Search results

Filters

  • Journals
  • Authors
  • Keywords
  • Date
  • Type

Search results

Number of results: 166
items per page: 25 50 75
Sort by:
Download PDF Download RIS Download Bibtex

Abstract

The text discusses Roger Scruton’s most important philosophical views. Scruton was a conservative whose world view was firmly grounded in the Anglo-Saxon philo-sophical tradition. At the same time, he was a man of versatile interests (aesthetics, music, architecture, ecology), which was reflected in his rich creativity. He was a critic of all leftist and liberal ideologies, so he rejected both the liberal meaning of freedom and socialist meaning of equality. He understood freedom as an element of social bonds and hierarchical order. His philosophy revolves around such categories as property, natural justice, common law and oikophilia, on which he bases his ecological project („green philosophy”). Scruton’s texts also contain elements of conservative political practice.

Go to article

Authors and Affiliations

Magdalena Środa
ORCID: ORCID
Download PDF Download RIS Download Bibtex

Abstract

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.
Go to article

Authors and Affiliations

Małgorzata Turczyk
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Izabela Skomerska-Muchowska
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Bartosz Rakoczy
Download PDF Download RIS Download Bibtex

Abstract

Human rights provide the rationale behind the functioning of the state, while at the same time imposing certain limits on its actions. How does Poland’s Constitution protect the rights of individuals, and what limitations come into play in the state–citizen relationship?
Go to article

Authors and Affiliations

Mirosław Wyrzykowski
1

  1. Faculty of Law and Administration, University of Warsaw
Download PDF Download RIS Download Bibtex

Abstract

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.
Go to article

Authors and Affiliations

Michał König
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Jacek Machowski
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Jacek Machowski
Download PDF Download RIS Download Bibtex

Abstract

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.
Go to article

Authors and Affiliations

Magdalena Silska
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Artur Kozłowski
Download PDF Download RIS Download Bibtex

Abstract

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.
Go to article

Authors and Affiliations

Grzegorz Wierczyński
Download PDF Download RIS Download Bibtex

Abstract

The paper presents the description of structure and the selected problems of the technical condition, as well as the strength analysis of the thin-walled reinforced concrete shell which has been making a covering of the main hall of the Gdynia Seaport Building through the last 80 years. The rectangle projection of four single curvature shells of the dome was shaped out of mutual perpendicular intersection of two cylindrical shells.

The analysis of the state of stress and deformations was carried out using the special model worked out in MES considering the combination of loads, the thermal ones included. For the long lasting loads (the deadweight of the dome), the computed results of static quantities were confronted with analytical results obtained according to F. Dischinger’s method. This method had been applied by the DYWIDAG Company in Berlin and its branch in Katowice (Poland) who designed the Gdynia Dome.

The computational analysis and the assessment of the technical state, along with laboratory pH tests of concrete, made it possible to carry out the overall evaluation of durability and safety of operation of the Gdynia Seaport Dome through the next decades.

Go to article

Authors and Affiliations

T. Godycki-Ćwirko
K. Nagrodzka-Godycka
P. Piotrkowski
Download PDF Download RIS Download Bibtex

Abstract

This article proposes that the current Vietnamese conflict of law rules for tort actions, which presently use the place of damages rule to determine the applicable law (meaning applying the law of the jurisdiction where the damage occurred), should be supplemented with additional conflicts of law rules in order to address the problems presented by specific tort actions such as environmental pollution, product liability, intellectual property rights, and violations of competition rules. It is proposed that for these specific torts, the place of damages rule needs to be either replaced by other connecting factors, such as the place of acting or the rule of closest connection, or it has to be made more concrete. In other types of torts, the rule has to be rebuttable by the foreseeability defense or has to give way to a ubiquity rule granting the plaintiff the choice between the laws of the place of damage and the laws of the place of acting.
Go to article

Authors and Affiliations

Luong Duc Doan
1
ORCID: ORCID
Trinh Thi Hong Nguyen
2
ORCID: ORCID

  1. Associate Professor of Law, School of Law, Hue University (Vietnam)
  2. PhD, lecturer, School of Law, Hue University (Vietnam)
Download PDF Download RIS Download Bibtex

Abstract

This commentary on the Court of Justice’s ruling in the Pawlak case concentrates on questions of the judicial application of EU law, in particular EU Directives. On the basis of the recent jurisprudence of the Court the authors present three issues: 1) the incidental effects of EU law for the procedural provisions of Member States; 2) the inability to rely on an EU directive by a member state’s authority in order to exclude the application of national provisions which are contrary to a directive; 3) the limits of the duty to interpret national law in conformity with EU law from the perspective of the Court of Justice and the referring court. Further, the article presents the judicial practice of the Polish Supreme Court, and in particular the follow-up decision of this Court not only taking into the account the ruling of the ECJ but also showing how the limitation of a conforming interpretation can be overcome in order to give full effect to EU law. In the authors’ view, this case is worth noting as an example of judicial dialogue in the EU.

