Chapter 12 Local International Adjudication: The Groundbreaking ‘Experiment’ of the Arbitral Tribunal for Upper Silesia

Abstract The jurisdiction ratione materiae of an international court or tribunal in a particular dispute settlement system relies on a sensitive balance between the safeguard of the consensual basis of jurisdiction and the need for the effective settlement of international disputes. Thus, the scope of the jurisdiction ratione materiae of an international court or tribunal constitutes a crucial issue in international adjudication. This issue was vividly raised in the 2020 Enrica Lexie Incident arbitration between Italy and India. In this case, the arbitral tribunal constituted in accordance with Annex VII to the UN Convention on the Law of the Sea held that it had jurisdiction to decide the issue of immunity that necessarily arose as an incidental question in the application of the Convention. However, the validity of the Tribunal’s approach needs careful consideration. Therefore, this article critically examines the Arbitral Tribunal’s approach in the Enrica Lexie Incident arbitral award.

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Arbitral Tribunal for Upper Silesia

10.1093/law-mpeipro/e2912.013.2912 ◽

2019 ◽

Author(s):

Erpelding Michel ◽

Irurzun Fernando

Keyword(s):

Arbitral Tribunal ◽

Upper Silesia

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The Arbitral Tribunal for Upper Silesia

Experiments in International Adjudication ◽

10.1017/9781108565967.006 ◽

2019 ◽

pp. 98-124

Author(s):

Gerard Conway

Keyword(s):

Arbitral Tribunal ◽

Upper Silesia

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Legitimacy of Unseen Actors in International Adjudication

10.1017/9781108641685 ◽

2019 ◽

Cited By ~ 4

Keyword(s):

International Adjudication

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Phosphorus minerals in tonstein; coal seam 405 at Sośnica-Makoszowy coal mine, Upper Silesia, southern Poland

Acta Geologica Polonica ◽

10.2478/agp-2013-0012 ◽

2013 ◽

Vol 63 (2) ◽

pp. 271-281 ◽

Cited By ~ 5

Author(s):

Magdalena Kokowska-Pawłowska ◽

Jacek Nowak

Keyword(s):

Trace Elements ◽

Coal Seam ◽

Mineral Composition ◽

Coal Mine ◽

Chemical Compositions ◽

Coal Basin ◽

Upper Silesia ◽

Southern Poland ◽

Basin Area

Abstract Kokowska-Pawłowska, M. and Nowak, J. 2013. Phosphorus minerals in tonstein; coal seam 405 at Sośnica- Makoszowy coal mine, Upper Silesia, southern Poland. Acta Geologica Polonica, 63 (2), 271-281. Warszawa. The paper presents results of research on tonstein, which constitutes an interburden in coal seam 405 at the Sośnica- Makoszowy coal mine, Makoszowy field (mining level 600 m), Upper Silesia, southern Poland. The mineral and chemical compositions of the tonstein differ from the typical compositions described earlier for tonsteins from Upper Silesia Coal Basin area. Additionally, minerals present in the tonsteins include kaolinite, quartz, kaolinitised biotite and feldspars. The presence of the phosphatic minerals apatite and goyazite has been recognized. The presence of gorceixite and crandallite is also possible. The contents of CaO (5.66 wt%) and P2O5 (6.2 wt%) are remarkably high. Analysis of selected trace elements demonstrated high contents of Sr (4937 ppm) and Ba (4300 ppm), related to the phosphatic minerals. On the basis of mineral composition the tonstein has been identified as a crystalline tonstein, transitional to a multiplied one.

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The Culture Zone in Katowice and its qualities as a public space

Urban Development Issues ◽

10.2478/udi-2018-0026 ◽

2018 ◽

Vol 59 (1) ◽

pp. 27-41

Author(s):

Paweł Pistelok

Keyword(s):

Public Space ◽

Empirical Research ◽

Public Life ◽

Public Spaces ◽

Social Functions ◽

Upper Silesia ◽

Industrial Heritage ◽

Basic Rights ◽

Post Industrial ◽

Right Of Access

Abstract A city’s public spaces ought to meet a number of requirements to serve their main purpose, that is to foster public life. They need, for instance, to answer people’s needs, fulfil certain social functions, and let people use their basic rights, among them the most important right of access. In Katowice, one of the most prominent examples of the regeneration of public spaces is now the Culture Zone. The aim of this paper is to discuss the development of social functions in the area mentioned, a fine example of the post-industrial heritage of Upper Silesia. Applying some of the qualities of public space identified in the theories adopted, the paper discusses how the Culture Zone [in Polish: Strefa Kultury] fulfils the above-mentioned demands and requirements. Is it accessible? Does it meet the need for comfort? Does it function as a leisure space? By referring to analyses and opinions presented in the literature and comparing them with the results of the author’s own empirical research, this article discusses the importance, opportunities, and shortcomings of the Culture Zone as a public space.

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