Forum Prawnicze

A New Life for Actio Popularis in International Law? The Prevention and Punishment of Genocide as an Interest of "the International Community as a Whole" before the International Court of Justice

2025-03-22T13:15:15+01:00

In the Barcelona Traction case, the International Court of Justice (ICJ) made an 'essential distinction' between the obligations of States towards 'the international community as a whole' and their other obligations. The ICJ then included the protection of peoples against genocide among the former. The disputes currently pending before the Court under 1948 Convention on the Prevention and Punishment of the Crime of Genocide seem to confirm that preventing, supressing and punishing genocide is the real community interest of all States. In particular cases brought by States not directly affected by the alleged violation of the prohibition of genocide, in particular, The Gambia v. Myanmar case, raise the question of the place and role of actio popularis in the judicial protection community interests in the international legal order.

Adoption and the European Convention on Human Rights Law - Mapping Problems an Challenges

2025-03-22T14:37:45+01:00

This article explores the interplay between adoption and the European Convention on Human Rights, analyzing the evolving standards established by the European Court of Human Rights. While the right to adopt is not explicitly guaranteed under the Convention, the Court has developed a growing body of case law addressing adoption-related issues through the lens of Article 8 (right to private and family life). The study critically examines the ECtHR's approach to the margin of appreciation doctrine and the subsidiarity principle. The authors argue that while the ECHR provides an effective framework for adoption-related rights, the ECtHR must ensure consistency in its jurisprudence to maintain its legitimacy and influence in shaping contemporary European societies.

New Agreement on the Law of the Sea: Implementation of the Principle of Common Heritage of Humankind?

2025-03-22T17:38:35+01:00

The notion of common heritage of humankind is still an important issue in the theory of international law. A few international agreements establish areas which are not part of the territory of any state and which should be used for the benefit of all nations. But conflicting interests of main powers lead to lack of general provisions on the common heritage of humankind and lack of universal recognition of this notion. The article concerns an international agreement: the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, which presents a new, interesting approach to the problem of the common heritage of humankind, as it does not cover any particular area, but biological material and information about it.

New Prospects for Wealth Management in Poland? General Characteristics of the Family Foundation under the Act of 26 January 2023

2025-03-22T17:04:04+01:00

Family foundation is a new legal institution, introduced into Polish law by the Act of 26 January 2023, intended to be a substitute for private or enterprise (industrial) foundations known in a vast majority of developed countries. The purpose of the article is to outline the concept and general characteristics of the Polish Family foundation as a new instrument fo the succession planning, wealth management and asset protection, introduce basic rules on its establishing and organisation and identify certain legislative deficiencies and failures, both in terms of the method of regulation and detailed solutions.

The Spurious Precedent of High Trees (1947): Excessive Judicial Law-Making in English Law

2025-03-22T17:28:05+01:00

The article, after presenting the underpinnings of the doctrine of precedent (section 1), and acknowledging the law-making role of courts in England and Wales (section 2), focuses on the High Trees case decided in 1947. Section 3 presents its facts, section 4 outlines the reasoning that led to the judgment, while section 5 discusses the outcome of this ruling, which invited recognition of the so-called High Trees principle, which is the doctrine of promissory estoppel. While this case is the starting point for cases of promissory estoppel in modern law, it is also an illustration of how excessive judicial law-making can go beyond reasonable limits.

The Influence of Valtazar Bogišić on the Process of Japanese Civil Law Codification

2025-03-22T17:46:28+01:00

The article provides a chronological account of Valtazar Bogisic's impact on the development of civil law codification in Japan. It identifies the key sources for the study in order to delve into the influence of Bogidic's 1888 General Property Code for the Principality of Montenegro on the Japanese civil codification process, divided into distinct chronological periods. The author examines the concept of legal transplants and discusses the role of aristocratic circles and cultural diplomacy in disseminating legal ideas and influences.

The Application of Artificial Intelligence-Based Decision-Assisting Tools to the Mediation Process - an Analysis of Risk and Opportunities

2025-03-22T17:59:21+01:00

The article analyzes risks and opportunities that relate to applying decisionassisting tools that are based on artificial intelligence (AI) technology to the mediation process. While discussing this topic, the author suggests how to mitigate the analysed risks or optimise benefits. A brief elaboration on workable definitions of AI and the decision-assisting tool is also provided, as well as some predictions as to the future of the applicability of new technologies in mediation. Remarks are also made about whether mediation is fit to change and able to embrace new technologies.

Inability to Bear Arbitration Costs as a Basis for Court's Refusal to Enforce Arbitration Agreement. Commentary on the Supreme Court Decision of 19 January 2024, case II CSKP 897/22

2025-03-22T17:22:20+01:00

The paper analyses the groundbreaking decision issued by the Polish Supreme Court on 19 January 2024, case II CSKP 897/22, addressing the interplay between the enforceability of arbitration agreements and a party's financial inability to bear arbitration costs. The decision underscores the paramount importance of the right of access to justice, prioritizing it over contractual autonomy and the sanctity of agreements when arbitration becomes financially inaccessible. By invoking the principle of proportionality, the Court balanced the defendant's legitimate expectations of arbitration as the exclusive dispute resolution forum with the plaintiff's fundamental right to legal remedies, ultimately affirming that arbitration agreements must remain practically viable to be enforceable. While the judgment aligns with European judicial trends, such as those reflected in the ECHR and the EU Charter, the author argues it could have demanded more rigorous proof of plaintiffs' efforts to secure alternative funding, such as third-party financing.