Go to article

Authors and Affiliations

Dawid Miąsik
Monika Szwarc
Download PDF Download RIS Download Bibtex

Abstract

The perspective of the current analysis is to represent the incompressible viscous flow past a low permeable spheroid contained in a fictitious spheroidal cell. Stokes approximation and Darcy’s equation are adopted to govern the flow in the fluid and permeable zone, respectively. Happel’s and Kuwabara’s cell models are employed as the boundary conditions at the cell surface. At the fluid porous interface, we suppose the conditions of conservation of mass, balancing of pressure component at the permeable area with the normal stresses in the liquid area, and the slip condition, known as Beavers-Joseph-Saffman-Jones condition to be well suitable. A closed-form analytical expression for hydrodynamic drag on the bounded spheroidal particle is determined and therefore, mobility of the particle is also calculated, for both the case of a prolate as well as an oblate spheroid. Several graphs and tables are plotted to observe the dependence of normalized mobility on pertinent parameters including permeability, deformation, the volume fraction of the particle, slip parameter, and the aspect ratio. Significant results that influence the impact of the above parameters in the problem have been pointed out. Our work is validated by referring to previous results available in literature as reduction cases.
Go to article

Bibliography

[1] D.A. Nield and A. Bejan. Convection in Porous Media. Springer, New York, 2006.
[2] H.P.G. Darcy. Les Fontaines Publiques de la Ville de Dijon. Victor Delmont, Paris, 1856.
[3] H.C. Brinkman. A calculation of viscous force exerted by flowing fluid on dense swarm of particles. Applied Science Research, 1:27-34, 1949. doi: 10.1007/BF02120313.
[4] D.D. Joseph and L.N. Tao. The effect of permeability on the slow motion of a porous sphere. Journal of Applied Mathematics and Mechanics, 44(8-9):361-364, 1964. doi: 10.1002/zamm.19640440804.
[5] D.N. Sutherland and C.T. Tan. Sedimentation of a porous sphere. Chemical Engineering Science, 25(12):1948-1950, 1970. doi: 10.1016/0009-2509(70)87013-0.
[6] M.P. Singh and J.L. Gupta. The effect of permeability on the drag of a porous sphere in a uniform stream. Journal of Applied Mathematics and Mechanics, 51(1):27-32, 1971. doi: zamm.19710510103.
[7] I.P. Jones. Low Reynolds number flow past a porous spherical shell. Mathematical Proceedings of the Cambridge Philosophical Society, 73(1):231-238, 1973. doi: 10.1017/S0305004100047642.
[8] G. Neale, N. Epstein, and W. Nader. Creeping flow relative to permeable spheres. Chemical Engineering Science, 28(10):1865-1874, 1973. doi: 10.1016/0009-2509(73)85070-5.
[9] V.M. Shapovalov. Viscous fluid flow around a semipermeable particle. Journal of Applied Mechanics and Technical Physics, 50(4):584-588, 2009. doi: 10.1007/s10808-009-0079-x.
[10] G.S. Beavers and D.D. Joseph. Boundary conditions at a naturally permeable wall. Journal of Fluid Mechanics, 30(1):197-207, 1967. doi: 10.1017/S0022112067001375.
[11] P.G. Saffman. On the boundary condition at the surface of a porous medium. Studies in Applied Mathematics, 50(2):93-101, 1971. doi: 10.1002/sapm197150293.
[12] S. Khabthani, A. Sellier, and F. Feuillebois. Lubricating motion of a sphere towards a thin porous slab with Saffman slip condition. Journal of Fluid Mechanics, 867:949-968, 2019. doi: 10.1017/jfm.2019.169.
[13] M.C. Lai, M.C. Shiue, and K.C. Ong. A simple projection method for the coupled Navier-Stokes and Darcy flows. Computational Geosciences, 23:21-33, 2019. doi: 10.1007/s10596-018-9781-1.
[14] J. Happel and H. Brenner. Low Reynolds Number Hydrodynamics. Englewood Cliffs New Jork, Prentice-Hall, 1965.
[15] J. Happel. Viscous flow in multiparticle systems: slow motion of fluids relative to beds of spherical particles. American Institute of Chemical Engineers Journal, 4(2):197-201, 1958. doi: 10.1002/aic.690040214.
[16] S. Kuwabara. The forces experienced by randomly distributed parallel circular cylinders or spheres in a viscous flow at small Reynolds numbers. Journal of the Physical Society of Japan, 14(4):527-532,1959. doi: 10.1143/JPSJ.14.527.
[17] S.B. Chen and X. Ye. Boundary effect on slow motion of a composite sphere perpendicular to two parallel impermeable plates. Chemical Engineering Science, 55(13):2441-2453, 2000. doi: 10.1016/S0009-2509(99)00509-6.
[18] D. Srinivasacharya. Motion of a porous sphere in a spherical container. Comptes Rendus Mecanique, 333(8):612-616, 2005. doi: 10.1016/j.crme.2005.07.017.
[19] S.I. Vasin, A.N. Fillipov, and V.M. Starov. Hydrodynamic permeability of membranes built up by particles covered by porous shells: Cell models. Advances in Colloid Interface Science, 139(1-2):83-96, 2008. doi: 10.1016/j.cis.2008.01.005.
[20] P.K. Yadav, A. Tiwari, S. Deo, A. Filippov, and S. Vasin. Hydrodynamic permeability of membranes built up by spherical particles covered by porous shells: effect of stress jump condition. Acta Mechanica, 215:193-209, 2010. doi: 10.1007/s00707-010-0331-8.
[21] J. Prakash, G.P. Raja Sekhar, and M. Kohr. Stokes flow of an assemblage of porous particles: stress jump condition. Zeitschrift für angewandte Mathematik und Physik, 62:1027-1046, 2011. doi: 10.1007/s00033-011-0123-6.
[22] E.I. Saad. Stokes flow past an assemblage of axisymmetric porous spherical shell-in-cell models: effect of stress jump condition. Meccanica, 48:1747-1759, 2013. doi: 10.1007/s11012-013-9706-y.
[23] J. Prakash and G.P. Raja Sekhar. Estimation of the dynamic permeability of an assembly of permeable spherical porous particle using cell model. Journal of Engineering Mathematics, 80:63-73, 2013. doi: 10.1007/s10665-012-9580-y.
[24] M.K. Prasad and T. Bucha. Creeping flow of fluid sphere contained in a spherical envelope: magnetic effect. SN Applied Science, 1(12):1594, 2019. doi: 10.1007/s42452-019-1622-x.
[25] M.K. Prasad and T. Bucha. Magnetohydrodynamic creeping flow around a weakly permeable spherical particle in cell models. Pramana - Journal of Physics, 94(1):1-10, 2020. doi: 10.1007/s12043-019-1892-2.
[26] M.K. Prasad and T. Bucha. MHD viscous flow past a weakly permeable cylinder using Happel and Kuwabara cell models. Iranian Journal of Science and Technology Transaction A: Science, 44:1063-1073, 2020. doi: 10.1007/s40995-020-00894-4.
[27] D. Khanukaeva. Filtration of micropolar liquid through a membrane composed of spherical cells with porous layer. Theoretical and Computational Fluid Dynamics, 34(3):215-229, 2020. doi: 10.1007/s00162-020-00527-x.
[28] M.K. Prasad. Boundary effects of a nonconcentric semipermeable sphere using Happel and Kuwabara cell models. Applied and Computational Mechanics, 15:1-12, 2021. doi: 10.24132/acm.2021.620.
[29] G.G. Stokes. On the effect of the internal friction of fluids on the motion of pendulums. Proceedings of Cambridge Philosophical Society, 9:8-106, 1851.
[30] C.R. Reddy and N. Kishore. Momentum and heat transfer phenomena of confined spheroid particles in power-law liquids, Industrial and Engineering Chemical Research, 53(2):989-998, 2014. doi: 10.1021/ie4032428.
[31] A. Acrivos and T.D. Taylor. The Stokes flow past an arbitrary particle: the slightly deformed sphere. Chemical Engineering Science, 19(7):445-451, 1964. doi: 10.1016/0009-2509(64)85071-5.
[32] H. Ramkissoon. Stokes flow past a slightly deformed fluid sphere, Journal of Applied Mathematics and Physics, 37:859-866, 1986. doi: 10.1007/BF00953677.
[33] D. Palaniappan. Creeping flow about a slightly deformed sphere. Zeitschrift für angewandte Mathematik und Physik, 45:832-838, 1994. doi: 10.1007/BF00942756.
[34] G. Dassios, M. Hadjinicolaou, F.A. Coutelieris, and A.C. Payatakes. Stokes flow in spheroidal particle-in-cell models with Happel and Kuwabara boundary conditions. International Journal of Engineering Science, 33(10):1465-1490, 1995. doi: 10.1016/0020-7225(95)00010-U.
[35] H. Ramkissoon. Slip flow past an approximate spheroid. Acta Mechanica, 123:227-233, 1997. doi: 10.1007/BF01178412.
[36] T. Zlatanovski. Axi-symmetric creeping flow past a porous prolate spheroidal particle using the Brinkman model. The Quarterly Journal of Mechanics and Applied Mathematics, 52(1):111-126, 1999. doi: 10.1093/qjmam/52.1.111.
[37] S. Deo and S. Datta. Slip flow past a prolate spheroid. Indian Journal of Pure and Applied Mathematics, 33(6):903-909, 2002.
[38] P. Vainshtein, M. Shapiro, and C. Gutfinger. Creeping flow past and within a permeable spheroid. International Journal of Multiphase Flow, 28(12):1945-1963, 2002. doi: 10.1016/S0301-9322(02)00106-4.
[39] H. Ramkissoon and K. Rahaman. Wall effects on a spherical particle. International Journal of Engineering Science, 41(3-5), 283-290, 2003. doi: 10.1016/S0020-7225(02)00209-4.
[40] S. Senchenko and H.J. Keh. Slipping Stokes flow around a slightly deformed sphere. Physics of Fluids, 18(8):088104, 2006. doi: 10.1063/1.2337666.
[41] D. Srinivasacharya. Flow past a porous approximate spherical shell, Zeitschrift für angewandte Mathematik und Physik, 58, 646-658, 2007. doi: 10.1007/s00033-006-6003-9.
[42] Y.C. Chang and H.J. Keh. Translation and rotation of slightly deformed colloidal spheres experiencing slip. Journal of Colloid and Interface Science, 330:201-210, 2009. doi: 10.1016/j.jcis.2008.10.055.
[43] E.I. Saad. Translation and rotation of a porous spheroid in a spheroidal container. Canadian Journal of Physics, 88(9):689-700, 2010. doi: 10.1139/P10-040.
[44] E.I. Saad. Stokes flow past an assemblage of axisymmetric porous spheroidal particle in cell models. Journal of Porous Media, 15(9):849-866, 2012. doi: /10.1615/JPorMedia.v15.i9.40.
[45] D. Srinivasacharya and M.K. Prasad. Axisymmetric creeping motion of a porous approximate sphere with an impermeable core. The European Physics Journal Plus, 128(1):9, 2013. doi: 10.1140/epjp/i2013-13009-1.
[46] D. Srinivasacharya and M.K. Prasad. Creeping motion of a porous approximate sphere with an impermeable core in a spherical container. European Journal of Mechanics - B/Fluids, 36:104-114, 2012. doi: 10.1016/j.euromechflu.2012.04.001.
[47] D. Srinivasacharya and M.K. Prasad. Axisymmetric motion of a porous approximate sphere in an approximate spherical container. Archive of Mechanics, 65(6):485-509, 2013.
[48] K.P. Chen. Fluid extraction from porous media by a slender permeable prolate-spheroid. Extreme Mechanics Letter, 4:124-130, 2015. doi: 10.1016/j.eml.2015.06.001.
[49] M. Rasoulzadeh and F.J. Kuchuk. Effective permeability of a porous medium with spherical and spheroidal vug and fracture inclusions. Transport in Porous Media, 116:613-644, 2017. doi: 10.1007/s11242-016-0792-x.
[50] P.K. Yadav, A. Tiwari, and P. Singh. Hydrodynamic permeability of a membrane built up by spheroidal particles covered by porous layer. Acta Mechanica, 229:1869-1892, 2018. doi: 10.1007/s00707-017-2054-6.
[51] M.K. Prasad and T. Bucha. Steady viscous flow around a permeable spheroidal particle. International Journal of Applied and Computational Mathematics, 5:109, 2019. doi: 10.1007/s00707-017-2054-6.
[52] M.K. Prasad and T. Bucha. Effect of magnetic field on the slow motion of a porous spheroid: Brinkman's model. Archive of Applied Mechanics, 91:1739-1755, 2021. doi: 10.1007/s00419-020-01852-7.
[53] J.D. Sherwood. Cell models for suspension viscosity. Chemical Engineering Science, 61(10):6727-6731, 2006. doi: 10.1016/j.ces.2006.07.016.
[54] A. Tiwari, P.K. Yadav, and P. Singh. Stokes flow through assemblage of non homogeneous porous cylindrical particle using cell model technique. National Academy of Science Letters, 41(1):53-57, 2018. doi: 10.1007/s40009-017-0605-y.
[55] H.H. Sherief, M.S. Faltas, and E.I. Saad. Slip at the surface of an oscillating spheroidal particle in a micropolar fluid. ANZIAM Journal, 55(E):E1-E50, 2013. doi: 10.21914/anziamj.v55i0.6813.
Go to article

