Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.
Data publikacji: 24 Jan 2018 Zakres stron: 43 - 62
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Abstract
Text analyzes in detail legal situation dealing with the Czech government investiture vote. Constitutional foundations are tested against political practice, which is oft en quite different. The Results confirms the construction of investiture vote is less important that notorious weakness of the government majority in the Chamber of Deputies.
Data publikacji: 24 Jan 2018 Zakres stron: 63 - 78
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Abstract
Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.
Data publikacji: 24 Jan 2018 Zakres stron: 79 - 92
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Abstract
The article is dealing with the new German legal regulation concerning so called securities class actions. Th e author sees the new possibilites to bind together claims which arose from false information in capital market as a followor of the US class actions, therefore the article explains with the aim to simplify the intepretation of the new German legal rules the current American legal regulation of class actions. Th is means it analyses mainly the article 23 of the Federal Rules of Civil Prodecure and brings opinions of the author whether its particularities may function in Germany or not.
Data publikacji: 24 Jan 2018 Zakres stron: 93 - 107
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Abstract
Th e article analysis the legal aspects of the problem of consumer bankruptcy within the Polish legal system. It covers the substantive and also procedural aspects of this legal instrument. Author describes the requirements and conditions for the consumer bankruptcy, scope and effects of this form of bankruptcy. Moreover he deals with the procedural aspects of the declaration of the personal consumer bankruptcy and discusses the practice of use of this institution in Poland.
Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.
Text analyzes in detail legal situation dealing with the Czech government investiture vote. Constitutional foundations are tested against political practice, which is oft en quite different. The Results confirms the construction of investiture vote is less important that notorious weakness of the government majority in the Chamber of Deputies.
Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.
The article is dealing with the new German legal regulation concerning so called securities class actions. Th e author sees the new possibilites to bind together claims which arose from false information in capital market as a followor of the US class actions, therefore the article explains with the aim to simplify the intepretation of the new German legal rules the current American legal regulation of class actions. Th is means it analyses mainly the article 23 of the Federal Rules of Civil Prodecure and brings opinions of the author whether its particularities may function in Germany or not.
Th e article analysis the legal aspects of the problem of consumer bankruptcy within the Polish legal system. It covers the substantive and also procedural aspects of this legal instrument. Author describes the requirements and conditions for the consumer bankruptcy, scope and effects of this form of bankruptcy. Moreover he deals with the procedural aspects of the declaration of the personal consumer bankruptcy and discusses the practice of use of this institution in Poland.