Prawo międzynarodowe publiczne

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Browsing Prawo międzynarodowe publiczne by Author "Kleczkowska, Agata"

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    Judging its own case – the abuse of the veto power by Russia
    (Czech Yearbook of Public & Private International Law, 2023) Kleczkowska, Agata
    After 24 February 2022, the international community expressed unprecedented solidarity with Ukraine and condemnation for Russia. With one exception however: the United Nations Security Council (UNSC) did nothing to address the flagrant violations of international law committed by Russia, continuing its pattern of inaction since 2014. In its capacity as a UNSC permanent member, Russia has been able to paralyze the organ’s work by exercising its right to veto. This short comment seeks to answer the question about the legitimacy of the veto power today, as well as to search for alternative solutions which would allow the UNSC to act despite the abuse of this power by one of the UNSC's permanent members. The paper starts with a discussion of the origins of the right to veto and its practice, paying special attention to the use of this right by Russia against resolutions concerning the armed conflict in Ukraine. Next, the paper examines whether Russia’s right to veto could be circumvented by analysing plans for UNSC reform; suspension and expulsion procedures within the UN; the use of credentials to exclude Russia from the UNSC works; and shifting to the UN General Assembly powers.
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    Unrecognised subjects in international law
    (INP PAN, Scholar Publishing House, 2019) Milano, Enrico; Richter, Dagmar; Oeter, Stefan; Saganek, Przemysław; Shinkaretskaia, Galina; Hamamoto, Shotaro; Czapliński, Władysław; Zaręba, Szymon; Fernández Sola, Natividad; Arcari, Maurizio; Chen, Chun-i An; Lagerwall, Anne; McGuinness, Margaret E.; Kleczkowska, Agata; Torres Cazorla, María Isabel; Gruszczyński, Łukasz; Menkes, Marcin; Czapliński, Władysław; Kleczkowska, Agata
    The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology.