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Abstract

This article analyses the practice of the Polish administrative courts with respect to application of the Vienna Convention on the Law of Treaties, based on a case study of the judgment of the Voivodship Administrative Court in Warsaw of 6 May 2014 (case no. II SA/Wa 117/14), which concerned the recognition of distance learning degrees awarded by Ukrainian universities pursuant to the 1972 Prague Convention. It is argued herein that the reasoning of the court suffers from four major drawbacks: 1) it is at variance with the text, object and purpose of the Prague Convention; 2) it does not take into account the practice in the application of that treaty; 3) it misinterprets the silence of the preparatory work to the Prague Convention on certain issues; and 4) it is inconsistent with international judicial decisions as regards the interpretation of the “special meaning” of one of the terms used in the Convention.
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Authors and Affiliations

Szymon Zaręba
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Abstract

The content of the study focuses on the issue of the right to work of persons with disabilities from the point of view of the provisions of the Convention on the Rights of Persons with Disabilities adopted by the General Assembly of United Nations in 2006. The article discusses the formal elements of the national system supporting the professional activity of this group of people. The author also presents opinions of various entities, independent of state authorities, on the compatibility of solutions adopted in our country with the philosophy of the Convention.

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Authors and Affiliations

Adam Mikrut
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Abstract

In this paper an attempt has been made towards the design and evaluation of a solar parabolic trough collector (PTC) system integrated with a conventional oil boiler (COB) to increase the energy utilization effectiveness and reduce the environmental emission of the existing conventional oil boiler in the Kombolcha textile factory, in Ethiopia. The factory uses 8500 ton/annum of heavy fuel oil to generate 26 ton/hour of pressurized hot water at 140°C temperature which causes an increase in greenhouse gas emissions, so the solar parabolic trough collector hot water generation system will be an appropriate solution for this application. Based on the available annual solar radiation, estimates of the solar fraction, solar energy unit price and system pay-back period have been carried out. The proposed system has the potential to save 1055.9 ton/year of fuel oil. The unit cost of PTC solar energy is estimated to be 0.0088 $/kWh and the payback period of the plant is five years. Since the unit price of oil energy (0.0424 $/kWh) is much greater than the unit price of solar energy by a substantial margin (0.033 $/kWh) in Ethiopia, therefore the water heating system by
a solar parabolic trough collector is a feasible alternative to heating by a conventional oil boiler.
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Bibliography

