2012 POLISH YEARBOOK OF INTERNATIONAL LAW vol. XXXII

• Druk: 2012
• Redakcja naukowa: Władysław Czapliński
• Wydawca: Scholar

periodyk wydany wraz z Instytutem Nauk Prawnych oraz Komitetem Nauk Prawnych Polskiej Akademii Nauk


The Polish Yearbook of International Law (PYIL) is a scientific journal published since 1966. The major focus of the Yearbook is on public and private international law as well as European law. Each volume of the PYIL also includes legal bibliography of Polish authors publishing in the above areas.
The new volume (XXXII) includes an article by Prof. Sadurski on the problem of democratic legitimacy in the European Union. This is followed by Prof. Kwiecień’s article which enquires into the issue of sovereignty of States in the context of the legitimacy of international law. The article by Prof. Fitzmaurice explores the legal and philosophical concepts underlying the foundations of international environmental law (e.g. principles of the common heritage). In a very personal article (which sometimes sounds like real manifesto for environmental sustainability), Prof. Vieira discusses changes in system of global governance necessary to cope with the challenges connected with climate change. Prof. Wyrozumska analyses the practice of Polish courts with respect to attachment and debt enforcement from an embassy’s bank account. Other texts include an article on the rules of international law applicable to the sovereign debt crisis (by Prof. de Jonge); analysis of the recent ICC Lubanga Reparations Decision (Prof. Swart); assessment of the legality of overseas use of drones under the framework of European Convention of Human Rights (Drs. Bodnar and Pacho), and an article on the ICC’s practice with regard to arrest warrants (Dłubak).
The new volume also includes a series of articles presented at the conference “Limits of the Security Council Powers”, which was organized in Warsaw in January 2013 by ILA Poland in cooperation with the Institute of Law Studies. Prof. Arcari looks at the question of limits of Security Council powers as a problem of UN Charter interpretation; Prof. Fernandez Sola analyses the role of the European Union in the UN system (as a form of enforcement agency), and Prof. Richter inquires into the problem of judicial review of Security Council decisions. Two other contributions discuss the applicability to the Security Council of rules on the responsibility and accountability of international organizations (Prof. Sturma) and the obligations of the Security Council with respect to war crimes and genocide (Prof. Zimmermann).

• Kategorie:
  1. Ebooki i Audiobooki »
  2. Eprasa »
  3. Prawo
• Redakcja: Władysław Czapliński
• Język wydania: angielski
• ISSN: 0554-498X
• Liczba stron: 481

Contents

ARTICLES

Wojciech Sadurski
Democratic Legitimacy of the European Union: A Diagnosis and Some
Modest Proposals  9

Roman Kwiecień
Does the State Still Matter? Sovereignty, Legitimacy and International Law  45

Anna Wyrozumska
Execution on an Embassy Bank Account  75

Malgorzata Fitzmaurice
Some Reflections on Legal and Philosophical Foundations of International
Environmental Law  89

Susana Camargo Vieira
Governance, Good Governance, Earth System Governance... and
International Law  111

Alice de Jonge
What Are the Principles of International Law Applicable to the Resolution
of Sovereign Debt Crises?   129

Mia Swart
The Lubanga Reparations Decision: A Missed Opportunity?   169

Adam Bodnar, Irmina Pacho
Targeted Killings (Drone Strikes) and the European Convention on Human
Rights  189

Aleksandra Dłubak
Problems Surrounding Arrest Warrants Issued by the International Criminal
Court: A Decade of Judicial Practice  209
Maurizio Arcari
Limits to Security Council Powers under the UN Charter and Issues of
Charter Interpretation  239

Natividad Fernández Sola
The European Union as a Regional Organization within the Meaning of
the UN Charter  259

Dagmar Richter
Judicial Review of Security Council Decisions – A Modern Vision of the
Administration of Justice?   271

Pavel Šturma
Does the Rule of Law also Apply to the Security Council? Limiting Its
Powers by Way of Responsibility and Accountability  299

Andreas Zimmermann
The Security Council and the Obligation to Prevent Genocide and War
Crimes  307

Polish Practice in International law  315

Oktawian Kuc
Krstić Case Continued  315

Amicus curiae briefs in Janowiec and Others v. Russia  325

Book Reviews   401

Polish Bibliograph y of International and European Law 2012  427