scholarly journals THE PROBLEM OF ABANDONED PROPERTY AFTER THE ENTRY INTO FORCE OF THE DECREE ON OWNERSHIP AND USE OF LANDS IN THE CAPITAL CITY OF WARSAW

Author(s):  
Monika Amramowska
Keyword(s):  
Case Law ◽  

This article attempts to answer the question of whether abandoned property existed in Warsaw after the entry into force of the Decree on Warsaw Lands. Contemporary case law is consistent in the position that within the territory of the capital of Poland, after the entry into force of the Decree on Warsaw Lands, there was no abandoned property given the categorical wording of Article 1 of the Decree that on the date of entry into force, all Warsaw lands are transferred to the municipality of the Capital City of Warsaw. However, post-war doctrine is of the opinion that for the transfer of ownership it was necessary to enter the new owner in the land and mortgage register.

2021 ◽  
Vol 62 (1) ◽  
pp. 129-162
Author(s):  
Thomas Kleinlein

Abstract: The concept of international law underlying the Versailles Peace Treaty is marked by a complex and ambivalent combination of references to just peace and the use of the legal form. This article analyses the concept of law and the use of legal techniques and institutions in the Paris settlement, and connects it to various contemporaneous strands of ‘legalism' and to the transformation from (classical) nineteenth-century to (modern) twentieth-century international law. In a second step, the article turns to how the ambivalent legalism in the Versailles Peace Treaty impacted on the respective case law of the Permanent Court and how this case law connects to ‘modern' approaches to international law. While, in substance, the cases involving the Versailles Peace Treaty raised issues of both post-war settlement and international organisation, in doctrinal terms, the Court tentatively developed a concept of international law that squares with modern approaches. This can be demonstrated by examination of the case law, which contributed to the law of international organisations, redefined sovereignty, and developed the humanitarian dimension of international law.


2020 ◽  
Vol 45 (2-3) ◽  
pp. 248-267
Author(s):  
Sławomir Tkacz

The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.


2021 ◽  
Author(s):  
Hanna Grzeszczuk-Brendel

War usually causes damage and suspension of construction work, thus intensified Nazi activity in Poznań brings into focus the ideological functions of architecture. During World War II, the then capital city of Gau Wartheland was the site of numerous urban and architectural projects, as well as many new housing estates and green areas. Moreover, the occupant worked on the conversion of the former imperial castle into a Deutsches Schloss, that is Hitler’s headquarters, which were to express the Third Reich’s dominance over the conquered territories. This was also the function of residential buildings. Many of these projects were given the status of “important to military operations”, hence the architecture should be perceived as a means to secure the territorial gains, and the German settlers as colonists and occupants. The housing estates displayed features of mass construction developed with a view to post-war times and were, therefore, intended to document the ‘endless’ control of the areas incorporated into the Reich. The estates also served to transform these areas in line with Nazi ideology.


Author(s):  
Karen Akoka ◽  
Olivier Clochard ◽  
Iris Polyzou ◽  
Camille Schmoll

AbstractSituated at the eastern part of the Mediterranean Sea, the island of Cyprus has always been a bridge as well as a border between the Middle East and Europe. It has also been an important place of both emigration and immigration. The situation in Nicosia, the capital city, is marked by decline following the 1974 conflict and partition. At the same time, however, the city has become an important settling place for international migrants, whose presence has grown during the last 20 years. Today Nicosia’s situation lies between a typical south European city (in which migrants find room in the interstices) and a post-war city. Following the growing effort within migration studies to use the street as a laboratory of diversity and cosmopolitanism (Susan Hall), this paper focuses on a single street. Formerly an important business street, Trikoupi Street is now well known as one of the most cosmopolitan streets in Nicosia, in which south Asians, Arabs, Sub-Saharan Africans as well as Eastern Europeans converge. These different populations correspond to different migratory waves as well as different modes of incorporation into local society. In this chapter, we aim to see how the street level may help us to reflect upon important topics in Cyprus such as contested citizenship, urban change, local/global connections, as well as new forms of cohabitation and patterns of subaltern cosmopolitanism. We also aim to reflect upon the multiple temporalities of the neighborhood, in order to show how the history of the street (and the history of the neighborhood) impacts on current ways of life in Trikoupi. We define the current situation as “suspended cosmopolitanism.”


Muzikologija ◽  
2017 ◽  
pp. 133-149
Author(s):  
Erica Haskell

The focus of this article is on the ?festivalization? of Sarajevo, the capital city of Bosnia-Herzegovina, after the signing of the Dayton Agreement (1995), and the donor environment during that time that largely supported foreign rather than local performances. I chronicle a shift - from socialist-era regional festivals before the war to post-war period staged multi-day multi-performance events with foreign programming - and highlight the tendency of donors to de-emphasize local difference as a way of creating politically safe aiding strategies. I unpack why the ?festival model? was attractive to local and foreign cultural organizers during this period. Specifically I discuss the reorganization of the Sarajevo Winter Festival as well as other festivals that existed before the war and continued to produce such events after the war.


