Polish Review of International and European Law最新文献_第3页

Janusz Bogumił Gilas - Professor and Teacher

Polish Review of International and European Law Pub Date : 2022-12-19 DOI: 10.21697/2022.12.2.01

C. Mik

引用次数: 0

Navigational Rights in Archipelagic Waters 群岛水域的航行权

Polish Review of International and European Law Pub Date : 2022-12-16 DOI: 10.21697/2022.12.2.10

D. Bugajski

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Equitable Principles in the Delimitation of the Aegean Continental Shelf 爱琴海大陆架划界的公平原则

Polish Review of International and European Law Pub Date : 2022-12-16 DOI: 10.21697/2022.12.2.09

M. Górka

{"title":"Equitable Principles in the Delimitation of the Aegean Continental Shelf","authors":"M. Górka","doi":"10.21697/2022.12.2.09","DOIUrl":"https://doi.org/10.21697/2022.12.2.09","url":null,"abstract":"The purpose of the article is to present the role of equitable principles in the delimitation of the continental shelf in the specific situation of the Aegean area. First, the theoretical aspects of the equity in international law and its typology are presented, followed by explaining the role of equitable principles in maritime relations. In turn, the author explains the interdependence of equity and geographical conditions, while stressing the unique geography of the Aegean, bearing heavily on delimitation efforts in the region. The context of the Greek-Turkish continental shelf delimitation dispute is explained, drawing attention to the divergent positions of the two countries. The rules applicable to the dispute at hand are then analysed, with a focus on customary law, in the absence of treaty rules applicable between Greece and Turkey as concerns the maritime delimitation. The role of the international courts and tribunals in finding solutions in the disputes involving the delimitation of the continental shelf is discussed, by also presenting their approach to interpreting and applying equity and equitable principles. The three-stage delimitation method elaborated in the case-law based on equitable principles is finally presented, while drawing attention to the difficulties in applying the method in practice and the resulting therefrom inconsistencies.Finally, the conclusions of the above considerations for the Aegean continental shelf delimitation are drawn and the perspectives for finding a solution in the future are presented.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"26 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127219827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Provisional Application of Treaties. From the Vienna Convention to the UN ILC Guide and Beyond 条约的临时适用。从《维也纳公约》到《联合国国际法委员会指南》及其他

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.02

C. Mik

引用次数: 0

Competence of the European Union to Decide on Judicial Appointments in Poland 欧洲联盟决定波兰司法任命的权限

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.04

Karolina Harasimowicz

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Proposals for Institutional Changes in the Management of the Euro Area: Euro Area Treasury, European Minister of Economy and Finance, European Monetary Fund 欧元区管理制度改革建议:欧元区财政部，欧洲经济和财政部长，欧洲货币基金组织

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.03

M. Zieliński

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The (still) Unresolved Question of COVID-19 Passes Compatibility with the ECHR. Comments on the ECtHR Decision of 7 October 2021 in Zembrano v. France (Application no. 41994/21) COVID-19(仍)未解决的问题超越了与《欧洲人权公约》的兼容性。对欧洲人权法院2021年10月7日Zembrano诉法国案判决的评论(申请号:41994/21)

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.07

Julia Kapelańska-Pręgowska

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Report on the International Scientific Conference The Case Law of the European Court of Human Rights and the Court of Justice of the European Union with regard to the East-Central European Countries organised within the framework of the Central Europe 关于在中欧框架内组织的欧洲人权法院和欧洲联盟法院关于中东欧国家的判例法国际科学会议的报告

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.08

Nóra Béres, György Marinkás

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The Aggression of the Russian Federation against Ukraine: International Law and Power Politics or ‘What Happens Now’ 俄罗斯联邦对乌克兰的侵略:国际法与强权政治或“现在发生了什么”

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.01

R. Kwiecień

{"title":"The Aggression of the Russian Federation against Ukraine: International Law and Power Politics or ‘What Happens Now’","authors":"R. Kwiecień","doi":"10.21697/2022.11.1.01","DOIUrl":"https://doi.org/10.21697/2022.11.1.01","url":null,"abstract":"The article deals with the relationship between international law and power politics in the light of the Russian aggression against Ukraine. The relationship between international law and politics is very close, even natural, since the principles and rules of international law primarily act in international relations, that is in a political reality. It is the problem of observance and violations of the legal principles and rules on the use of force that is the key point of reference for the discussion of this issue. The serious breach of Article 2(4) of the UN Charter by Russia, the crime of aggression and other alleged crimes committed during this international armed conflict incline the author to address some questions on the power and weakness of international law. The power of international law is severely tested when it comes to the unilateral use of force by states. The Russian aggression against Ukraine is arguably the most important such test since the end of World War II, at least in Europe. The author claims that such crises as the Russian aggression against Ukraine clearly prove that international law is what states want it to be. ","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133013787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“A little war that shook the court”: comment on the judgement of the European Court of Human Rights in the case of Georgia v. Russia (ii) of 21 January 2021 "震撼法院的一场小战争":评议欧洲人权法院对2021年1月21日格鲁吉亚诉俄罗斯案(二)的判决

Polish Review of International and European Law Pub Date : 2022-06-30 DOI: 10.21697/2022.11.1.05

Marcin Marcinko

{"title":"“A little war that shook the court”: comment on the judgement of the European Court of Human Rights in the case of Georgia v. Russia (ii) of 21 January 2021","authors":"Marcin Marcinko","doi":"10.21697/2022.11.1.05","DOIUrl":"https://doi.org/10.21697/2022.11.1.05","url":null,"abstract":"The long-awaited judgement of the European Court of Human Rights in the case of Georgia v. Russia (II) of 21 January 2021 evokes rather ambivalent assessment. On the one hand, the Court found that the Russian authorities were responsible for systematic violations of human rights related to Russia’s participation in the “five-day war”, and on the other hand, the Court limited this responsibility only to the “occupation phase”, i.e. the period after the ceasefire on 12 August 2008. As for the “active phase of hostilities”, i.e. the period of armed clashes from 8 to 12 August 2008, the Court found that due to the lack of “effective control” by Russia, the Court could not apply any model of jurisdiction to any of the alleged violations of the Right to Life under the ECHR. This comment is an analysis of the reasoning of the Court in relation to the most important issues in this case: extraterritorial jurisdiction in the context of international armed conflict (including the issues of effective control over an area and State agent authority and control over individuals), the relationship between the ECHR and international humanitarian law and the investigative obligation under Article 2 of the ECHR.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122944446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0