Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Desplazados medioambientales y Derechos Humanos: una construcción conceptual sine qua non para su protección jurídica internacional | Environmental displaced people and human rights: a conceptual construct as previous step for their international legal protection

2019 ◽  
pp. 255
Author(s):  
Daniel Gracia Pérez
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The Other ◽  
International Protection ◽  
Derechos Humanos ◽  
Other Hand ◽  
Displaced People ◽  
Definition Of ◽  
Previous Step

Resumen: El presente trabajo parte de la hipótesis de que no es posible diseñar un régimen de protección internacional para las personas desplazadas por disrupciones medioambientales sin antes aclarar qué se entiende por “desplazado medioambiental” y cómo se ha llegado a tal entendimiento. Así, el artículo se estructura en dos partes. La primera de ellas pretende reconstruir el íter que ha configurado la figura del desplazado medioambiental en el pensamiento académico, tanto desde los estudios medioambientales como desde los migratorios. La segunda, por su parte, analiza la primera definición de desplazado ambiental, con vocación jurídica, que aparece en plano internacional y la influencia que en su redacción han tenido las corrientes anteriores. Abstract:  This paper is based on the hypothesis that it is not possible to design an international protection regime for people displaced by environmental disruptions without first clarifying what is meant by "environmental displaced" and how this understanding has been reached. Thus, the article is structured in two parts. The first of them aims to reconstruct how the concept of environmentally displacement has been shaped in academic thinking, both from environmental and migratory studies. The second one, on the other hand, analyzes the first definition of environmental displaced which appears, with a legal vocation, on the international scene and the influence that those previous streams have had on it.

3. The law of treaties

2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

Judaism's Eternal Triangle

1987 ◽  
Vol 23 (3) ◽  
pp. 309-323
Author(s):  
Raphael Loewe
Keyword(s):  
Ab Initio ◽  
The Other ◽  
National Sovereignty ◽  
Working Definition ◽  
Other Hand ◽  
The Law ◽  
Definition Of ◽  
Law Of Return

Twenty years ago I attempted to clarify thinking about Judaism in proposing a more refined terminology which, if properly used, would eliminate the all too frequent fallacies of equivocation by which discussion is bedevilled (‘Defining Judaism:Some Ground-Clearing’, Jewish Journal of Sociology, VII, 2, 1965, pp. 153–75). It is not my purpose here simply to exhume that article: on the other hand, I do not feel that I can usefully begin again ab initio, since the situation has not been radically transformed as it had been in the thirty years preceding 1965. The two decades since and including the Six Days War have witnessed much entrenchment of position, intensification of doctrinaire assertion, and heightening of enthusiasm, but little inclination (until the Lebanon War began to stimulate it in Israel) towards questioning what have become popularly accepted axioms:and it is still the case that anyone who dares to question the assumption that Israeli national sovereignty now is, and for all time will remain, a sine qua non for the survival of Judaism will not get much of a hearing. What I intend here is to reconsider my earlier findings from the angles of belief, authority, and peoplehood, particularly since I feel that the last-mentioned had perhaps been allowed inadequate weight in my previous endeavour. I consequently repeat here, for convenience of reference, the terminological distinctions proposed in that article, together with the tentative working definition of Judaism with which it concluded. I doubt its usefulness, save from a negative standpoint, i.e. what it excludes. But if we are to consider peoplehood, we need to know who, and what, is a Jew: and the only uniquely valid definition of a Jew that satisfies me is a transmitter of Judaism. The question seems to me otherwise meaningless without some terms of reference, e.g. who is a Jew for purposes of joining synagogue X, or speaking for Anglo-Jewry or world Jewry at forum Y, or qualifying for Israeli citizenship under the law of return, etc. Here, then, is my tentative formula:

The Codification of International Law

1924 ◽  
Vol 18 (2) ◽  
pp. 260-280
Author(s):  
James Brown Scott
Keyword(s):  
International Law ◽  
The Body ◽  
The Other ◽  
Strict Sense ◽  
Other Hand ◽  
Law Of Nations ◽  
The Law ◽  
Principles Of Justice ◽  
Correct Understanding

There are certain preliminary observations which should be made before we can take up the question of codifying international law or the method of codification, for without a correct understanding of certain matters, which may be considered fundamental, we may not know whether we are to deal with a system of law or a system of philosophy. As a matter of fact we are dealing with both, for law develops unconsciously or consciously in accordance with the principles of philosophy. If the law of nations is to be considered law in the strict sense of the word, we must deal with it as a system of law. If, on the other hand, it is a system of philosophy rather than of law, we must deal with it as philosophy, and the point of approach and the method of treatment will be different. But, above and beyond law, we are dealing with justice, and with those principles of justice, which, expressed in rules of law, we call the law of nations. Justice is the source; the principles of justice applicable to the conduct of nations constitute the law of nations, and the rules of law based upon these principles change with conditions, or to meet new conditions, and form the body and substance of international law at any given period.

Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Legal Norms ◽  
Other Hand ◽  
The Russian Federation ◽  
Juridical Acts ◽  
The Right

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

scholarly journals Regenerative agriculture as a biomimetic technology

2022 ◽  
pp. 003072702110703
Author(s):  
Bart Gremmen
Keyword(s):  
The Other ◽  
Agricultural Systems ◽  
Other Hand ◽  
Regenerative Agriculture ◽  
The One ◽  
Definition Of ◽  
Strong Concept ◽  
The Eu

As populations increase and economic affluence expand, conventional farmers will be unable to meet the demand for food. Two main scenarios offer different solutions. The first scenario aims to further intensify scientific- and technology-driven agriculture research. The second scenario aims to radically switch to nature-based solutions in agricultural systems. There seem to be two interpretations of the nature-based solutions scenario: on the one hand, the interpretation of the IUCN regards nature-based solutions, such as regenerative agriculture, as using nature and denies a link with biomimicry; and on the other hand, the interpretation of the EU regards regenerative agriculture as an example of biomimicry. This raises the question: is regenerative agriculture a prime example of biomimicry or is it only a very important way to use nature in agriculture? To answer this question, we take a step back and philosophically reflect on biomimicry. Based on two definitions of mimesis, we distinguish between two concepts of biomimicry, a ‘strong’ concept which emphasizes natural principles and copying natural models, and a ‘weak’ concept, which emphasizes inspiration by nature and creative invention. Secondly, we describe and analyze regenerative agriculture as part of the nature-based solutions scenario and interpret regenerative agriculture first as ‘weak’ and then as ‘strong’ biomimicry. Both interpretations have their problems. To address these, we propose a new concept of biomimicry based on a new definition of mimesis. This enable us to differentiate between biomimicry, strict imitation of nature, and nature-inspired invention. We argue that our conceptualization of biomimicry helps to operationalize regenerative agriculture as a biomimetic technology.

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