Author(s):  
Michael Buxton ◽  
Robin Goodman ◽  
Susie Moloney

For more than a decade, Melbourne has had the fastest-growing population of any Australian capital city. It is expanding outward while also growing upward through vast new high-rise developments in the inner suburbs. With an estimated 1.6 million additional homes needed by 2050, planners and policymakers need to address current and emerging issues of amenity, function, productive capacity and social cohesion today. Planning Melbourne reflects on planning since the post-war era, but focuses in particular on the past two decades and the ways that key government policies and influential individuals and groups have shaped the city during this time. The book examines past debates and policies, the choices planners have faced and the mistakes and sound decisions that have been made. Current issues are also addressed, including housing affordability, transport choices, protection of green areas and heritage and urban consolidation. If Melbourne’s identity is to be shaped as a prospering, socially integrated and environmentally sustainable city, a new approach to governance and spatial planning is needed and this book provides a call to action.


Ikonotheka ◽  
2019 ◽  
Vol 28 ◽  
pp. 121-137
Author(s):  
Adam Przywara

This paper is a contribution to the contemporary discussions around architectural materialities and the history of the immediate post-war period in the urban areas of Europe. The opening paragraphs include references to the artistic action The Cut which took place in 2015, exposed the anthropogenic strata in Warsaw’s landscape and acknowledged the continuous material existence of the city’s history within its soil. Focusing on rubble, debris and post-war architectural waste, the author presents the theoretical approach by referring to a broad shift in the humanities towards approaches oriented towards objects and particular materialities. The subsequent historical narrative centres on the problems of rubble clearing and utilisation in the early reconstruction period of Warsaw. It shows the views and operations aimed at the removal of the mass of rubble proposed by the architects from the Bureau for the Capital City Reconstruction (BOS) and the inhabitants returning to the ruined city in 1945. Mobilising both narratives, the paper presents problems and discussions related to rubble utilisation and removal. Referring to Maciej Nowicki’s unrealised design for Warsaw’s city centre and contrasting it with the oral testimonies of the city’s inhabitants, the article reveals the struggles and discussions that raged during that early stage of city reconstruction. Finally, through the use of various sources from geological mapping to archival materials, the paper aims to locate, describe and document the rubble landscapes located around the city of Warsaw. In the conclusion the author points out how the subject could be expanded and how rubble relates to contemporary discourses in the humanities.


2019 ◽  
Vol 15 (1) ◽  
pp. 122-130
Author(s):  
Līva Garkāje

AbstractToday’s European historical city centre streetscapes, many of which are designated cultural heritage sites, consist of a mix of urban and architectural housing heritage of different periods, including post World War II period buildings. Nevertheless, knowledge of history of historical centre post-war housing and their artistic and cultural-historical values of this recent past is still insufficient, to a certain degree contradictory, and in some cases even incorrect. This is particularly accurate regarding Modern Movement serial or type Soviet housing in former Soviet republics. This paper presents an ongoing research intended to identify valuable housing streetscape architecture and urban layout traits of post-war period in Latvia (1945–1990) in the environment of historic centre. The goal is to provide specialists in planning and heritage fields with appropriate evaluation criteria and correct know-how material on the theme, as well as general public with cultural historical information considering post-war housing heritage. In this study an example of post-war Modern Movement serial Soviet housing in the historical centre of Riga, the capital city of Latvia, and its protection zone is drawn. The research is based on mapping and auditing streetscapes using Maryland Inventory with this housing typology in historical built environment to identify most common characteristics and qualities of these buildings. The main conclusions are that historical street-scapes do not have significant qualitative differences from historical mixed with post-war housing streetscapes, whereas the quality of streetscapes with dominating post-war modern housing tends to differ from historical streetscapes, as well as has similar shortcomings to those of the large-scale housing block streetscapes.


Author(s):  
Franco Carinci

- The essay concerns the right to strike. The first section critically analyzes the 1980s scholarly interpretation of the right to strike as a collective right, which so far challenges the steady perspective of the strike as an individual right, collectively exercised. The second section considers the legal and judicial evolution of this topic from the post-war era to nowadays, with special regard to constitutional case-law: the analysis of the limits on the right to strike leads to conclude in favor of its individual nature. The final section carries on an in-depth analysis of the notion of interest to strike, by assuming that the controversial debate about "individual" and "collective" is an artificial one.


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