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2013 Polish Yearbook of International Law vol. XXXIII

2013 Polish Yearbook of International Law vol. XXXIII

Władysław Czapliński

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The article section of the current volume starts with Maurizio Arcari's text on the constitutionalization and fragmentation of international law. This is followed by the articles of Cezary Mik on the concept of jus cogens in contemporary international law, and Gino Naldi & Konstantinos Magliveras on the denunciation of treaties and withdrawal from international organizations in the field of international human rights. This section also includes this year's Marek Nowicki Memorial Lecture by Lord Lester of Herne Hill QC on the right of free speech. In addition there are three articles on EU law. Dimitry Kochenov, in his very timely piece, critically analyzes two new proposals aimed at ensuring the observance of certain democratic standards by EU Member States, Krystyna Kowalik- Bańczyk writes about the emerging practices of domestic Constitutional Courts in resolving conflicts between EU law and national constitutional law. The section ends with the contribution by Jakub Kociubiński on EU competition law in the air transport sector. The next section is dedicated to the recent judgement of the European Court of Human Rights (Grand Chamber) in Janowiec and Others v. Russia. The case, which relates to one of the greatest tragedies in the contemporary history of Poland, was closely followed not only by scholars in the region but also by the general public. We present different voices from the international academic community, who discuss the case from various perspectives and critically assess the reasoning of the court. This group includes Ireneusz Kamiński, Yaroslav Kozheurov, William Schabas, Susana Sanz Caballero and Gabrielle Citroni. We have also added the complete set of legal observations submitted to the ECtHR on behalf of the applicants. As usual, the volume also includes the traditional sections: Polish practice in international law, book reviews and the Polish bibliography in international and European law for 2013.
Articles 9 Maurizio Arcari The Creeping Constitutionalization and Fragmentation of International Law: From "Constitutional" to "Consistent" Interpretation 9 Cezary Mik Jus Cogens in Contemporary International Law 27 Gino J. Naldi, Konstantinos D. Magliveras Human Rights and the Denunciation of Treaties and Withdrawal from International Organisations 95 Lord Lester of Herne Hill QC Free Speech Today 129 Dimitry Kochenov On Policing Article 2 TEU Compliance - Reverse Solange and Systemic Infringements Analyzed 145 Krystyna Kowalik-Bańczyk A la recherche d'une coherence perdue - Possible Arguments for the Non-application of EU Law in Member States 171 Jakub Kociubiński Consolidation or Fragmentation? European Competition Law in the EU Air Transport Sector: A Policy Analysis 189 COMMENTS on janowiec and others v. russia 205 Ireneusz C. Kamiński The Katyń Massacre before the European Court of Human Rights: A Personal Account 205 Yaroslav Kozheurov The Case of Janowiec and Others v. Russia: Relinquishment of Jurisdiction in Favour of the Court of History 227 William Schabas OC MRIA Do the "Underlying Values" of the European Convention on Human Rights Begin in 1950? 247 Susana Sanz-Caballero How Could It Go So Wrong? Reformatio in Peius before the Grand Chamber of the ECtHR in the Case Janowiec and Others v. Russia (or Polish Collective Memory Deceived in Strasbourg) 259 Gabriella Citroni Janowiec and Others v. Russia: A Long History of Justice Delayed Turned into a Permanent Case of Justice Denied 279 Answers to the Questions for the Grand Chamber hearing in the case of Janowiec and Others v. Russia 295 Polish Prac tic e in Interna tional law 363 Szymon Zaręba China and Hong Kong: The One Country, Two Systems Principle and Its Practical Implications for Polish Civil Courts 363 Book Reviews 371 Polish Bibliograph y of International and european Law 2013 387
  • Titel:2013 Polish Yearbook of International Law vol. XXXIII
  • Autor:Władysław Czapliński
  • ISBN:0554-498X, 0554498X
  • Veröffentlichungsdatum:2015-12-11
  • Format:E-Book
  • Artikel-ID: e_b001
  • Verleger: Wydawnictwo Naukowe Scholar
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