Wyniki wyszukiwania - Biblioteka Nauki

1

Wolność religijna i poprawność europejska

100%

Aleksiejuk A.

ELPIS

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2012

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tom 14

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nr 25-26

105-113

EN

We live in times that are particularly sensitive to issues such as freedom and are differentiated by strong aspirations for personal and societal freedom. One speaks of political-societal freedom, freedom of religion, artistic freedom and freedom to choose one’s own lifestyle. It would be possible to make a long list of the various kinds or manifestations of freedom, which modern individuals indentify in their lives. My essay considers the ways the law functions in regards to religious freedom in the context of the currently prevailing and implemented political visions in United Europe. Strictly speaking, this paper concerns the definition of place, which was assigned for religious convictions of citizens of the European Union and their role in shaping their personal and societal lives.

2

Poland's sovereignty and national identity in the light of the Polish and EU Constitutions

100%

Fiszer J. M.

Studia Polityczne (Political Studies)

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2006

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nr 18

149-176

EN

This study considers the essence of sovereignty as a legal and political category and that of national identity as a cultural and social category, as exemplified by Poland, which since May 1st, 2004 has been an EU member. The paper points to the evolution of the content of the concepts: 'sovereignty' and 'national identity' and is focused on their current understanding in the era of globalisation and integration. Poland has been at the sharp end of those phenomena, which intensified while her constitution was being enacted as well as while the country negotiated accession to NATO and to the European Union. The author intends to demonstrate that the era of 'absolute and full sovereignty' had passed as a result of globalisation and growing interdependence. Based on an exegesis of Poland's Constitution as well as of the EU Constitutional Treaty and comparisons of their respective provisos, the author outlines, in their light, the sovereignty of Poland as both a nation state and a member of the European Union while attempting to demonstrate that the country's membership in the latter strengthens sovereignty and national identity rather than undermines them, bearing in mind that that it enhances the country's national and international security, including its political, economic, financial and military security. He claims that Poland's Constitution and that of the EU (should the latter enter in force, which seems doubtful), by enhancing each other, will bolster Poland's sovereignty and national identity both in the EU and on the wider international arena. Apart from that, the author attempts to prove that when Poland self-limits her political sovereignty, as a result of, e.g. joining voluntarily the EU upon the nation's approval (Poland did hold a referendum on the accession), the competence of the Polish state as a subject of international law has not been diminished, it has not lost the right to exercise sovereign power as far as security, economy, the armed forces, alliances, education, culture, etc. and so forth are concerned. Self-limitation, imposed for the sake of the state and national interest, serves to gain allies, partners and export markets, makes it possible to have and impact on and to create international reality. Because of that, we enhance our role in the world, our internal and external subjectivity and by the same we strengthen our sovereignty and national identity.

3

Suwerenność narodowa a Unia Europejska

100%

Mironowicz A.

ELPIS

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2012

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tom 14

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nr 25-26

97-103

EN

Sovereignty is a fundamental attribute of the state. Sovereignty is when the authority is independent and does not depend on any other authority in international relations. The state is equal to other subjects of international law. The sovereignty of the state is directly related to international interdependence. The condition for use by state sovereignty is the ability to develop and implement its own strategy. In this regard, the ruling class must have a realistic concept of strategic objectives. The elites must have knowledge of how to achieve them and dispose of the material and organizational resources, necessary for their implementation.

4

Suverenita, demokracie a postnárodní konstelace: Carl Schmitt versus Jürgen Habermas

80%

Gumplova P.

Filosofický časopis (Philosophical Journal)

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2007

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tom 55

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nr 5

673-690

EN

This article discusses two conceptions of sovereignty, the decisionistic model of Carl Schmitt and the deliberative paradigm of Jurgen Habermas. The comparison is informed by an attempt to prove the centrality of the notion of sovereignty, as it is so seriously contested today in political theory. As a dynamic principle of the mutual constitution of legal and political order, sovereignty represents a fundamental characteristic of constitutional regimes and in the form of popular sovereignty is a key normative principle of democracy. Schmitt presents a substantive model of sovereignty, derived from radical revolutionary practice and based on a substantive notion of the people as an entity endowed with a will that finds a unique expression in the original act of decision, made outside all forms of preexisting authority. Habermas's deliberative paradigm of politics proves exceptionally convincing in articulating the critique of the substantive model of sovereignty from the vantage point of his discursive, proceduralized paradigm of law and democracy. Schmitt and Habermas thus represent a paradigmatic dispute between substance and procedure as two bases of democratic legitimacy. It is however a controversy between political substantivism and legal proceduralism that makes this juxtaposition relevant to contemporary discourses on sovereignty. Neither Schmitt, nor Habermas find an appropriate model of sovereignty based on a balanced relationship between the legal and the political.