[1] Sharew Anteneh, Solar Energy Assessment in Ethiopia: Modelling and Measurement, Addis Ababa, Ethiopia, vol. 12, iss. 4, pp. 135–145 (2007).
[2] Mekuannint Mesfin, Modelling, Simulation and Performance Evaluation of Parabolic Trough Solar Collector Power Generation System, Addis Ababa University, vol. 12, iss. 4, pp. 65–75 (2009).
[3] Robert A., Parabolic Trough Solar Technology, Encyclopedia of Sustainability Science and Technology, Meyers (ed.) (2012), DOI: 10.1007/978-1-4419-0851-3.
[4] Derese T. Nega, Getachew S. Tibba et al., Software Development for Design, Simulation and Sizing of Parabolic Trough Solar Thermal Power Plant (EthioSolA), Proceedings of the IEEE (2015).
[5] Yahusa I., Rufai Y.A., Tanimu L., Design Construction and Testing of Parabolic Solar Oven, vol. 12, iss. 4 (2016), DOI: 10.4172/2168-9873.1000212.
[6] Alhassan Salami Tijani, Ashraf M.S., Bin Roslan, Simulation Analysis of Thermal Losses of Parabolic trough Solar Collector in Malaysia Using Computational Fluid Dynamics, Procedia Technology 15, pp. 842–849 (2014).
[7] Caiyan Qin, Joong Bae Kim et al., Comparative Analysis of Direct-Absorption Parabolic-Trough Solar Collectors Considering Concentric Nanofluid Segmentation, vol. 44, iss. 5, pp. 4015–4025 (2020), DOI: 10.1002/Er.5165.
[8] Zhiyong Wu, Shidong Li et al., Three-dimensional numerical study of heat transfer characteristics of parabolic trough receiver, Applied Energy, vol. 113, pp. 902–911 (2014).
[9] Hachicha A.A., Rodríguez I., Capdevila R., Oliva A., Heat transfer analysis and numerical simulation of a parabolic trough solar collector, Applied Energy, vol. 111, pp. 581–592 (2013).
[10] Bellos E., Tzivanidis C., Antonopoulos K.A., A Detailed Working Fluid Investigation for Solar Parabolic Trough Collectors, Applied Thermal Engineering, vol. 114, pp. 374–386 (2017).
[11] Badreddine El Ghazzani, Diego Martinez Plaza et al., Thermal Plant Based on Parabolic Trough Collectors for Industrial Process Heat Generation in Morocco, Renewable Energy, vol. 113, pp. 1261–1275 (2017).
[12] Dagim Kebede, Design and analysis of solar thermal system for hot water supply to Minilk hospital new building, Addis Ababa University, vol. 8, iss. 1, pp. 5–14 (2016).
[13] Environmental and Energy Study Institute (EESI), Solar Thermal Energy for Industrial Uses (2011).
[14] El Jai M-C., Chalqi F-Z., A Modified Model for Parabolic Trough Solar Receiver, American Journal of Engineering Research (AJER), e-ISSN: 2320-0847 p ISSN: 2320-0936, vol. 2, iss. 5, pp. 200–211 (2019).
[15] Mutlak F.A.A., Baha T. Chiad, Naseer K. Kasim, Design and Fabrication of Parabolic Trough Solar Collector for Thermal Energy Applications, Republic of Iraq Ministry of Higher Education and Scientific Research University of Baghdad College of Science, vol. 2, iss. 1, pp. 165–175 (2011).
[16] https://www.nationsonline.org/oneworld/map/google_map_ethiopia.htm, accessed 20/11/2018.
[17] Michael Geyer, Eckhard Lüpfert et al., EUROTROUGH Parabolic Trough Collector Developed for Cost Efficient Solar Power Generation, https://www.researchgate.net/publication/282858870 (2015).
[18] Michael Geyer, Eckhard Lupfert et al., EUROTROUGH Parabolic Trough Collector Developed for Cost Efficient Solar Power Generation, 11th SolarPACES International Symposium on Concentrated Solar Power and Chemical Energy Technologies (2002).
[19] Lourdes A. Barcia, Rogelio Peon Menendez et al., Dynamic Modelling of the Solar Field in Parabolic Trough Solar Power Plants, Energies Published; eISSN 1996-1073, vol. 8, no. 12, pp. 13361–13377 (2015).
[20] Holman J.P., Heat Transfer Tenth Edition, Department of Mechanical Engineering Southern Methodist University (eBook) (2010).
[21] Christos Tzivanidis, Evangelos Bellos, The use of parabolic trough collectors for solar cooling – A case study for Athens climate, Case Studies in Thermal Engineering, vol. 8, pp. 403–413 (2016).
[22] Allouhi A., Benzakour Amine M., Kousksou T., Jamil A., Lahrech K., Yearly performance of lowenthalpy parabolic trough collectors in MENA region according to different sun-tracking strategies, Applied Thermal Engineering, vol. 128, pp. 1404–1419 (2018).
[23] Addisu Bekele, Large Scale Application of Solar Water Heating System in Ethiopia, Addis Ababa University (2007).
[24] Yidnekachew Messele, Thermal Analysis, Design and Experimental Investigation of Parabolic Trough Solar Collector, Addis Ababa University (2012).
[25] Duffie J.A., Beckman W.A., Solar Engineering of Thermal Processes, 4th Edition, ISBN: 978-0-470- 87366-3 (2013).
[26] Abhishek Saxena, Ghanshyam Srivastava, Potential and Economics of Solar Water Heating, MIT International Journal of Mechanical Engineering, vol. 2, no. 2, pp. 97–104 (2012).
[27] Dejen Assefa, Techno-Economic Assessment of Parabolic Trough Steam Generation for Hospital, Addis Ababa University, vol. 9, iss. 2, pp. 35–39 (2011).
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Authors and Affiliations

Mustefa Jibril Taha
1
Fiseha Bogale Kibret
2
Venkata Ramayya
3
Balewgize Amare Zeru
4

  1. Control Engineering, Dire Dawa University, Ethiopia
  2. Sustainable Energy Engineering, Kombolcha Institue of Technology (KIoT), Wollo University, P.O.Box 208, Kombolcha, Ethiopia
  3. Sustainable Energy Engineering, Jimma Institue of Technology (JiT), Jimma University, Ethiopia
  4. Thermal Engineering, Jimma Institue of Technology (JiT), Jimma University, Ethiopia
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Abstract

Stevia rebaudiana Bertoni which has gained industrial and scientific interests is a suitable nutritional alternative to sucrose as a sweetener. Recently, there have been studies which show the extraction of this phytochemical substance from stevia leaves and purification methods by several alcohols and chromatographic methods. However, these methods are not cost-effective. Therefore, an attempt was made to extract and purify ST using inexpensive, scalable and simple techniques where different steps like extraction, electrocoagulation, ion exchange, activated charcoal, vacuum evaporation and butanol wash were used as purification steps. The present study established a new improved technology of extraction of ST from stevia leaves using water as a solvent followed by various purification steps. 496 mg of Stevioside extracted in the form of crystals was obtained from 100 g of leaves which is 10 times more than the reported yield of 54 mg from 100 g stevia leaves in literature. This methodology can be scaled up at the industry level for future large production to meet the huge demand for natural sweeteners.
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Authors and Affiliations

Jignesh Joshi
1 2
Alok Gautam
3 2
Shina Gautam
3 2

  1. Chemical Engineering Dept, Government Engineering College, Valsad, Gujarat, India-382424
  2. Gujarat Technological University, Chandkheda, Ahmedabad, 382424 Gujarat, India
  3. Chemical Engineering Dept, Shroff S. R. Rotary Institute Of Chemical Technology, Bharuch 393135, Gujarat, India
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Abstract

Gaston Milhaud rejects the principle of contradiction if it is conceived as an absolute and universal rule. He claims that it only holds in some narrowly defined circumstances. According to him, the greater is mental contribution to an act of cognition the more appropriate is the application of the principle of contradiction. My analysis of his views shows that he wanted to emphasize the differences between the objective reality and its mental or linguistic representations rather than undermine the logical principle of contradiction. Parallels can be noted between Milhaud’s views on contradiction and Leon Chwistek’s theory of the multiplicity of realities, as well as Kazimierz Ajdukiewicz’s concept of the cognitive role of language.

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Authors and Affiliations

Anna Jedynak
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Abstract

The principle of nullum crimen sine lege expresses an old idea that only the law can prescribe a particular act as punishable. It is commonly understood as a requirement of sufficient definiteness of an offence, in particular – of a statutory description of an offence before it has been committed (lex scripta, lex praevia), and of clarity and precision in criminal provisions so as to enable an individual to conform with them (lex certa), as well as their strict interpretation (lex stricta). Nowadays the principle is an internationally recognized human right to foreseeable criminalization, guaranteed by, inter alia, Article 7 of the European Convention on Human Rights. However, the European Court of Human Rights seems to formulate two slightly different requirements on its basis, namely that the application of criminal law must be foreseeable for an individual and coherent with the “essence of an offence”. One may question whether this can serve as an adequate “shield” from arbitrariness on the part of State authorities. Nevertheless, the core aim of such a flexible approach is not to promote legal security for potential perpetrators, but to achieve better protection of human rights in general.
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Authors and Affiliations

Aleksandra Rychlewska
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Abstract

Wrecks lying on the seabed pose a risk to both shipping and the marine environment and the interests of the country in whose area the wreck is located. This problem has been recognized internationally and resulted in the enactment of the Nairobi International Convention on the Removal of Wrecks under the auspices of the IMO. Under the convention, it is the ship’s registered owner who is financially responsible for removing the wreck from the seabed. In addition, the convention imposes an obligation to carry insurance or provide other financial security to cover the cost of removing the wreck. The interested state party will be able to make direct claims to insurers for claims related to the removal of the wreck. The scope of the convention covers the exclusive economic zone in principle, but it also contains optional provisions allowing its provisions to be extended to the territorial waters of the interested states.
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Authors and Affiliations

Dominika Wetoszka
1
ORCID: ORCID

  1. Katedra Prawa Morskiego, WPiA UG
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Abstract

This article attempts to discover the key elements of the democratic principle, as described by the judges sitting in Luxembourg and Strasbourg, whose case law reveals the underlying idea of democracy at the supranational level. Until recently the debate on democracy was limited to the national level. But things are changing, and this article shows the gradual emergence of a process led by supranational courts, in which the application of the democratic principle finds multiple grades and variations. In this way the supranational/international courts have opened a new chapter in the process of constitutionalization of international law.
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Authors and Affiliations

Stefania Ninatti
Maurizio Arcari
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Abstract

This article provides an overview of “memory laws” in Europe, reflecting upon what may be called the “asymmetry” of such laws. It then looks at the special case of Poland and its troubled experience with memory laws; it considers the question of whether, in the eyes of the law – genocide, and in particular the Holocaust – is so “special” that its public denials warrant legal intervention. It also looks at the case law of the European Court of Human Rights and its (not necessarily coherent) “doctrine” on memory laws and their consistency, or otherwise, with the European Convention for the Protection of Human Rights and Fundamental Freedoms (and in particular with freedom of expression as laid down in Art. 10). The article concludes by asserting that even if we take the law as an indicator of European public memory, there is no consensus on the past, except perhaps for the special case of the Holocaust. The main challenge lies in determining whether memory laws, defined by some as social engineering and the imposition of “imperative” versions of memory, are consistent with the principles inherent in open, democratic and free societies in Europe. This challenge remains unmet.
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Authors and Affiliations

Aleksandra Gliszczyńska-Grabias
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Abstract

Throughout the COVID-19 pandemic, numerous abuses of labour rights of seafarers have been reported within international community. Seafarers’ rights, stipulated in Maritime Labour Convention of 2006, were violated by bans on going ashore in harbours, as well as by abandonment by seafarers’ employers after the end of contracts, partly as a result of national lockdowns. The Convention, aimed at creating a comprehensive regulation on maritime labour issues, including medical care and health protection, proved to be insufficient to safeguard proper working conditions of seafarers. Consequently, it is necessary to evaluate implementation of the Convention in the period of pandemic, for the purpose of taking into account knowledge and best practice developed in this period in further amendments to the Convention.
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Authors and Affiliations

Filip Walczak
1

  1. Doktorant w Szkole Doktorskiej Nauk Humanistycznych i Społecznych Uniwersytetu Gdańskiego
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Abstract

The article presents reviews of the European Union regulation on reporting formalities for ships entering the EU ports. It also analyses IMO regulation concerning that matter. Finally, the author exposes the differences between both legal systems and weaknesses of the solutions adopted. In the second part of the article the author discusses the Polish way of the reporting formalities system’s implementation. On the basis of a legal analysis as well as practice of the maritime authorities in Poland, the author finds that the Polish regulations seem to be exemplary.

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Authors and Affiliations

Justyna Nawrot
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Abstract

In spite of modern trends in the development of the eastern Polesye flora, the relict have been preserved in the aquatic ecotopes of Europe, including eastern Polesye. The paper highlights the peculiarities of the distribution in the region of three aquatic Tertiary relics preserved by the Bern Convention. According to the results of a field research, the degree of a modern rarity of the aquatic relict species in eastern Polesye was established, in particular, a very rare species ( Aldrovanda vesiculosa), a moderately rare species ( Trapa natans) and a relatively rare species ( Salvinia natans). The current distribution of these relict species in the region has been positively affected by the increase in the values of maximum temperatures and isotherms of the summer months. A negative impact is made by the abrupt changes in the hydrological regime and the growth of anthropogenic eutrophication of reservoirs. Aldrovanda vesiculosa eliminates with minor changes in living conditions; Salvinia natans is the most tolerant to anthropogenic factors, but shows annual fluctuations in numbers; Trapa natans is stable distributed and has a tendency to expanding of its populations. The relics are the dominants of the Salvinio–Spirodeletum (polyrrhizae), Lemno–Utricularietum vulgaris, Spirodelo– Aldrovandetum vesiculosae, Trapetum natantis and Trapо–Nymphoidetum (peltatae) communities.
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Bibliography

Berta, J., 1961. Beitrag zur Ökologie und Verbreitung von Aldrovanda vesiculosa L. Biológia 16, 561–573.

Convention on the Conservation of European Wildlife and Natural Habitats, 1979, Bern, 89 pp.

Cross, A., Adamec, L., 2020. Aldrovanda vesiculosa. The IUCN Red List of Threatened Species 2020, https://dx.doi.org/10.2305/IUCN.UK.2020-1.RLTS.T162346A83998419.en.

