Adam Mickiewicz University Law Review
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Criminal Liability for Crimes Against Humanity as a Problem of International Law
Get PDFThe article sets out the nature, the history and the general structure of the crime against humanity and provides a comprehensive analytical commentary of the elements of such crimes as a problem of international law. The contextual element determines that crimes against humanity involve either large-scale violence in relation to the number of victims or its extension over a broad geographic area (widespread), or a methodical type of violence (systematic). This excludes random, accidental or isolated acts of violence. In addition, Article 7(2) (a) of the Rome Statute determines that crimes against humanity must be committed in furtherance of a State or organizational policy to commit an attack. The plan or policy does not need to be explicitly stipulated or formally adopted and can, therefore, be inferred from the totality of the circumstances. In contrast with genocide, crimes against humanity do not need to target a specific group. Instead, the victim of the attack can be any civilian population, regardless of its affiliation or identity.The article sets out the nature, the history and the general structure of the crime against humanity and provides a comprehensive analytical commentary of the elements of such crimes as a problem of international law. The contextual element determines that crimes against humanity involve either large-scale violence in relation to the number of victims or its extension over a broad geographic area (widespread), or a methodical type of violence (systematic). This excludes random, accidental or isolated acts of violence. In addition, Article 7(2) (a) of the Rome Statute determines that crimes against humanity must be committed in furtherance of a State or organizational policy to commit an attack. The plan or policy does not need to be explicitly stipulated or formally adopted and can, therefore, be inferred from the totality of the circumstances. In contrast with genocide, crimes against humanity do not need to target a specific group. Instead, the victim of the attack can be any civilian population, regardless of its affiliation or identity
The Statute and the Judge
Get PDFThe paper is an English translation of Prąd nowy w prawoznawstwie. Ustawa a sędzia by Antoni Peretiatkowicz, published originally in Pol-ish in 1916. 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
On the Definitions of Administrative Law
Get PDFThe paper is an English translation of Z zagadnień definicji prawa administracyjnego by Marian Zimmermann published originally in Polish in “Acta Universitatis Wratislaviensis” in 1964. 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 Use of the “Dry Submarine” Technique and Other Allegations in Proceedings Before the United Nations Committee on Enforced Disappearaances. Remarks on the Yrusta v. Argentina case no. 1/2013
Get PDFThe prohibition on enforced disappearances is one of the fundamental norms of con-temporary international law which is intended to protect the individual from state re-pression. Under certain circumstances, a violation of the prohibition is recognized as a crime of international law. There are no exceptions to the implementation of the norm. Since the prohibition is a treaty, States must expressly agree to be bound by it. Not all States have done this, but some have, including Argentina. Despite this, Roberto Agustín Yrusta disappeared. His enforced disappearance was preceded by numerous and elaborate forms of evil, cruel and humiliating treatment. This paper seeks to answer the question of how international law can ensure effective enforcement of the prohibition on enforced disappearance
Lex and Ius in the Period of Transformation
Get PDFThe paper is an English translation of “Lex” a “ius” w okresie przemian by Zygmunt Ziembiński published originally in Polish in “Państwo i prawo” in 1991. 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 achieve-ments of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
Theory versus History of Social Economy
Get PDFThe paper is an English translation of Teoria a historia gospodarstwa społecznego by Edward Taylor published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1962. 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
Legal Protection of Property Rights in the Self-Regulating United States Local Recording System
Get PDFIn all legal systems with private property, the government provides a mechanism for owners and lenders to make a public record of their rights. In most countries, the gov-ernment restricts access to this public record and allows entries into it only after a public official approves it. By contrast, no government entity in the United States regulates, confirms, or guarantees the typical real estate ownership transfer. How this works is not readily understood even within the United States, where owners and lenders rely on attorneys and other professionals to examine and understand the public record and to record instruments that protect their clients’ property rights. This article describes the laws and legal customs that underlie this self-regulating system, including how they dif-fer fundamentally from land registration in other countries, and the emerging challenges to its reliability
Speculum Saxonum and Ius Municpale as Sources of Law in the Works of Tucholczyk
Get PDFThe paper is an English translation of Speculum Saxonum i Ius munici-pale jako źródła prawa w dziełach Tucholczyka by Władysław Bojarski, published originally in Polish in “Annales Universtitatis Nicoli Coper-nici. Prawo” in 1987. 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
Responsibility for Currency in an Occupied Territory
Get PDFThe paper is an English translation of the chapter Odpowiedzialność za pieniądz na terytorium okupowanym from Pieniądz na terytorium okupowanym. Studium prawnomiędzynarodowe ze szczególnym uwzględnieniem praktyki niemieckiej by Krzysztof Skubiszewski published originally in Polish by Instytut Zachodni Publishing House in 1960. 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
A Few Remarks on the Theory of Finance
Get PDFThe paper is an English translation of Parę uwag wokół teorii finansów by Jan Zdzitowiecki published originally in Polish in “Ruch Prawniczy Ekonomiczny i Socjologiczny” in 1972. 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