medium. It is sought to estimate the effect of various types of orientation, clustering and alternate positioning of obstructions by considering number of obstructions (Np), length of obstructions (λ), modified Rayleigh number (Ra*) on local and average Nusselt number (Nu). The Darcy model for porous media is solved using Finite difference method along with Successive Accelerated Replacement scheme. One of the findings is that the value of the Nusselt number decreases by increasing both, the number of obstructions as well as the length of obstructions irrespective of its orientation and positioning. The reduction in Nusselt number is significant with obstructions attached on lower half of the hot wall and/or on upper half of cold wall. In addition, the overall reduction in Nusselt number is slightly greater with obstructions attached explicitly to the cold wall.
This article analyses the relationship between the Court of Justice and other international jurisdictions. In particular, it addresses the following question: To what extent is the Court of Justice ready to accept that some aspects of EU law are subject to the jurisdiction of an international body? The answer to this question requires analysis of the precise scope of the principle of autonomy of EU law as this principle could potentially constitute grounds on the basis of which the Court of Justice excludes the transfer of judicial competences to external bodies. For this reason, the article refers to the most important decisions in the field: Opinions 1/91 and 1/92, Opinion 1/09, Opinion 2/13, judgment in C-146/13 Spain v. Parliament and Council and judgment in C-284/14 Achmea. It also discusses the consequences of the application of Article 344 TFEU.
This article analyses the amendments of January 2018 to the Act on the Institute of National Remembrance (INR) of 1998, which has raised doubts in light of in ternational law and provoked diplomatic tensions between Poland on one side and Germany, Ukraine, United States of America and Israel on the other. The INR is a national in stitution whose role is, among others, to prosecute perpetrators of in ternational crimes committed between 1917-1990. The article proves that the wording of the amendments is in consistent with in ternational law, as it ignores the principles of in ternational responsibility, definitions of in ternational crimes, and disproportionately limits freedom of expression. In consequence, it cannot be expected that third states will cooperate with Poland in the execution of responsibility for violation of the newly adopted norms.
The article presents probable consequences for the protection of deposits and other mining needs, related to the entry into force of the Act of July 5, 2018 on the Facilitation of the Preparation and Implementation of Housing Investments and Accompanying Investments. This act introduces facilities for the preparation and implementation of housing as well as related projects, including the possibility of introducing investments incompatible with the existing local plans. In addition, it does so in a situation where land reserves for housing development, both in local plans and in studies of conditions and directions of spatial development, many times exceed the future needs of our country. The article presents the fundamental changes introduced by the Act to the existing planning and spatial planning system, as well as the risks associated with the mining industry. Among the latter, the following can be mentioned: lower stability of local law regulations, the possibility of resolving changes in spatial development at a very fast pace, without providing an effective way to inform subjects that may be threatened by these changes and increase the probability of the appearance of investments in the area of mining, the neighborhood of which may lead to limit or even liquidate these installations, due to even their disadvantages to housing. Some remedies have been proposed to mitigate some of the threats in the article. The Act in question was prepared and passed at an express pace, with a large opposition from many environments. At the same time, a number of legal solutions were applied in it, which were not applied in the Polish law. As a result, there are many doubts about the effects of its introduction.
The article discusses the concentration of Martin Luther’s theology on the Christian existence. There are three main areas pointing to this key idea. Firstly, the description of justification of the people in the categories of freedom gained through the experience of faith, which leads to a thankful service towards one’s neighbour. Secondly, sacramental understanding of the working of God’s Word as a performative that changes the world. It defines not only the understanding of the sacraments, with the key role of Baptism as a foundation for everyday actualisation of Christian life in penance, which strives for fighting off the sinfulness of an old, sinful man, and leads to building the man’s own justice based on the alien justice of Christ, but it is also the basis for the communion of believers – the church, as well as for the orders of creation, which structure the current reality. Thirdly, the remarks on theological knowledge closed in the triad prayer–meditation–temptation and theological weight of the experience of differentiating between the Law and the Gospel.
The article provides the external indications (both international and domestic) showing how important creating an appropriate mineral policy of the country is, especially in the context of mineral security. The current mandatory legal regulations referring to mineral policy and mineral security of the country were presented and discussed against this background, starting with provisions of the Constitution of the Republic of Poland, through the Strategy for Sustainable Development, Spatial Management Concept of the Country 2030 together with Action Plan, Strategy for Energy Security and Environment – 2020 perspective, Geological and Mining Law and other legal acts and implementing provisions, Action Plan “Raw Materials for the Industry” announced by the Minister of Development, the Concept for Mineral Policy presented by the Government Plenipotentiary for the Mineral Policy, and finally – project of the Urban and Building Code in the area of spatial development. In the case of documents being in the course of the proceedings, the current state of working on them is presented, also in the context of particular projected legal solutions for future regulations. The author indicates and justifies the need of accelerating the work and taking actions to prevent the currently appearing phenomena that may impede the execution of the raw materials policy and the protection of key raw materials in the future.
The subject of this article is an analysis of the earliest of Karl Marx’s articles, Comments on the Latest Prussian Censorship Instruction. The essence of his views presented in that article was to protest against the restriction of the right to free expression of opinions by journalists. Marx pointed out that the new Prussian Censorship Instruction only seemed to liberalize censorship, but in fact in many aspects tightened the rules, for example, reinforced those that pertained to religious criticism. He thought that the Prussian Censorship Instruction was not an enactment of law, because by limiting freedom, lawmakers acted against the essence of the press, law and state. Marx thought that a press law was needed to guarantee freedom of the press and that censorship should be abolished entirely.
The article is a part of materials regarding current problems of Polish science and higher education. It provides an in-depth analysis of the Act on degrees and academic titles as well as several other laws which introduce the so-called Ph.D. implementation in Poland. These laws were adopted by the Sejm of the Republic of Poland in April 2017. The author focuses on several problems, discussing them in separate chapters. The article also tries to predict the far-reaching results of the new rules. At the same time, the author proposes specific solutions that should be included in the future in the Act on degrees and academic titles, or in the Act of industrial property. They should eliminate the negative effects of conflicts between the provisions of various legal acts.
2018 amendment of the act on the Polish Institute of National Remembrance that was passed by the Polish Sejm in January 2018 raised a vibrant public debate about Polish-Jewish relations. In this article, we try to trace the dynamics of this debate and assess its consequences for contemporary Polish-Jewish relations and present-day representations of the relations between Poles and Jews during the German occupation in 1939–1945. To this end, we present the analysis of social media content, data from search engines, as well as the results of two nationwide polls conducted at the beginning of 2018. These studies indicate that the debate on amendment of the Act on the Institute of National Remembrance has increased the expression of antisemitic prejudice in the media and on the internet, increased the presence of defective codes of memory, and at the same time polarized the Polish debate about the behavior of Poles during the Holocaust. The results of these analyzes are discussed in the context of earlier debates on the Polish-Jewish relations during Nazi occupation, referring to the category of “secondary antisemitism” that receives growing support in current social sciences.
Until 1914 editors of Gazeta Gdańska were taken to court on thirty occasions and were sentenced to a total of RM 2,430 in fines and eight months and three weeks of imprisonment. Of the fifteen editors taken to court, Józef Konstanty Palędzki i Stanisław Wentowski came out with most convictions.
The events that took place on April 10,2010 on the Gulf of Mexico began an international debate on minimizing and materializing the risk of dangerous occurrences and accidents during the exploitation of offshore energy resources. In the aftermath of this event to ensure safe operation in European maritime areas, the European Union decided to introduce regulations throughout the entire EU. On June 12, 2013, Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC was issued. The main aim of the Directive is to reduce the occurrence of major accidents relating to offshore oil and gas operations and limits their consequences. The article is a review of provision of Directive 2013/30/UE with particular regard to requirements at the national level. What is more, the paper indicates solutions which must be introduced by July 19, 2018 in offshore companies. The incorporated solutions must include the protection of the marine environment against pollutions (especially oil spills), establish minimum conditions for safe offshore exploration and the production of oil and gas and improve the response mechanism in the eventof an accident. The paper also presents accidents which take place in oil and gas fields which are a background of necessary improvements of safety during offshore operations.
There is a growing interest in new transportation routes that combine benefits of shorter distances, cost-effective transits and routes not troubled by maritime security concerns. The Northwest Passage offers a package of routes through the Canadian maritime zone; it is 9,000 km shorter than the Panama Canal route and 17,000 km shorter than the Cape Horn route. The Northern Sea Route shortens a Hamburg-Yokohama voyage by 4,800 miles, in comparison with the Suez Canal route. The transpolar route, if it materializes with an ice-free Central Arctic Ocean route, would shorten distances even further. Given the increase in regional and international navigation and shipping in the region, it is therefore not surprising that in recent years Arctic States and international bodies focused on the needs of enhanced safety and environmental standards for polar shipping. In addition to the dedicated domestic polar shipping regulation, primarily in Canada and the Russian Federation, the Arctic Council and International Maritime Organization (IMO) have launched important initiatives. The most important is establishing of international rules for ships operating in polar waters – The Polar Code.