Dubyna, D.V., 2006. Higher aquatic vegetation. Lemnetea, Potametea, Ruppietea, Zosteretea, Isoёto-Littorelletea (Eleocharicion acicularis, Isoёtion lacustris, Potamion graminei, Sphagno-Utricularion), Phragmito-Magnocaricetea (Glycerio-Sparganion, Oenanthion aquaticae, Phragmition communis, Scirpion maritimi). In: Shelyag-Sosonko, Yu.R. (Ed.), Phytosociocentre, Kyiv, 412 pp. (in Ukrainian).

Dubyna, D.V., Stoyko, S.M., Tasenkevich, L.A., Shelyag-Sosonko, Yu.R., Groudova, E., Gusak, Sh., Otyagelova, G., Erzhabkova, O., 1993. Macrophytes are indicators of changes in the natural environment. In: Sytnik, K.M., Geyny, S. (Eds), Naukova dumka, Kyiv, 436 pp. (in Russian).

Kamiński, R., 1987. Studies on the ecology of Aldrovanda vesiculosa L. I. Ecological differentiation of A. vesiculosa population under the influence of chemical factors in the habitat. Ekologia Polska 35, 559–590.

Kamiński, R., 2006. Restitution of the waterwheel plant (Aldrovanda vesiculosa L.) in Poland and determining the factors of its survival under a temperate climate (Restytucja Aldrovandy pęcherzykowatej (Aldrovanda vesiculosa L.) w Polsce i rozpoznanie czynników, decydujących o jej przetrwaniu w klimacie umiarkowanym). Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław, 105 pp. (in Polish).

Korchagin, A.A., 1976. Field geobotany. In: Lavrenko, E.M. (Ed.), Methodical guidance. Vol. 5. PH AS USSR, Moscow, 320 pp. (in Russian).

Lukash, O., 2007. Distribution, cenotic characteristic and protection of habitats of plants of the Bern Convention in eastern Polesye. Thaiszia – Journal of Botany 17, 33–58.

Lukash, O.V., 2008. The flora of the Eastern Polissia vascular plants: the history of the study, summary. Phytosociocentre, Кyiv, 436 pp. (in Ukrainian).

Lukash, O.V., 2009. The flora of the Eastern Polissia vascular plants: the structure and dynamics Phytosociocentre, Кyiv, 200 pp. (in Ukrainian).

Lukash, O.V., Rak, O.O., 2008. Salvinia natans (L.) All. in eastern Polesye. Plant introduction 1, 38–43 (in Ukrainian).

Lukash, O., Kirvel, I., 2018. The geographical structure of the flora of the eastern Polesye vascular plants. Słupskie prace geograficzne 15, 5–17.

Marković, G.S., Vićentijević-marković, G.S., Tanasković, S.T., 2015. First Record of Water Chestnut (Trapa natans L., Trapaceae, Myrtales) in Central Serbia. Journal of Central European Agriculture 16(4), 436–444.

Meusel, H., Jäger, E., Weinert, E., 1965. Vergleichende Chorologie der zentraleuropäischen Flora. I. Fischer, Jena, 583 pp.

Mucina, L., Büultmann, H., Dierßen, K., Theurillat, J.-P., Raus, T., Čarni, A., Šumberová, K., Willner, W., Dengler, J., García, R.G., Chytrý, M., Hájek, M., Di Pietro, R., Iakushenko, D., Pallas, J., Daniёls, F.J.A., Bergmeier, E., Guerra, A.S., Ermakov, N., Valachovič, M., Schaminće, J. H.J., Lysenko, T., Didukh, Y.P., Pignatti, S., Rodwell, J.S., Capelo, J., Webe,r H.E., Solomeshch, A., Dimopoulos, P., Aguiar, C., Hennekens, S.M., Tichý, L., 2016. Vegetation of Europe: hierarchical floristic classification system of vascular plant, bryophyte, lichen, and algal communities. Applied Vegetation Science 19 (S1), 3–264.

Rothmaler, W., Schubert, R., Went, W., 1986. Exkursionsflora für die Gebiete der DDR und der BRD. Band. 4, Kritischer Band. Volk und Wissen Volkseigener Verlag, Berlin, 811 pp.

Săndulescu, E.B., Scăeţeanu, G.V., Şchiopu, T., Oltenacu, N., M. Stavrescu-Bedivan, M.-M., 2016. Morpho-anatomy and adaptation to some Romanian aquatic environments of Nymphoides peltata (Gmel.) O. Kuntze (Asterales: Menyanthaceae). Scientific Papers. Series A. Agronomy 59, 537–542.

Saksonov, S.V., Senator, S.A., Koneva, N.V., 2011. Classification of relic plants of the central part of the Volga upland. Bulletin of the Samara Scientific Center of the Russian Academy of Sciences 13 (5), 64–67 (in Russian).

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Wamelink, G.W.W, Goedhart, P.W, Frissel, J.Y., 2014. Why Some Plant Species Are Rare. PLoS ONE 9(7): e102674, https://doi.org/10.1371/journal.pone.0102674.
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Authors and Affiliations

Oleksandr Lukash
1
Iryna Miroshnyk
1
Svitlana Strilets
1
Oleksandr Rak
2
Olena Sazonova
1

  1. T.H. Shevchenko National University “Chernihiv Colehium”, 53, Hetman Polubotko Str., Chernihiv, 14013, Ukraine
  2. M.M. Gryshko National Botanical Garden of the National Academy of Sciences of Ukraine; 1, Timiriazievska Str., 1, Kyiv, 01014, Ukraine
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Abstract

The anniversaries of the 1970 Warsaw and the 1990 2+4 Treaties give occasion to revisit the matter of minority protection in German-Polish relations. The interwar system established a problematic unevenness that tainted its acceptance, particularly from the Polish perspective. After 1990 the minority issues achieved an increased, albeit moderate, relevance in German-Polish relations. To some extent the 1991 Polish-German Treaty on Good Neighbourly Relations and Friendly Co-operation retains the unevenness of the inter-war period, as Art. 20(1) recognizes a German minority in Poland, but refuses to acknowledge a Polish minority in Germany. However, currently the thorniest issues concern various situations related to the “Silesians” in Poland, which the Polish government does not recognize as a protected minority under the European Council Framework Convention for the Protection of National Minorities.
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Authors and Affiliations

Andreas Kulick
1 2

  1. Dr. iur. habil., Senior Research Fellow, Eberhard Karls University Tübingen
  2. Visiting Professor, University of Potsdam
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Abstract

This article discusses the development of international law concerning the underwater cultural heritage (UCh), with particular emphasis on the 2001 UNESCO Convention on the subject. It attempts to set out the main legal solutions adopted in the 2001 Convention. however, in order to achieve this aim, it traces the genesis of the Convention and identifies the problems which prompted UNESCO to initiate the negotiations that ultimately led to the adoption of the 2001 Convention. hence, before analysis of the UNESCO treaty it firstly describes the initial phase of the development of law regarding UCh, which was mostly based on the national laws of particular coastal States, as well as in some instances on the laws of salvage. Subsequently, the article turns to the discussion concerning the (in)famous two provisions of the UN Convention on the Law of the Sea (UNCLOS) dealing with archaeological objects, as well as the efforts that were undertaken within the framework of the Council of Europe to adopt a convention on UCh.
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Authors and Affiliations

Konrad Marciniak
1
ORCID: ORCID

  1. PhD, Director, Legal and Treaty Department, Ministry of Foreign Affairs of The Republic of Poland
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Abstract

The article discusses the point of interconnection between historical policy and international human rights law standards on the example of a so-called decommunisation Act enacted in Poland in 2016 that reduces retirement pensions and other benefits to individuals who were employed or in service in selected state formations and institutions in 1944-1990, amending the Act adopted in 2009. The Act of 16 December 2016 is analyzed in the light of the standards of the European Convention on Human Rights (ECHR), including relevant standards on coming to terms with the past as an element of transitional justice. The examination concludes that there is a discrepancy between the rationale for adopting this legislation in Poland, namely to reckon with the communist past and as such increase social trust in state institutions, and the legal solutions contained in the 2016 Act.

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Authors and Affiliations

Anna Wójcik
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Abstract

Maritime law is being faced with developments in design and production of autonomous vessels. With the rise of new technologies different risks emerge while traditional cease to exist. This paper suggests possible scenarios in relation to development of law relating to unmanned vessels. Second part of the paper is dedicated to analysis of the IMO civil liability convention and its application to autonomous ships on the example of the CLC.

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Authors and Affiliations

Zuzanna Pepłowska-Dąbrowska
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Abstract

Nairobi International Convention on the Removal of Wrecks came into force on 14th April 2015 and has been ratified by now by over 40 states across the world (among them Australia, China, India, South Africa and most of the EU countries). The convention provides legal framework for action taken by the Coastal States aiming at removal of wrecks posing danger or impediment to navigation, as well as to the marine environment, or damage to the coastline or related interests of one or more States.