Authors and Affiliations

Tina Bucha
1
ORCID: ORCID
Madasu Krishna Prasad
2
ORCID: ORCID

  1. Department of Mathematics, National Institute of Technology, Raipur, Chhattisgarh, India
  2. Department of Mathematics, National Institute of Technology, Raipur-492010, Chhattisgarh, India
Download PDF Download RIS Download Bibtex

Abstract

Different social and professional groups have different perspectives on space and spatial planning, which is in turn reflected in their differing understanding of the law and differing approach to regulations that shape the spatial order.
Go to article

Authors and Affiliations

Maciej J. Nowak
1

  1. West Pomeranian University of Technology, Szczecin
Download PDF Download RIS Download Bibtex

Abstract

The author is an employee of the City Spatial Planning Office of Kraków and describes the process of adopting Local Spatial Management Plans of the area in Krakow, which was inscribed on the UNESCO World Heritage List. The description begins in 2003 with no Local Spatial Managements Plans in valid, and ends in 2020, when the UNESCO area is completely protected by local spatial plans, however 50% of the buffer zone stays without any spatial law protection. The article focused on the authors of Local Plans, who — on behalf of the Mayor of the City of Krakow — drawn up the spatial documents. The documentation of this aspect is tremendously important, after deregulation of the profession of urban planners.
Go to article

Authors and Affiliations

Marceli Łasocha
1

  1. Spatial Planning Office of Krakow
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Jacek Machowski
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Jacek Machowski
Download PDF Download RIS Download Bibtex

Abstract

Polar stations became subject of keen interest of law-makers as the most effective manifestation of human activities in Antarctica. Legal procedures governing the establishment and regulations on operation and decommission of Antarctic stations are presented in this paper.

Go to article

Authors and Affiliations

Jacek Machowski
Download PDF Download RIS Download Bibtex

Abstract

Law is grounded in time and is constantly shaped by historical circumstances. Treaties, produced by voluntary acts at a given point in time, remain generally in force without a formal endpoint, while customary law arises from practice and lacks specific points of departure and conclusion. Through the practice of their application, both treaties and customary law may change their content and meaning to a far greater extent than domestic rules. Generally, international law resists retroactive application. However the recognition of sovereign equality to all States in the process of decolonization represents an example of profound change. While the problems deriving from armed conflict and former colonial domination must be assessed by the standards of their epoch and not by having recourse to the rules and principles of our time, at the same time it must be borne in mind that many of the acts considered perfectly lawful when they occurred were marred by deep injustices, producing effects which need to be addressed by the law of our time.
Go to article

Authors and Affiliations

Christian Tomuschat
1

  1. Professor emeritus. Dr.-Dr. h.c. mult. (Zürich and Tartu), Humboldt University Berlin, Faulty of Law
Download PDF Download RIS Download Bibtex

Abstract

Given the whole spectrum of doubts and controversies that arise in discussions about laws affecting historical memory (and their subcategory of memory laws), the question of assessing them in the context of international standards of human rights protection – and in particular the European system of human rights protection – is often overlooked. Thus this article focuses on the implications and conditions for introducing memory laws in light of international human rights standards using selected examples of various types of recently-adopted Polish memory laws as case studies. The authors begin with a brief description of the phenomenon of memory laws and the most significant threats that they pose to the protection of international human rights standards. The following sections analyse selected Polish laws affecting historical memory vis-à-vis these standards. The analysis covers non-binding declaratory laws affecting historical memory, and acts that include criminal law sanctions. The article attempts to sketch the circumstances linking laws affecting historical memory with the human rights protection standards, including those entailed both in binding treaties and other instruments of international law.

Go to article

Authors and Affiliations

Aleksandra Gliszczyńska-Grabias
ORCID: ORCID
Grażyna Baranowska
ORCID: ORCID
Anna Wójcik
Download PDF Download RIS Download Bibtex

Abstract

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.
Go to article

Authors and Affiliations

Szymon Zaręba
Download PDF Download RIS Download Bibtex

Abstract

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.

Go to article

Authors and Affiliations

Przemysław Saganek

This page uses 'cookies'. Learn more