scholarly journals Postanowienia ustawy z dnia 10 czerwca 2016 r. o działaniach antyterrorystycznych ze szczególnym uwzględnieniem kwestii praw i wolności cudzoziemców

Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 29-49
Author(s):  
Janusz Małysiak
Keyword(s):  

The Provisions of the Polish Anti‑Terrorist Act of 2016 with Emphasis on the Rights and Freedoms of Foreigners The aim of this article is to analyse the provisions of the Polish anti‑terrorist act of 2016. Particular emphasis is put on the issue of rights and freedoms of foreigners. The article is divided into three thematic sections. The first part is devoted to the drawing up of the act, the second focuses on legal status of foreigners in Poland, whereas the third discusses the consequences of the adoption of the act. The author analyses how the position of foreigners in the Polish legal system has been affected by the passing of the anti‑terrorist act.

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 171-183
Author(s):  
Grzegorz Kuźnik

The aim of this article is to present the basis of the legal order in force in the Ger¬man Empire colonial areas. The first two parts of the article outline the international conditions for the development of German colonies, and the legal basis of their establishment. The third part discusses the legal status they had in the German legal order. Here the author thoroughly analyses the legal solutions employed for the states of emergency. The fourth part presents the legal issues concerning the loss of colonies. The article includes the analysis of the provisions of the German Empire Constitution of 1871, which were applied when the colonial areas were formed. The paper also discusses other legal acts. Furthermore, the emperor’s orders for declaring the states of emergency were part of the detailed analysis. The paper also explored the attainment of German doctrine, which studied the particular legal issues in depth.


2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.


Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.


1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.


2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.


2021 ◽  
Author(s):  
Aleksandr Smykalin ◽  
Tat'yana Bazhenova ◽  
Natal'ya Zipunnikova ◽  
Vladimir Motrevich ◽  
Elena Sokolova ◽  
...  

The third part of the anthology contains materials reflecting the periods of formation of a limited monarchy in Russia and the further development of the legal system; the formation and development of the Soviet state and law in the XX century. The documents are arranged in chronological order.


2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..


2021 ◽  
pp. 215-230
Author(s):  
Benjamin Sachs

This chapter entertains three proposals as to the connection between an animal’s moral status and what legal status it ought to have. The first proposal is this strong claim: that an act wrongs an animal is a justification for criminalizing it. The second proposal is this moderate claim: that an act constitutes an injustice to an animal is a justification for criminalizing it. Both of these proposals can be vindicated if an argument for legal moralism that the author constructs, drawing on the work of Michael Moore, is sound. Meanwhile, Martha Nussbaum, Alasdair Cochrane, and Robert Garner have each argued for the second proposal. The chapter demonstrates that all four of these arguments are unsound. The third proposal is this claim: it is obligatory for legislators to eliminate any aspect of the law that facilitates the wronging of animals. This proposal, the author argues, is sound. Comparatively weak though this proposal is, the chapter extracts from it radical implications for animal ownership and state funding of medical research on animal subjects.


Author(s):  
Patrick Delas ◽  
Richard Frimston

France is a unitary republic, divided into ninety-six metropolitan departments, five overseas departments and seven overseas territories. The judicial authority is the third authority referred to in the constitution of October 4, 1958, together with the legislature (Parliament) and the executive (Government). France is a civil law country; its legal system is based on Roman/Napoleonic law and was codified in 1804 (code civil). The code civil applies to all departments and overseas territories with limited exceptions for the latter.


Author(s):  
von Heinegg Wolff Heintschel

This chapter evaluates legal developments and practice with respect to armed conflict at sea. The Third United Nations Conference on the Law of the Sea has progressively developed the law and contributed to the emergence of multiple differing regimes, some of which are now customary in character. The San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1995) provides a contemporary restatement of the law of armed conflict at sea, together with some progressive development. The chapter provides an overview of the different acts of naval warfare, comments on special provisions concerning means and methods of naval warfare, and explains the legal status of hospital ships including conditions of their protection.


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