Kwartalnik Prawa Międzynarodowego最新文献_第3页

The characteristics of the new powers granted to consumer protection authorities under Regulation 2017/2394 根据第2017/2394号条例授予消费者保护机构的新权力的特点

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6684

M. Sobczyńska

引用次数: 0

The financial settlement with the USSR for the resettlement of the population as a result of the change in the eastern border of the Polish state 由于波兰国家东部边界的变化，为重新安置人口而与苏联达成的财政协议

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6689

Anna Korzeniewska-Lasota

{"title":"The financial settlement with the USSR for the resettlement of the population as a result of the change in the eastern border of the Polish state","authors":"Anna Korzeniewska-Lasota","doi":"10.5604/01.3001.0053.6689","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6689","url":null,"abstract":"The financial settlement with the USSR for the resettlement of the population as a result of the change in the eastern border of the Polish state.The events of September 17, 1939, when the Red Army entered Polish territory, triggered a series of events that ultimately led to the reconfiguration of the countrys eastern border. The agreement on the Polish-Soviet state border, signed by the Polish Committee of National Liberation on July 27, 1944, adopted the so-called Curzon Line as the basis for delineating the border. Although the validity of the agreement was questionable, it became the starting point for the conclusion of the so-called Republican Agreements in 1944, which were agreements with the Soviet republics on evacuating the population, resulting in the resettlement of many people.The article presents the financial settlement process between Poland and the USSR for the resettlements that occurred due to the aforementioned agreements. It describes the negotiations that took place between the Polish and Soviet sides, as well as their culmination in the form of an agreement on July 21, 1952, which obligated Poland to pay a significant amount covering the costs of those repatriations.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128854613","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}

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Access to clinical trial dossiers and documents submitted for the marketing authorisation of a medicinal product under the provisions on access to public information 获取临床试验档案和根据公共信息获取规定提交的药品上市许可文件

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6683

Magdalena Malinowska-Wójcicka

{"title":"Access to clinical trial dossiers and documents submitted for the marketing authorisation of a medicinal product under the provisions on access to public information","authors":"Magdalena Malinowska-Wójcicka","doi":"10.5604/01.3001.0053.6683","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6683","url":null,"abstract":"This article is devoted to an analysis of the current regulations on the disclosure of clinical trial documentation of a medicinal product and documents submitted for the marketing authorisation of a medicinal product. Undoubtedly, due to the very high commercial value of the data obtained in the course of a clinical trial, the sponsor of such a clinical trial is interested in the widest possible coverage of its business secrecy. On the other hand, however, it is in the interest of patients and the public's health protection at large to have the widest possible access to this information.This article is devoted to an analysis of the current legal provisions on the conduct of clinical trials on medicinal products for human use and the registration of these products, both at EU and Polish level, as well as regulations on access to public information. In order to better illustrate the scale of information that may be covered by a request for access, the scope of documentation created in the course of conducting a clinical trial is also presented.The article also presents the rulings of the Court of Justice of the European Union concerning the scope of the obligation to provide access to this type of documentation and possible exceptions to the general principle of access to all documents processed by EU or national authorities. The purpose of the article is to juxtapose the interests of patients (the widest possible access to data on clinical trials and registration of medicinal products) with the interests of companies conducting clinical trials and to confront the practice of Polish regulators - the President of the Office for Medicinal Products, Medical Devices and Biocidal Products and the European Medicines Agency - with the case-law of the Court of Justice of the European Union in this respect.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"87 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125720363","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

CJEU case law on CHF loans the most important issues still awaiting for the decision (limitation of claims, remuneration for the usage of capital) 欧洲法院关于瑞士法郎贷款的判例法——仍待裁决的最重要问题(索赔限制、资本使用报酬)

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6680

Jarosław Ciesielski

{"title":"CJEU case law on CHF loans the most important issues still awaiting for the decision (limitation of claims, remuneration for the usage of capital)","authors":"Jarosław Ciesielski","doi":"10.5604/01.3001.0053.6680","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6680","url":null,"abstract":"The Unfair Contract Terms Directive and provisions of the national law which implement that legal act realize a system of consumer protection against the usage of abusive clauses in contracts concluded by consumers and professionals. The large set of case law provided by the CJEU makes it possible to clarify the principles and scope of the consumers protection. However, it is not comprehensive, as there are still important legal issues that have not been yet resolved by the CJEUs judgements. They concern, in particular, such important issues for borrowers as determining the beginning of the limitation period for claims of the parties to the contract, as well as assessing the legitimacy of the lenders' claims for payment of remuneration for the use of the capital of the loan, which had been paid on the basis of a contract which has been declared void. That issues are addressed by references in preliminary ruling proceedings, currently conducted before the CJEU on the basis of questions submitted by Polish courts, in cases concerning borrowers. Examination of these questions leads to the conclusion, that the Court probably will take a pro-consumer position on these key issues, consistently advocating for the broad protection of the weaker party to the contract.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123255613","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

The international arbitration as a method of settling investment disputes 国际仲裁作为解决投资争端的一种方式

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6687

Barbara Sikoń

{"title":"The international arbitration as a method of settling investment disputes","authors":"Barbara Sikoń","doi":"10.5604/01.3001.0053.6687","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6687","url":null,"abstract":"The main subject of this article is an analysis of the mechanism of settling investment disputes by means of international arbitration. This essay indicates that factors such as globalization, digitization, intensification of international economic contacts, especially between advanced countries and developing countries, have contributed to the increase in the number of investment disputes, which determines the need to resolve these disputes on the basis of the international law. Due to the origin of entities from different countries with different economic systems and various legal cultures, the international investment arbitration seems to be an effective way to resolve disputes, which provides private investors with guarantees of investment security. The article mentions the characteristic features of the international investment arbitration, such as: consensuality, dispute resolution by an independent tribunal, equality of parties to the proceedings, the possibility of dispute resolution based on the principle of equity, decentralized nature of arbitration. The essay also relates to the clauses appearing in the agreements on the promotion and mutual protection of investments. In addition to this, de lege ferenda conclusions regarding the increase of the transparency of the arbitration proceedings and allowance of the participation of so-called friends of the court in the investment arbitration have been mentioned in the present article as well.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114641276","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}

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Report on the scientific conference Thirty Years of the Polish-Ukrainian Agreement of 1993 on Legal Aid: Evaluation of Effectiveness in Civil and Commercial Matters 1993年波兰-乌克兰法律援助协定三十年:评价民事和商业事项的效力科学会议的报告

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.7267

Luiza Nadstazik

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Development of the law of the sea historical outline and contemporary attempts to respond to climate change 海洋法发展的历史概况和当代应对气候变化的尝试

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6678

Joanna Siekiera

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International drug crime in forensic and criminological terms 国际毒品犯罪的法医和犯罪学术语

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6688

Paweł Opitek

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Procedural aspects of patent infringement proceedings comparison of the procedure before the Polish national court and the Unified Patent Court 专利侵权诉讼程序方面的比较，在波兰国家法院和统一专利法院之前的程序

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6685

Oskar Gińko

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Constitutionalization of international law in the light of French doctrine 从法国学说看国际法的宪法化

Kwartalnik Prawa Międzynarodowego Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6677

J. Szymanek

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