scholarly journals The Implementation of International Agreements in the Polish Legal System. The Selected Aspects of Practice in Recent Two Decades

2020 ◽  
Vol 9 (1) ◽  
pp. 125-151
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Domestic Space ◽  
The Subject ◽  
The Republic ◽  
Council Of Ministers ◽  
Legal Character ◽  
Domestic Law

The issue of the implementation of international agreements in the domestic legal system is of substantial significance. It guarantees the efficiency of international law in the domestic space. The article presents the selected aspects of this process in reference to the practice of the Republic of Poland, within the last two decades with the particular consideration of the position of the Council of Ministers in this respect. The subject of analysis is the legal character (and its sources) of the obligation of the implementation of treaties, both at the level of international and domestic law. Subsequently, the conditions of the implementation have been considered, including the costs and the issue of application of international agreements. The consequences of non-implementation of a treaty for enforceability of its provisions within the Polish legal system constitute the subject of the analysis in the last section of the paper.

“Be Karbala Miravim!”

2017 ◽  
Author(s):  
Anicée Van Engeland
Keyword(s):  
At Risk ◽  
International Law ◽  
Hybrid System ◽  
Legal System ◽  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Standards ◽  
Domestic Law

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.

The concept and basis of responsibility in international cargo transportation by sea

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  
Keyword(s):  
International Law ◽  
Key Words ◽  
Prima Facie ◽  
Subject Area ◽  
Direct Impact ◽  
Main Subject ◽  
Legal Relationship ◽  
The Subject ◽  
Cargo Transportation ◽  
The Republic

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

scholarly journals An Analysis of the Taxation of Entertainers and Sportspersons Under Art. 17 OECD-MC

2020 ◽  
pp. 342-349
Keyword(s):  
Future Development ◽  
Tax Evasion ◽  
Historical Review ◽  
International Agreements ◽  
Tax Law ◽  
Tax Treaties ◽  
Domestic Legislation ◽  
Important Regulator ◽  
The Republic ◽  
Domestic Law

The double tax treaties (DTT) are an important regulator in international tax law. The Preamble to them defines their aim and purpose – to reduce taxation through tax evasion and avoidance in the field of taxes on income and capital. It should be noted that they do not create new taxes, but they are supranational international agreements ensuring the fair tax treatment between states. According to the Art. 5, para 4 of the Constitution of the Republic of Bulgaria, the international agreements such as the DTTs are part of the domestic law if they have been ratified, promulgated and entered into force. After the fulfilment of the three cumulative conditions, they take precedence over the domestic legislation for any conflicts. The aim of the current study, with no claim to completeness and comprehensiveness, is to outline the scope of Art. 17 of the Model Tax Convention of Income and Capital of the Organisation for Economic Co-operation and Development (OECD-MC) on the taxation of entertainers and sportspersons. The analysis will begin with a brief historical review. For this purpose, the last three versions of the Commentary of the OECD-MC (the Commentary) will be examined. The author will also focus on relevant international and domestic practical issues on the topic as well as a brief overview of the concluded DTTs between Bulgaria and other states. Finally, some thoughts will be expressed on the future development of the concept.

Homework under the law

2021 ◽  
Vol LXXXII (2) ◽  
pp. 153-160
Author(s):  
Michał Długosz
Keyword(s):  
Social Problem ◽  
International Agreements ◽  
Legal Norms ◽  
Constitutional State ◽  
The Subject ◽  
The Law ◽  
The Republic

Giving too much complex homework has become a significant social problem and the subject of unsuccessful activities of constitutional state authorities. In light of the Constitution of the Republic of Poland, international agreements that Poland is bound by, as well as domestic regulations, the practice of giving homework to students seems to be unjustified or even to be in breach with numerous legal norms.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

The Common Law in Lesotho

1969 ◽  
Vol 13 (3) ◽  
pp. 127-144
Author(s):  
Sebastian Poulter
Keyword(s):  
South Africa ◽  
East Africa ◽  
Southern Africa ◽  
Legal System ◽  
Common Law ◽  
The Subject ◽  
The Common ◽  
English Law ◽  
The Republic

Whereas the reception and operation of English law in West and East Africa have been the subject of much study over the last few years, the introduction and application of Roman-Dutch law in Southern Africa (apart from South Africa itself) have received scant treatment.1 This article deals only with the position in Lesotho and attempts to show the extent to which Lesotho's legal system is tied to that of the Republic of South Africa, and thus strengthens the geographical and economic bonds which link the two countries.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

The Development and Formation of International Law

1912 ◽  
Vol 6 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
International Law ◽  
The Political ◽  
Human Reason ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
The Republic ◽  
Civil Laws

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.

The Act on the National Cybersecurity System as an Implementation of the NIS Directive

2020 ◽  
Vol 12 (1) ◽  
pp. 179-193
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
Information Systems ◽  
Legal System ◽  
Subject Matter ◽  
Critical Analysis ◽  
Scientific Literature ◽  
European Parliament ◽  
Basic Method ◽  
The Subject ◽  
The Republic ◽  
High Level

The article is devoted to the issue of the implementation of the Directive of the European Parliament and of the Council (EU) of 6 July 2016 on measures contributing to a high level of security of networks and information systems within the territory of the Union (the so-called NIS Directive) into the Polish legal system. In this context, the author analyses the Act on the National Cybersecurity System, presenting the system and its individual components. The subjects of consideration are the provisions of the Act on National Cybersecurity System of the Republic of Poland and other legal acts concerning the subject matter, which entered into force before the adoption of the analysed act. In conclusion, the author states that in some cases, it is necessary to amend individual legal acts in order to avoid ambiguities which lead to disruption of the system as a whole. The basic method used in this article is legal dogmatics and critical analysis of the scientific literature, documents and opinions of experts—practitioners.

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