5

FROM HUMANITARIAN INTERVENTION TO RESPONSIBILITY TO PROTECT (Od interwencji humanitarnej do odpowiedzialnosci za ochrone)

80%

Zajadlo J.

Międzynarodowe Prawo Humanitarne

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2010

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tom 1

23-42

EN

The Responsibility to Protect is a concept of international law based on the idea that sovereignty is not a privilege, but a responsibility. The Responsibility to Protect focuses on preventing four international crimes: genocide, war crimes, crimes against humanity, and ethnic cleansing. The responsibility to protect includes three elements: 1. A State has a responsibility to protect its population from genocide, war crimes, crimes against humanity, and ethnic cleansing. 2. If a State is unable to protect its population on its own, the international community has a responsibility to assist the state by building its capacity. This can mean building early-warning capabilities, mediating conflicts between political parties, strengthening the security sector, mobilizing standby forces, and many other actions. 3. If a State is manifestly failing to protect its citizens from mass atrocities and peaceful measures are not working, the international community has the responsibility to intervene at first diplomatically, then more coercively, and finally with military force (humanitarian intervention).

6

THE IMPACT OF TRANSNATIONAL CORPORATIONS ON SOCIAL FEELING OF SAFETY AND INSECURITY IN EUROPE IN THE INTEGRATING PROCESS (Wplyw korporacji transnarodowych na spoleczne poczucie niepewnosci i bezpieczenstwa w integrujacej sie Europie)

80%

Gieniec-Urbanska W.

Nauki Społeczne

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2011

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nr 1(3)

100-112

EN

Europe in the integrating process is one of the main participants on the global market and is influenced by all global processes. One of the largest phenomenon in the modern world is the growth of power of transnational corporations. Thanks to financial and economic strength transnational corporations have an impact on governments' and international organizations' politics and decisions. Social feeling of insecurity is developed by the concern about the future of the state sovereignty and even democracy, not sufficient transnational corporation law regulations and damages caused by transnational corporations to the society. Social feeling of safety is created by the tendency to release market from government intervention, reducing government role in citizens' existence and social responsibility of transnational corporations . No institution, even integrated Europe, can give the society the guarantee to enjoy lifelong democratic standard rights.

7

FRENCH (MIS)READING OF NIETZSCHE. SOME REMARKS INSPIRED BY PAWEL PIENIAZEK'S 'SOVEREIGNTY AND MODERNITY' (Francuskie (nie)(do)czytanie Nietzschego. Kilka uwag z inspiracii 'Suwerennoscia a nowoczesnoscia' Pawla Pieniazka)

80%

Kruszelnicki M.

Przegląd Filozoficzno-Literacki

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2010

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tom 9

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nr 2(27)

359-381

EN

The present text owes its genesis to an extremely inspiring Pawel Pieniazek's book entitled 'Suwerennosc a nowoczesnosc. Z dziejów poststrukturalistcznej recepcji mysli Nietzschego' (Sovereignty and Modernity. The History of Post-structuralist Reception of Nietzsche). However, the article is neither a classical review nor a polemic with this remarkable work. It is rather an introduction to the main thesis conveyed in the book, according to which Nietzsche's 'failure' to philosophically ground a new 'elite culture' was a condition for French post-structuralist formation to emerge. By deliberately focusing on 'anti-metaphysical' aspects of Nietzsche's thought, post-structuralists 'misread' Nietzsche in that they effaced the properly 'metaphysical' themes alternating his oeuvre. The aim of this article is to target 'moments' or points in which the poststructuralist reading of Nietzsche can be proven to depart from his thought. Several points of this departure are enumerated: total critique/skepticism, individualism, pluralism/relativism, and transgression/extreme experiences. The author follows Pieniazek's critical remarks on poststructuralism in arguing that the French philosophers did not attempt to positively 'overcome' the aporias related with these concepts. They actually endorsed them as if oblivious of their nihilistic and decadent aspects to which Nietzsche was so sensitive. Ultimately, the author echoes Pieniazek's contention that Nietzsche can be seen as a critic 'avant la lettre' of the French post-structuralist formation. Contrary to Pieniazek, however, he is more careful to announce 'superiority' of Nietzsche's insights over post-structuralism. Instead, he asks: did French philosophers betray Nietzsche by abandoning his idea of a new, better culture? Or did they 'overcome' him, perhaps in a strive to rescue Nietzsche from metaphysics? Yet another question comes to mind: which of the two parties does Pieniazek actually sympathize with? Is it Nietzsche, who does not avoid charges of moral-metaphysical reasoning, or is it post-structuralism whose transgressive drive and quest for 'the Other' and 'the Inhuman' has always fascinated Pieniazek? What is Pawel Pieniazek's attitude to metaphysics in the first place?

8

OBMEDZENIE SUVERENITY ČLENSKÉHO ŠTÁTU V EURÓPSKEJ ÚNII

80%

Zjarová A.

Annales Scientia Politica

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2018

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tom 7

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nr 2

41 – 49

EN

The sovereignty is the power of the state which is independent from any other internal or external powers. The sovereignty is the attribute of the power of the state or the right of the state, whose condition is the existence of the state independent of any other state. The purpose of this contribution is to provide the impact of European Union member states sovereignty. The concept of sovereignty is changing because of the integration of the states in supranational European Union. The sovereignty of all member states of European Union is limited upon the international treaties which create the field of this supranational organization. The Fiscal union, the Eurozone, limiting of the designation of top officials, limiting the development of foreign relations or limiting the justice are some examples of limitation of sovereignty in European Union. Last part of this contribution deals with specific examples of limitation of sovereignty which are actual today. The last chapter deals with the limitation of sovereignty in Kosovo, which is the typical example of the relation between sovereignty and self-determination like two basic norms of international law which often appear in contradiction to each other, Ukraine, whose state sovereignty is questioned, the Basque territory whose habitants consider to be a nation, whose main purpose is to create their own state with their own sovereignty and Gibraltar, the British overseas territory.

9

WHY DO WE NEED COMMON FOREIGN AND SAFETY POLICIES?

80%

Olechowski A.

Myśl Ekonomiczna i Prawna

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2005

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nr 3(10)

9-20

EN

The author of the paper presenting the paradigm of the Polish foreign policy formulates and analyses its aims concerning among others strengthening sovereignty, permanent relations with the EU members based on friendship and cooperation, extending integration on the eastern neighbours, maximizing the inflow of foreign private and public means, creating conditions for the development of national identity. Summing up, he emphasizes the following: without common foreign and safety policies Poland will not achieve its aims.

10

The Legal Construct of Historic Title to Territory in International Law – An Overview

80%

Kozlowski A.

Polish Yearbook of International Law

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2010

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tom 30

61-100

EN

Historic title is just one of many legal instruments which may be raised by parties and used by judges to decide a territorial dispute. If a claim of historic title in given circumstances may be deemed to have been extinguished as a result of its relative weakness, the elements advanced in support of its construction, for example uti possidetis or effective occupation, may be used to support other types of legal claims. Taking into account its construction and its systemic conditional criteria, historic title gains maximum effectiveness when conditions exist which would support a finding of its incremental consolidation. This involves a multi-dimensional interpretation in reliance on particular elements which, taken together, create a complicated factual state in a particular territorial dispute. On the other hand, consolidation of historic title is not an argument which can be used by the indigenous native inhabitants of a territory, since their arguments are not based on claims of sovereignty.

11

THE CASE OF KOSOVO AND INTERNATIONAL LAW

80%

Sturma P.

Polish Yearbook of International Law

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2009

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tom 29

51-63

EN

The author focuses on the question of the independence of the Kosovo. The matter of the Kosovo's independence has been and remains very controversial. International law is the only universally acceptable language for discussing such a controversial issue, one where the international community of states at large, as well as the smaller and closer communities of the EU and NATO member states, seem to be deeply divided. It is important to admit the failure of the UN Security Council, its subsidiary bodies, and in particular some permanent members of the SC, as well as other States which encouraged or at least made possible the legal morass by recognizing the unilateral declaration of independence by Kosovo. We can hope that the International Court of Justice, as the principle judicial organ of the United Nations, will remedy the failure of other UN bodies and bring international law back on the scene. The Court is not able to change the factual situation in Kosovo, but it can provide legal guidance for a sustainable solution.

12

THE ROLE OF ECONOMIC ENTITIES IN THE PROCESS OF EUROPEAN REGIONALIZATION

80%

Piekutowska A. , Wakuluk I. E.

Optimum. Studia Ekonomiczne

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2011

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nr 5(53)

157-170

EN

Economic entities in the EU are extremely valuable actors not only of the economic life by contributing to national income but also by creating jobs, spending some funds for research and development, and creating progress. The European integration is based on the Single Market, and it has increased the role of these entities. Granted privileges - liberty of running business, freedom of services or capital, make a framework of economic activities go far beyond national borders. The effect of free choice of a place of business on the one hand and considering the role of economic entities for a given region is to increase their role in the process of the European integration. One of the aspects examined in the paper is the growing importance of economic entities visible at the stage of co-creation of the EU law and the role played by a strong lobby of employers. The authors presented their voice in the debate around the question: Does the growing role of economic entities threaten the function of the state - or the EU institutions, which in a given field took the power from the states?

13

POLISH NATIONAL DANCE AS A VALUE OF CULTURE (Polski taniec narodowy jako wartosc kultury)

70%

Carlos-Machej K.

Edukacja Filozoficzna

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2009

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nr 48

219-240

EN

In the time of the loss of Polish statehood in 1772 to 1918 years, five dances: polonaise, mazur, cracovienne that is to say krakowiak, oberek and kujawiak gained the status of Polish national dances. Their unprecedented cultural function greatly contributed to the salvation of the tradition and to preservation of the national memory. In those days, Polish national dances constituted not only social, educational and artistic functions but they also integrated the society, and together with the music, literature, theatre, fine arts, architecture, learning, education and philosophy influenced patriotic attitudes and sustained the sense of national bond. National dance can be considered the instrument for the building of the sensibility which contributed to the surviving of the nation and to the preserving of national identity. Being an antidote to the cares and apprehensions, the dance constituted an acceptance of live, gave the hope for the recovery of the sovereignty and played unusually important role in the process of the cultivation and preservation of native culture.

14

Suverenita, stát a demokracie v českém politickém diskursu

70%

Guemplova P.

Teorie vědy (Theory of Science)

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2007

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tom 16/29

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nr 3-4

169-207

EN

The text analyzes the discourse on sovereignty in the Czech politics in the light of current processes of the transformation of sovereignty caused by the globalization and Europeanization. The authoress discusses the dispute between liberal-conservative critics of the European integration and cosmopolitan critics of the sovereign statehood and points to the limits of both positions. It is argued that the conservatives who warn against the loss of sovereignty in the ongoing process of Europeanization and who call for the protection of the Czech statehood cling to an obsolete and invalid concept of sovereignty that is no longer adequate to changing social and geopolitical conditions. Similarly, it is pointed out that the defenders of cosmopolitan Europe who take sovereignty to be an old and useless category hindering the process of democratization are unable to offer an alternative capable of responding to growing concerns regarding the democratic deficit and the loss of political autonomy. The text tries to show that both positions misconstrue the challenges of globalization and Europeanization for the state and democracy.

15

NATION-STATE AND GLOBAL SURROUNDINGS: THE ISSUE OF SOVEREIGNTY

70%

Maldini P.

Studia Politica Slovaca: časopis pre politické vedy, najnovšie politické dejiny a medzinárodné vzťahy

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2013

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tom 6

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nr 2

5 – 23

EN

Under the increasing impact of globalization, classic forms of political community are transformed and position of the nation-state is amended. It is visible through the objectively reduced (divided) and substantially different form of sovereignty, through the forming of new political identity and legitimacy, and through new relationships on an international level. On the one hand, the political decision-making processes, guidance and control over the national economies are no longer the exclusive right of nation-states. On the other hand, the growth of new forms of civic organization expands political participation and civil society action outside the nation-state, and vice versa. Changes caused by globalization transform well known forms of democracy and its political perspective (e.g. cosmopolitan democracy as a more participative democracy at the local level as an addition to political relationships within the global order). However, the creation of a global democracy includes problems of political identity, constitution of political community, legitimacy, constitution of government and making of collectively binding decisions as well as commitments to be subjected to them. Therefore it is not possible to think sovereignty to be in decline or even questionable, but only that it has to be redefined in terms of its enhancement, i.e. its adjustment to new social and political conditions that are in many aspects defined at the level beyond the nation-state. Hence, this study advocates a dynamic approach and reconceptualization of these concepts by avoiding pervasive use of simplified dichotomies in explanations of their relationship, and proposes its functional understanding in terms of its efficiency, i.e. as dependent on system’s output and state capacity. An effective system and capacity of the state to regulate society, distribute common goods, and have an efficient institutional structure capable of realizing it – are crucial both to sustain an adequate level of nation-state sovereignty in the globalized world and support a stable democracy, which, if it is substantive, has the political mechanisms to maintain a balance between national interests and global impacts.

16

BILATERÁLNE DOHODY O OBRANNEJ SPOLUPRÁCI – DOHODA MEDZI SLOVENSKOM A USA

60%

Brhlíková R.

Studia Politica Slovaca: časopis pre politické vedy, najnovšie politické dejiny a medzinárodné vzťahy

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2020

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tom 13

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nr 2

4 – 18

EN

The paper deals with bilateral agreements on defence cooperation. Such agreements are nothing new in the world. They are approached by different states in different variants and combinations. Based on the analysis of Brandon J. Kinne, this paper analyses and compares bilateral defence cooperation agreements between the USA and Estonia and the USA and the Slovak Republic. The assumption that the agreement with the USA is a vassal agreement rather than an agreement between two equal partners is confirming.

17

WHAT DOES THE LISBON TREATY BRING TO US? (Co nam prinasa Lisabonska zmluva?)

60%

Kalesna K.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 3

202-216

EN

The article attempts to give a brief survey of fundamental changes brought by the Lisbon Treaty. At the same time it gives analysis of the new regulations based on domestic and foreign legal literature referring to this topic. It drives attention to the problems and open questions evoked by the new legal regulations. It does not avoid controversial discussion concerning sovereignty and competences forming a natural starting point of understanding of competences in the EU and their division between the EU and its member states.

18

PRINCIPLES OF ETHNOPOLITICAL AND TERRITORIAL-POLITICAL ORGANIZATION OF YUGOSLAVIA. GENESIS, EVOLUTION AND CONTEMPORARY CONSEQUENCES (Polish title below)

60%

Mihaylov V.

Sprawy Narodowościowe

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2011

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nr 39

61-70

EN

(Polish title: Zasady etnopolitycznej i terytorialno-politycznej organizacji Jugoslawii. Geneza, ewolucja, wspólczesne konsekwencje). The subject of the article is the principles of ethnopolitical and territorial-political organization of the Yugoslavian state. The genesis and evolution of mentioned question in the Kingdom of Serbs, Croats and Slovenians (1918-1941) and in Socialist Federation of Yugoslavia (1945-1991) are presented. One of the most important and controversial problems in Yugoslavian ethnopolitics - the relations between its ethnopolitical and territorial-political subsystems are considered. Dynamic changes and a lack of sequence in Yugoslav's ethnopolitics are emphasized in the paper. Attention has been paid to the question of territorial-political reorganization of the federation at the beginning of 1990s. The groups engaged in the struggle of division of Yugoslavia applied for various principles of delimitation of contentious areas. Susan Woodward brought out four main principles which the antagonist groups use as arguments for their 'property right' over the given territory - historical, democratical, principle of the inviolability of borders and realistic one. After the civil war during the 1990s, the Yugoslavian federation was reorganized into the sovereign states by recognizing the old internal administrative borders between the Yugoslav republics as international ones. The author discusses also contemporary problems of the ethnopolitical and territorial-political organization of post-Yugoslav countries and close relations between state-building and nation-building processes. Major current problems in the field of ethnopolitics, as a direct consequence of the influence of accumulated during the 70-year period of existence of a common state, has also been considered in the paper.

19

INDEPENDENCE AS A FACTOR STABILIZING SERBIAN-ALBANIAN RELATIONS IN KOSOVO (Niepodleglosc jako czynnik stabilizujacy relacje serbsko-albanskie w Kosowie)

51%

Sokolowska P.

Przegląd Zachodni

|

2010

|

nr 4(337)

155-177

EN

The proclamation of independence by Kosovo was considered by many commentators and politicians to be the only way of solving the problems in the functioning of the state and of overcoming the Albania-Serbian conflict. The author, referring to the concepts of sovereignty and statehood, analyzes whether the now independent state is a sovereign and equal subject on the international arena. She also investigates the problem of territorial integrity and efficient power as the necessary conditions of state functioning. The author explains to what extent the authorities of Kosovo represent the will of the sovereign, i.e. the people who live on its territory. The analysis includes not only Albanians, but also the largest minority in Kosovo, viz. the population of Serbian nationality. In the context of Albanian-Serbian relations in Kosovo it is investigated whether the state warrants Serbs all the constitutional rights and an appropriate level of economic development, as well as how far mutual relations between the two nations have improved.