The Convention fills the existing legal gap by enabling the States to remove wrecks beyond their territories (as well as within if States decide so). Beside the existing international regulations like Intervention Convention or UNCLOS, the Nairobi Convention clarifies the Costal State’s rights to remove wrecks from its EEZ if they pose a danger for safe navigation or marine environment. The Convention corresponds with mentioned conventions but also equips Coastal States with new legal instruments to deal with hazardous wrecks beyond their territory. The aim of the paper is to analyse the new rights and duties of states, as well as scope of the notion of navigational and environmental threats causes by wrecks. It will refer also to regulatory problems faced by the states implementing the Convention. Even if the Convention is to be applied to territorial sea, its multiple provisions are not. Moreover, the Convention leaves many important aspects unregulated. Those issues will be analysed from the perspective of a country which has not yet ratified the Convention, and will be confronted with the experience from other jurisdictions.

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Authors and Affiliations

Justyna Nawrot
Zuzanna Pepłowska-Dąbrowska
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Abstract

The United Nations Convention on the Law of the Sea (UNCLOS), referred to as the “constitution of the seas and oceans”, established the legal regime of the seas and oceans. Under the United Nations Convention on the Law of the Sea, the International Maritime Organization (IMO) has a mandate as a global legislative entity to further regulate maritime issues on the basis of many of its provisions. IMO is explicitly mentioned in only one of the articles of UNCLOS, while several provisions of the Convention on the Law of the Sea refer to the ‘competent international organization’ in connection with the adoption of international rules and standards for shipping in matters relating to maritime safety and the prevention, reduction and control of marine pollution by ships. Bearing in mind the global mandate of the Organization as a specialized agency within the United Nations system established by the Convention on the International Maritime Organization, the expression ‘competent international organization’, when used in the singular in UNCLOS, applies to IMO. From 1973 to 1982, the International Maritime Organization actively participated in the work of the Third United Nations Conference on the Law of the Sea to ensure that the development of IMO instruments was in line with the fundamental principles of UNCLOS. By including in several IMO conventions provisions that clearly state that these conventions do not infringe the codification and development of the law of the sea in UNCLOS, many interpretation doubts have been minimized.
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Authors and Affiliations

Dorota Lost-Siemińska
1
ORCID: ORCID

  1. Międzynarodowa Organizacja Morska
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Abstract

This paper presents an analysis of electric vehicle charging station operation based on a dual active bridge topology. Two cases are considered: one with the use of a medium frequency planar transformer, the other with a conventional Litz winding transformer. An analysiswas performed using both solutions in order to compare the performance characteristics of the system for both cases and to present the differences between each transformer solution. The analysis was based on tests carried out on the full-scale model of an electric vehicle charging station, which is the result of the project "Electric vehicle charging system integrated with lighting infrastructure" realized by the Department of Drives and Electrical Machines, Lublin University of Technology. The results presented in the paper show that the conventional transformer used in the research achieved better results than the planar transformer. Based on the results obtained, the validity of using both solutions in electric vehicle charging stations was considered.
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Authors and Affiliations

Maciej Rudawski
1
ORCID: ORCID
Karol Fatyga
1
ORCID: ORCID
Łukasz Kwaśny
1

  1. Lublin University of Technology, ul. Nadbystrzycka 38d, 20-618 Lublin, Poland
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Abstract

The Polish Government’s proposal, submitted in autumn 2017, for a comprehensive reprivatisation bill revived the international discussion on the scope of Polish authorities’ obligations to return property taken during World War II and subsequently by the communist regime. However, many inaccurate and incorrect statements are cited in the discussions, e.g. the argument that the duty of the Polish authorities to carry out restitution is embedded in the European Convention on Human Rights and its Protocol No. 1. This article challenges that claim and analyses the jurisprudence of the Convention’s judicial oversight bodies in cases raising issues of restitution of property taken over in Poland before the accession to both of the above-mentioned international agreements. In the article I argue that there is no legal basis for claiming that there exists a legal obligation upon the Polish State stemming directly from international law – in particular human rights law – to return the property and that the only possibly successful legal claims in this regard are those that can already be derived from the provisions of the Polish law applicable to these kinds of cases. In its latest rulings, issued in 2017–2019, the European Court of Human Rights determined the scope of responsibility incumbent on Polish authorities in this respect.

