Wpływ braku uznania rządu państwa totalitarnego i autorytarnego na zdolność sądową tego państwa w świetle koncepcji brytyjsko-amerykańskich

Although government recognition is a legal concept of public international law, it interacts with other branches of law, including private international law and international civil procedure. According to the jurisprudence of British and American courts, unrecognized governments do not possess locus standi in civil proceedings in regard to matters which fall within the state dominium. In the mentioned jurisprudence, a doctrine has been formulated according to which judges are bound by the position of their state executive bodies in regard to foreign state and government recognition, which has direct influence on the locus standi of foreign states in the courts of Britain and the United States. The aim of this paper is to present the above rulings, as well as to analyze whether there are grounds for accepting the doctrine which follows from them in Polish civil litigation.

Zrównoważony rozwój w tradycji prawnej Chińskiej Republiki Ludowej

An old Chinese saying says: “Nature and man joined into one whole” (Tian Ren He Yi). One could think that Chinese political thought, extensively bound to religion, philosophy, and tradition, laid perfect foundations for the implementation of public international law sustainable development principles. However, Chinese totalitarianism irreversibly changed the perception of the relation between humans and nature that used to be deeply rooted in traditional culture. The purpose of this work was to analyze the evolution of Chinese attitude towards sustainable development that serves environmental protection. The key issue concerning the Chinese willingness to fulfill their international obligations concerning sustainable development had to be addressed. Equally important was the question about the integration principle in Chinese law which would imply balancing environmental needs with economic development in all state politics as it does in the EU law under article 11 of the Treaty on the Functioning of the European Union. The research shows that Chinese environmental law has been notablyshaped by public international law in correlation to its standards and has developed significantly forthe last 35 years. A good example may be the amendment of 2014 of Chinese Environmental Law that implemented expressis verbis sustainable development as a priority before economic development. However, it seems to be a landmark change, opening new research fields considering its future execution. Considering the above, this work concludes with some moderate but ironic optimism linked to the current plan of the People’s Republic of China to build „ecological civilization.”

Climate Change and Maritime Boundaries

Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.

Mechanisms and legal instruments to ensure air route safety

The legal regulation of ensuring the safety of air traffic in general and of air routes in particular is one of the main concerns of specialists in the field of public international law. The principles and objectives, structure and organization of airspace for safe and efficient operation by analyzing the procedures for the formation and operation of air routes are the subject of this article. Airspace areas with special legal status are an important element of airspace regulation and the process of ensuring air route safety. The analysis of the normative provisions that contribute to ensuring the security of air routes, the risks and threats on the safety of these routes and the mechanisms for preventing and combating them are a priority for specialists in the field of international air law.