International Community Law Review最新文献_第3页

The Status of Women in the Armed Forces 妇女在军队中的地位

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10117

Elżbieta Karska, Karol Karski, Konrad Wnorowski

{"title":"The Status of Women in the Armed Forces","authors":"Elżbieta Karska, Karol Karski, Konrad Wnorowski","doi":"10.1163/18719732-bja10117","DOIUrl":"https://doi.org/10.1163/18719732-bja10117","url":null,"abstract":"The military service of female soldiers is now permanently embedded in the operation of the armed forces of many countries in the world. The availability of this form of professional activity for women was often only theoretical in many countries a few decades ago. Due to the gradual opening of the armed forces to women, international organizations, such as the UN, NATO or the European Union, have also begun to deal with this issue in the context of the protection of human rights, especially in the field of equality, the gender perspective or combating discrimination on the grounds of sex. A number of actions have been taken in the international arena to systematize this state of affairs and create appropriate models addressed at individual countries. This set of developed regulations in the form of documents, guidelines or recommendations constitutes the international standards for the protection of human rights in the field of military service of women in the armed forces. The purpose of this paper is to compare the Polish reality in which female soldiers serve, with these standards. A comparison of both spheres will allow conclusions to be drawn regarding the translation of these standards into the Polish army and to indicate mutual correlations in this respect. This will also give an indication as to the level of applicability of the latter in the terms of the specific guarantees they provide for female soldiers.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"80 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531565","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

Current Challenges of International and European Human Rights Law: Introductory Remarks 当前国际和欧洲人权法的挑战:导言

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10112

Elżbieta Karska, Karol Karski

{"title":"Current Challenges of International and European Human Rights Law: Introductory Remarks","authors":"Elżbieta Karska, Karol Karski","doi":"10.1163/18719732-bja10112","DOIUrl":"https://doi.org/10.1163/18719732-bja10112","url":null,"abstract":"The protection of human rights is one of the most important issues in the modern world and their development is a challenge for all legal systems. Human rights protection is an established fact in international law. This is both an expression of the expectations of the states that have created this system and an instrument designed to see the solutions contained therein incorporated into national legal systems. Human rights are of particular interest on the Old Continent. They have been developed both within the regional system of the Council of Europe and, as ‘fundamental rights’, within the European Union. Human rights are one of those areas where both legally binding instruments and ‘soft law’ acts are adopted. These acts of ‘soft law’ do not formally create legal obligations but they nevertheless affect their addressees, including states, by virtue of the respect given to the entities that adopt them. There are also examples of ‘soft law’ acts having institutional setting and significance with the creation of bodies to monitor their implementation. This paper contains introductory remarks in relation to current issues in the field of international and European human rights law that are presented in this Special Issue of the International Community Law Review (ICLR).","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"27 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138508386","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

ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014 欧洲人权法院关于俄罗斯侵略乌克兰及2014年以后发生的事件的判例法

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10115

Jakub J. Czepek

{"title":"ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014","authors":"Jakub J. Czepek","doi":"10.1163/18719732-bja10115","DOIUrl":"https://doi.org/10.1163/18719732-bja10115","url":null,"abstract":"Ukraine has faced ongoing armed conflict within the eastern parts of its territory since 2014. The state witnessed the annexation of Crimea, de facto occupation of Donetsk and Lugansk regions, the shooting down of Flight MH-17, and numerous human rights violations in the eastern parts of the country. Since the Russian aggression in 2022, Ukraine has faced armed conflict throughout the country. At the same time, Russia and Ukraine had been states parties to the European Convention on Human Rights (ECHR). Russia ceased to be a party to the ECHR on 16 September 2022, due to its expulsion from the Council of Europe (CoE) six months earlier. All the applications against the Russian Federation filed to the European Court on Human Rights (ECtHR) before this date should – and will – be examined by the Court. This research mainly aims to analyse the Court’s existing case-law concerning the events in Ukraine after 2014, and the ECtHR jurisprudence concerning armed conflicts. The purpose of such analysis is to examine the possibilities and challenges the Court will face in its forthcoming judgments in inter-state applications filed by Ukraine against Russia. It should be stressed that the execution of these future judgments may also be an issue.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"34 3","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138508383","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 Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension 在普遍、欧洲和波兰层面的结婚权和建立家庭权

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10118

Paweł Bucoń

{"title":"The Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension","authors":"Paweł Bucoń","doi":"10.1163/18719732-bja10118","DOIUrl":"https://doi.org/10.1163/18719732-bja10118","url":null,"abstract":"The subject of the article is an analysis of the human right to marry and the right to establish a family. The author considers the guarantees of this right in three areas. The first one is the universal dimension, the essence of which are the documents guaranteeing the protection of human rights adopted by the United Nations: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Social, Economic and Cultural Rights. In the European dimension, the most important is Article 12 of the European Convention on Human Rights, ensuring the right to marry for a man and a woman who have reached the appropriate age. In the Polish national dimension, Article 18 of the Constitution of the Republic of Poland of 1997 solidified the existing traditional form of marriage, i.e. the state of a union between a man and a woman. It also ensures the care and protection of the state to families created on the basis of a formally concluded marriage, as well as to other families, especially those with many children and incomplete families. According to the author, the right to get married and the right to found a family are connected and complementary, but the right to start a family can be exercised independently of getting married.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1152 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531537","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 Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview 欧洲委员会软法在波兰法院诉讼中的作用:历史回顾

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10119

Katarzyna Grzelak-Bach

{"title":"The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview","authors":"Katarzyna Grzelak-Bach","doi":"10.1163/18719732-bja10119","DOIUrl":"https://doi.org/10.1163/18719732-bja10119","url":null,"abstract":"This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"37 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531582","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

Modern Technologies as a Challenge for the Right to Privacy under the European Convention on Human Rights 现代技术对欧洲人权公约隐私权的挑战

IF 0.7

International Community Law Review Pub Date : 2023-11-22 DOI: 10.1163/18719732-bja10116

Bartosz Ziemblicki

引用次数: 0

The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law 国际人道主义法和国际人权法基本标准的共同核心

IF 0.7

International Community Law Review Pub Date : 2023-11-21 DOI: 10.1163/18719732-bja10114

Krzysztof Orzeszyna

{"title":"The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law","authors":"Krzysztof Orzeszyna","doi":"10.1163/18719732-bja10114","DOIUrl":"https://doi.org/10.1163/18719732-bja10114","url":null,"abstract":"The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis, the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations must be compatible with other international obligations of the state, including humanitarian law. In the event of a conflict between international humanitarian law and international human rights law, the mechanism for resolving conflicts between the standards was supplemented by an interpretation based on the principle of ‘system integration’ of the International Court of Justice which results in the ‘humanization’ of international humanitarian law. The evolution of the case-law of the European Court of Human Rights, which takes into account the international humanitarian law as the reference norm that should be referred to, demonstrates the close relationship between these areas of law. In the case of the application of universal and regional instruments of international human rights law, we are dealing with the ‘humanitarianization’ of these rights.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"83 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139253434","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

Law and Torture: Contemporary Legal Scholarship on Torture, from the Doctrinal to the Critical 法律与酷刑:当代酷刑法学研究，从理论到批判

IF 0.7

International Community Law Review Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10096

Ergun Cakal

引用次数: 0

Editorial: International Community Law Review Issue 25:5 社论:《国际社会法律评论》第25:5期

IF 0.7

International Community Law Review Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10110

K. Allinson

引用次数: 0

Redefining the Principle of Permanent Sovereignty over Natural Resources from a Geographical Perspective 从地理学角度重新界定自然资源永久主权原则

IF 0.7

International Community Law Review Pub Date : 2023-08-29 DOI: 10.1163/18719732-bja10098

I. Ibrahim

引用次数: 0