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Authors and Affiliations

Aleksandra Mężykowska
ORCID: ORCID
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Abstract

Among UN human rights treaty bodies that have the competence to examine inter-state communications, only the Committee on the Elimination of Racial Discrimination (CERD) has had the possibility to develop its case law in this regard (as of 2020). One of these cases – submitted by the State of Palestine against Israel – resulted in a controversy arising from the respondent state’s declaration excluding any treaty relations between Palestine and Israel, the latter considering the former “a non-recognized entity.” The present paper analyses the CERD’s decision of 12 December 2019 in which the Committee found that it had jurisdiction to hear the inter-state communication. The author argues that while invocation of the “special character” of human rights obligations constitutes a powerful argument in judicial discourse, this should not lead to (re)opening debates on self-contained regimes and alienating human rights treaties from the norms and principles of general international law. At the same time, there are also valid reasons to perceive the obligations enshrined in the ICERD as being of a specific and erga omnes character.
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Authors and Affiliations

Michał Balcerzak
1
ORCID: ORCID

  1. Associate Professor (dr. hab.), Nicolaus Copernicus University (Toruń, Poland)
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Abstract

As many as three international disputes containing allegations of infringement of the International Convention on the Elimination of All Forms Racial Discrimination (ICERD) have been brought before the International Court of Justice (ICJ), thus contributing to the number of cases allowing the Court to pronounce itself on the international human rights law. Even though none of the cases invoking violations of ICERD has been (yet) adjudicated on the merits, they have already provided an opportunity to clarify (at least in part) the compromissory clause enshrined in Art. 22 of ICERD, as well as to tackle some other issues related to provisional measures ordered by the Court. This article discusses the ICJ’s approaches to the application of ICERD in the three above-mentioned cases, while posing the question whether indeed the 1965 Convention can be useful as a tool for settling inter-state disputes. The author claims that ICERD and the broad definition of “racial discrimination” set out in its Art. 1 constitute cornerstones for the international protection of human rights, though the recourse to the procedures provided in Art. 22 of ICERD – vital as they are – should not necessarily be perceived as a better alternative to the inter-state procedures and the functions exercised by the UN Committee on the Elimination of Racial Discrimination (CERD).

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Authors and Affiliations

Michał Balcerzak
ORCID: ORCID
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Abstract

The main reason behind the development of the International Safety Management Code was a series of tragic maritime accidents at the end of the twentieth century caused by human error. The ISM Code has introduced a brand new instrument, the safety management system (SMS), to the set of already existing legal devices, established to ensure safety during ship operation. Properly applied and implemented within the shipping company, SMS can be an advantage that will not only result in a measurable increase in the level of safety, but will also result in cost optimization and an increase in the company’s reputation. However, if an SMS is conceived without commitment and conviction on the part of the management, it will be only an empty and façade, bureaucratic procedure that will not only fail its purpose, but will also only be an additional burden for all staff. The following article will present the characteristics of SMS and its impact both on the broadly understood safety in the shipping company, and including vessels in its fleet, moreover the requirement of the efficiency of SMS procedures specified in shipboard manual for each vessel will be emphasized, which is the need to create a new safety culture.

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Authors and Affiliations

Michał Małczyński
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Abstract

A 100 km long dense wavelength division multiplexed optical network design with a capacity of 1.28 Tbps is proposed in this paper. The novelty of this work is the use of a dispersion compensating fibre as a Raman amplifier in the S-band for a high-capacity dense wavelength division multiplexing network. The transmission is accomplished auspiciously in the wavelength range from 196 THz to 202. 35THz. The coupling of a Raman amplifier made the realisation of the S-band possible in the network, as the erbium-doped fibre amplifier is competent for amplification in C- and L-bands only. Further, a pump coupler is used for multiple pumping to enlarge the gain spectrum for a high-capacity optical network. The performance analysis of the network is carried out systematically in terms of bit error rate (BER), eye diagram, Q-factor, and optical signal to noise ratio (OSNR). The results demonstrate that the proposed set-up shows adequately low BER, sufficient Q-factor values, wide eye-opening, and commendable OSNR for all receiving channels.
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Authors and Affiliations

Baseerat Gul
1
ORCID: ORCID
Faroze Ahmad
1
ORCID: ORCID

  1.  Department of Electronics and Communication Engineering, Islamic University of Science and Technology, Kashmir, India

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