Adam Mickiewicz University Law Review
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The Invalidity of International Treaties and Jus Cogens
Get PDFThe paper is an English translation of Nieważność umów międzynarodowych by Jan Sandorski, published originally in Polish in 1978. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.The paper is an English translation of Nieważność umów międzynarodowych by Jan Sandorski, published originally in Polish in 1978. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law
The Significance of the Legislative Resolutions of International Organizations for the Development of International Law
Get PDFThe paper is an English translation of Uchwały prawotwórcze organizacji międzynarodowych: przegląd zagadnień i analiza wstępna by Krzysztof Skubiszewski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1965. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studieson international law.The paper is an English translation of Uchwały prawotwórcze organizacji międzynarodowych: przegląd zagadnień i analiza wstępna by Krzysztof Skubiszewski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1965. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studieson international law
The Convention for the Protection of Human Rights and Fundamental Freedoms as an International Treaty and a Source of Individual Rights
Get PDFThe aim of this paper is to present the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms as a special treaty under international human rights law. The article focuses on the twofold nature of the Convention. First, it presents the Convention as an international treaty, and thus as a source of specific obligations of states-parties. Second, it presents the Convention as the source of fundamental individual human rights. The article also discusses the role of ECtHR case law in the context of fundamental individual human rights.The aim of this paper is to present the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms as a special treaty under international human rights law. The article focuses on the twofold nature of the Convention. First, it presents the Convention as an international treaty, and thus as a source of specific obligations of states-parties. Second, it presents the Convention as the source of fundamental individual human rights. The article also discusses the role of ECtHR case law in the context of fundamental individual human rights
Reflections on the Context of Public Law and Private Law on the Example of the Decision to Permit a Road Investment
No full textThe article aims to show the next points of contact between public law and private law by presenting the civil and administrative legal effects of the decision on the permit for the implementation of a road investment (including its amendment and repeal), referred to in the Act of April 10, 2003, on special rules for the preparation of and implementation of investments in the field of public roads. The reason for the author to analyze the topic was the fact that the author has noticed the increasingly stronger interpenetration of the areas of public law and private law and problems encountered in legal practice. The article is a synthesis of the civil and administrative legal consequences – sometimes unintentional – of issuing and changing the decision on the permit for the implementation of a road investment, which have their source in the unilateral, imperative action of a competent public administration body. It is also another voice in the discussion on the advisability of the classic division into the two oldest branches of law.The article aims to show the next points of contact between public law and private law by presenting the civil and administrative legal effects of the decision on the permit for the implementation of a road investment (including its amendment and repeal), referred to in the Act of April 10, 2003, on special rules for the preparation of and implementation of investments in the field of public roads. The reason for the author to analyze the topic was the fact that the author has noticed the increasingly stronger interpenetration of the areas of public law and private law and problems encountered in legal practice. The article is a synthesis of the civil and administrative legal consequences – sometimes unintentional – of issuing and changing the decision on the permit for the implementation of a road investment, which have their source in the unilateral, imperative action of a competent public administration body. It is also another voice in the discussion on the advisability of the classic division into the two oldest branches of law
The Institution of Full Powers in the Process of Concluding International Agreements
Get PDFThis paper addresses issues related to the institution of full powers in the process of concluding international agreements. The author makes an analysis of the historical evolution of the institution of full powers and discusses the essential elements of the full powers instrument with regard to the representation of the state and international organizations, taking into account current international law regulations. In this regard, the author also refers to international practice and, based on a review of the scholarly literature, attempts to classify full powers.This paper addresses issues related to the institution of full powers in the process of concluding international agreements. The author makes an analysis of the historical evolution of the institution of full powers and discusses the essential elements of the full powers instrument with regard to the representation of the state and international organizations, taking into account current international law regulations. In this regard, the author also refers to international practice and, based on a review of the scholarly literature, attempts to classify full powers
The Forms of Recognition of State Borders After World War II (With Particular Focus on the Arrangements Pertaining to the Polish-German Border)
Get PDFThe paper is an English translation of Forma uznania granic państwowych po drugiej wojnie światowej, by Alfons Klafkowski, published originally in Polish in „Życie i Myśl” in 1964. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law
An Examination of Multinational Corporations’ Accountability in the Light of Switzerland’s Failed Responsible Business Initiative in the Covid-19 Pandemic Era
Get PDFThis article examines the efforts made so far in holding multinational corporations (MNCs) liable for human rights and environmental violations in the light of Switzerland’s failed referendum in November 2020, during the peak of the Covid-19 pandemic. It also looks at other international law instruments that have the potential to hold MNCs accountable. While these other laws have failed to achieve the desired result of holding MNCs accountable, the referendum, if it had succeeded, would have triggered a binding vote on a constitutional amendment to introduce compulsory human rights due diligence for companies incorporated in Switzerland, the first of its kind in Europe. The consequencewould have been that victims of Swiss MNCs’ violations would have had the right to bring claims in Switzerland against a defaulting Swiss MNC. Unfortunately, the referendum failed, and to some extent the Covid-19 pandemic negatively affected the referendum outcome, because it was greatly politicised. It became a lost opportunity on what would have been “one small step for [Switzerland], one giant leap for the [international community]”.This article examines the efforts made so far in holding multinational corporations (MNCs) liable for human rights and environmental violations in the light of Switzerland’s failed referendum in November 2020, during the peak of the Covid-19 pandemic. It also looks at other international law instruments that have the potential to hold MNCs accountable. While these other laws have failed to achieve the desired result of holding MNCs accountable, the referendum, if it had succeeded, would have triggered a binding vote on a constitutional amendment to introduce compulsory human rights due diligence for companies incorporated in Switzerland, the first of its kind in Europe. The consequencewould have been that victims of Swiss MNCs’ violations would have had the right to bring claims in Switzerland against a defaulting Swiss MNC. Unfortunately, the referendum failed, and to some extent the Covid-19 pandemic negatively affected the referendum outcome, because it was greatly politicised. It became a lost opportunity on what would have been “one small step for [Switzerland], one giant leap for the [international community]”
State Borders in the Light of International Public Law. An Outline of the Issues
Get PDFApportionment of authority among states in the space is one of the fundamental function of public international law and aim of that serves state borders institution. State borders are define as a line or surface separating state territories in land, martime and airspace. However exist different kind of borders that their establish in space bases on delimitation and demarcation. As long as do not give rise controversy establish land and maritime borders, while in spite of lack border determine in air space accept that sit height about 100–150 km. To sum up in the light of public international law exists and significant border is submit of principle of territorial integrity of states at the same time by their establish essential role plays crucial role effectiveness in carry out control of territory and borders. Therefore the principle of territorial integrity of States and effectiveness control over territory defines essence and role of state border.Apportionment of authority among states in the space is one of the fundamental function of public international law and aim of that serves state borders institution. State borders are define as a line or surface separating state territories in land, martime and airspace. However exist different kind of borders that their establish in space bases on delimitation and demarcation. As long as do not give rise controversy establish land and maritime borders, while in spite of lack border determine in air space accept that sit height about 100–150 km. To sum up in the light of public international law exists and significant border is submit of principle of territorial integrity of states at the same time by their establish essential role plays crucial role effectiveness in carry out control of territory and borders. Therefore the principle of territorial integrity of States and effectiveness control over territory defines essence and role of state border
