Adam Mickiewicz University Law Review
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Critical Remarks on Roman Law in the Prussian Correction
Get PDFThe paper is an English translation of O prawie rzymskim w korekturze pruskiej. Uwagi krytyczne by Zygmunt Lisowski, published originally in Polish in “Czasopismo Prawno–Historyczne” in 1954. The text is pub-lished as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administra-tion” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
Autonomous Vehicles – a New Challenge to Human Rights?
Get PDFNew technologies, as autonomous vehicles are, disrupt the way people exist, and con-sequently with human rights. Research devoted to artificial intelligence and robotics moves freely and the destination, for the time being, is unknown. This is the reason why special attention should be paid to the ethics of these branches of computer science in order to prevent the creation of a crisis point, when human beings are no longer neces-sary.. The aim of this paper is to examine whether such development is a new challenge to human rights law and what happens when an autonomous vehicle drives an autono-mous human being. The paper also mentions the desirable level of human control over the machine so that human dignity, from which human rights originate, is preserved
Crimea and Liability of Russia and Ukraine under the European Convention on the Protection of Human Rights
Get PDFThe aim of this article is to present the liability of Russia and Ukraine regarding Crimea under the European Convention on the Protection of Human Rights. The author analyzes pending and possible prospective cases originating from the conflict around Crimea between Ukraine and Russia. Due to the inconsistency in case law of the EC-tHR it is difficult to clearly determine what state will be considered responsible for the violation of the rights of residents of Crimea resulting from the Convention. In author’s opinion the ECtHR could determine that the Russian Federation may be held respon-sible, as well as Ukraine. However, as it seems, the liability of Ukraine will be limited to the positive obligations under the ECHR
The Issues of Secession in the Process of the Rise and Fall of States in the Light of International Law
Get PDFThe aims of this contribution is to check the validity of the old theory, which goes back to Jellinek but is still dominant, which states that secession as well as the process of forming a new state, fall under the scope of a “simple fact” and thereby escape through definition to any law of way. According to this theory, secession is not a question of “Law” but a question of pure fact, failure or success: if a secessionist movement succeeds in establishing a new effectiveness, that is to say, puts in place the “Constituent elements” of a state, a new state is born. It is interesting to observe that with the phenomenon of the rise or the collapse of States, from the global perspective of international order and especially from the point of view of international law, the States concerned are, in practice, not simply left to their fate. On the contrary, the rise or the collapse of a State anywhere in the world is seen as a matter of concern for the international community, since the international system as a whole is felt to be affected. In such cases, international reactions have not been manifested primarily through the States as such, either indi-vidually or together. Basically, these reactions had to cope with the dilemma of choos-ing between two fundamental principles of legitimacy in international law: on the one hand, the sovereignty and equality of States and, on the other, the right of peoples to self-determination
The Protection of Whistle-blowers within the Latest Initiatives of the Council of Europe
Get PDFThe protection of whistle-blowers under the Article 10 of ECHR has faced a lot of com-plex problems, which had been a result from the implications of ICT`s development and change of the media environment. The COE is involved in a worldwide debate about changes taking places in a contemporary legal system in the context of the protection of human rights. Therefore, the review of the latest legal initiatives (resolutions, recommendations, etc.) as well as other activities in the field concerned might be helpful to put the question-able issues.As the article is of the introductory character, further analysis is required. Within the human rights approach, it should concern, in particular the legal status of the whistle-blower and the issues, pertaining to legal and alternative ways of her/his protection
The Evolution of General Administrative Proceedings
Get PDFThe paper is an English translation of Rozwój ogólnego postępowania administracyjnego by Zbigniew Janowicz published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1970. The text is published as a part of a jubiliee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
Global Space Security and Counter-space Capabilities: the Legal and Political Challenges
Get PDFThis article undertakes a very sensitive issue: space security and counterspace capabilities and arms control. Those issues come under the sovereignty of each state and are strictly connected to national defense and policy. Counterspace, also known as space control, is the set of capabilities or techniques that are used to gain space superiority. Space superi-ority is the ability to use space for one`s own purposes while denying it to an adversary. These issues are so important now in the era of fast-growing state activities in space and under such a big dependence on space. Anti-satellite weapons (ASAT) are a subset of offensive counterspace capabilities, although the satellite itself is only one part of the system that can be attacked. That is the reason why protecting space infrastructure, in the absence of stabilized international space control cooperation and difficulties in reaching an agreement on PPWT treaty and lack of progress of international space law in this matter, is crucial by building the Space Situational Awareness system. Collaboration of states in this matter seems to be a priority
On “Rationality” in Criminal Law
Get PDFThe paper is an English translation of Rozważania o “racjonalności” w dziedzinie prawa karnego by Bogusław Janiszewski, published origi-nally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1996. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
The Potsdam Agreement as Reflected in Peace Treaties
Get PDFThe paper is an English translation of Umowa poczdamska a traktaty pokoju by Alfons Klafkowski, published originally in Polish in “Państwo i Prawo” in 1966. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań