This article is devoted to current practices concerning the application of general principles of law in the light of their function in the international legal system. As a means of the application and interpretation of both treaty and customary law, general principles of law perform a crucial function in the system of international law, which is understood as set of interrelated rules and principles – norms. The role played by general principles of law in the international legal order has been discussed by academia for years now. Initially they were used to ensure the completeness of the system of international law. However, at the current stage of development of international law, when many of them have been codified, they are usually invoked by international courts for the interpretation of treaties and customary law and/or the determination of their scope. This means that despite their ongoing codification they do not lose their character as general principles and are still applied by international courts in the process of judicial argumentation and the interpretation of other norms to which they are pertinent. References by international courts to general principles of law perform the allimportant function of maintaining the coherence of the international legal order, which is faced with the twin challenges of fragmentation and the proliferation of international courts.

This article presents the Polish practice of promulgation of international agreements since the end of World War II. It shows that the practice is at variance with the law and makes it difficult to determine the current legal situation vis-à-vis international agreements in Poland. In the conclusions the author puts forward de lege ferenda proposals which could improve the Polish promulgation practice.

In the 21st century ageism is becoming the most widely spread phenomenon. It has become so extensive that presently many more seniors in Europe are exposed to ageism than other people to sexism or racism. Contrary to other vulnerable groups, the elderly do not enjoy any binding instrument that could protect them and their dignity against ageism in the same way that women and racial groups are protected against sexism and racism. Unfortunately, the UN General Assembly resolution, supposed to be a first step to drawing up such a convention, was adopted with a significant number of abstentions, leaving the fate of a potential treaty on the rights of the elderly uncertain. On the other hand, in 2014 the Committee of Ministers of the Council of Europe adopted a new recommendation, and in June 2015 members of the Organisation of American States adopted a treaty protecting the elder’s rights. Taking into account these new circumstances, the idea underlying this article is to investigate the ability of international instruments to limit ageism and protect older persons’ dignity, as well as to indicate existing gaps.

International law reflects systemic conditions compatible with its essence, which means that a space must exist inside the borders of that order for the presence of the phenomenon of general principles. The assumption that international law is a legal system ipso facto means that general principles must exist within its borders. A general principle of law is a necessary element of every legal order. It is a form and a tool in which the efforts of the individual seeking to comprehend a given phenomenon are materialized through imposing order on it rather than by breaking it down into unconnected and independent elements. Since law is an expression of order, law therefore applies general principles. The systematicity of law, and therefore of international law as well, creates the primary source of the binding force of any norm. Considerations of natural law or positive law justifications for the presence of general principles in international law are of little consequence, as the source of general principles is the systemic nature of the law. Order and hierarchy are part of the rationalized system in which norms of law present themselves. This dependency applies also to norms of international law. The role of the judge is to fill in the appropriate normative content (general principles) in fields constituting at one and the same time both a necessary element and a consequence of the systemic character of the international legal order. Within this context the principle of good faith constitutes one of the bases for considerations concerning the extent of the international legal order. The extent of international law reaches as far as the extent to which evidence of good faith are present among the subjects of international law. The impossibility of describing relations between two states by the use of the determinants of good faith, translated in turn into a normative general principle, determinates the limits of international law.

In this article, I present a proposal for an international law-based formula for mediating territorial conflicts and apply it to the case of Crimea in Ukraine. Although the tragic Russian attack which commenced on 24 February 2022 has made the mediation even more difficult, once a ceasefire is achieved my formula is capable of providing legally solid compromises to the Ukrainian territorial questions that fit into the contemporary international legal framework concerning territory. Naturally, any realistic solution will require concessions on the part of all stakeholders (primarily Crimea, Ukraine, and Russia). In short, the formula offers for Ukraine the return of its territorial integrity, for Crimea internal self-determination in the form of a meaningful territorial autonomy, and for Russia a few indirect perks and guarantees, mostly related to a possible demilitarization of the Crimean Peninsula. The analysis can also be useful for Donbas, for which the formula offers recognition of some limited autonomous rights.

This article aims to present the issues related to the legal framework for conducting economic activity in the form of marine aquaculture, consisting of farming marine organisms. The work analyses mainly selected the regulations of international law because it is these regulations that shape the rights and obligations of states, producers, farmers and society in the field of ocean farming, as well as in the context of marine resources, which are undoubtedly a common good for all mankind. The author also discusses the legal status of maritime areas in which aquaculture is cultivated.

Law is grounded in time and is constantly shaped by historical circumstances. Treaties, produced by voluntary acts at a given point in time, remain generally in force without a formal endpoint, while customary law arises from practice and lacks specific points of departure and conclusion. Through the practice of their application, both treaties and customary law may change their content and meaning to a far greater extent than domestic rules. Generally, international law resists retroactive application. However the recognition of sovereign equality to all States in the process of decolonization represents an example of profound change. While the problems deriving from armed conflict and former colonial domination must be assessed by the standards of their epoch and not by having recourse to the rules and principles of our time, at the same time it must be borne in mind that many of the acts considered perfectly lawful when they occurred were marred by deep injustices, producing effects which need to be addressed by the law of our time.

This article examines the idea of cross-currents in international law, which was proposed almost a century ago by Ludwik Ehrlich. First the theoretical background of this idea is provided, with the focus on Albert Venn Dicey’s assumption that there are fundamental differences in public opinion influencing the legislative process. The development of the crosscurrents concept is given through the prism of the evolution of Ehrlich’s ideas. The article illustrates some aspects of his legal philosophy, which describe the scholar as broad-minded, innovative, and deep-thinking. Four dimensions of cross-currents in international law are discussed: (1) the existence of norms originating from different periods; (2) variations between states in their recognition and interpretation of them; (3) fulfillment of abstract norms; and (4) inconsistencies of theory and practice. They contribute to approximating a fully coherent international law serving as the ideal in comparison to a heterogeneous, contradictory, fragmented one, as is frequently observed at the present time. The idea of cross-currents might be helpful in accepting the view that some of the incompatibilities between the rules and principles of international law are inevitable and do not cause harm to international legality.

There are different meanings and functions of what is called a “general principle of law.” This article seeks to address their importance as the basis for the systemic integration of the international legal order. When international law is considered as a legal system, its normative unity and completeness seems essential. This article argues that general principles of law are a necessary, although less visible, element of international legal practice and reasoning, which secure the systemic integration and long-lasting underpinnings of international law. In this sense they may be seen as the gentle guardians of international law as a legal system.

The concept of family reunification is well established in contemporary migration laws, at both the national and international levels. Focusing on international and EU law, in this article I argue that while existing provisions on family reunification are formulated in neutral language, from the gender point of view the enforcement of these substantively neutral rules may, in certain situations, result in discrimination, or at least bring about negative consequences, with respect to women in cases both when they are the sponsors of migration or the bearers of consequences of male migration. Following presentation of the international legal framework on family reunification and the relevant international jurisprudence, I deal with some rather common aspects relating to the personal scope of family reunification regulations, covering only the issues of who can, and who cannot, join their family member(s)/sponsor(s) in a foreign country (i.e. the unmarried minor rule, excluded forms of marriages – polygamous and forced marriages - and age limits). Some procedural aspects of family reunification are then dealt with (waiting periods, delays in proceedings, and end of a relationship as a cause for termination of residence rights.). These issues are examined with respect to concerns that they may cause indirect, or even direct, gender discrimination in some cases, while in others they may affect women more negatively than men.

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.

This article discusses the classical question whether general principles of law form a separate source of international law. To this end it adopts the method of a posteriori analysis, examining the normative nature of various principles of law one by one. This analysis leads to the conclusion that only some principles have a normative nature, while others lack it.

The present article combines some reflections on the late Prof. Janusz Symonides’ most interesting book on the concept and role of effectiveness in international law (Zasada efektywności w prawie międzynarodowym, UMK, Toruń: 1967), with reflection over the anniversaries of the most important Polish-German treaties which not only constituted the basis for bilateral relations between Poland and Germany, but were also of importance for East-West relations. The analysis that follows deals mostly with the significance of effectiveness in the context of boundaries and their recognition, as well as with nationality. The article shows that most of the concepts and ideas of Prof. Symonides still remain actual today.

Yearbooks of international law are publications common to many countries. The present contribution aims at presenting the argument that the yearbooks in the Visegrád countries play an extremely important role for the national academia and its identity and visibility in the globalized world. The argument is justified by an excursion to the common history of the academia in these countries, in particular during the years of communist régime and the transformation in the 1990s. The lack of specialized journals and other publications on international law in English, together with the internal and external stress on publication activities, makes them very precious.

On 1 March 2020, Professor Andrzej Wasilkowski died. In his research, Professor Wasilkowski undertook issues which were co-creating the mainstreams of legal debates all over the world. He was an author of valuable publications on the relationship between international law and Polish domestic law. Professor Wasilkowski was also a director of the Institute of Law Studies of the Polish Academy of Sciences and the head of the Legal Advisory Committee of the Minister of Foreign Affairs.

The international community has repeatedly committed to the implementation of the Women, Peace and Security Agenda (WPS) initiated by UN Security Council Resolution 1325. Yet progress on the ground has been slow and sporadic, which can also be seen in the Ukrainian peace process starting from 2014. This article looks at the different areas of inclusion of women in both policy and practice, in order to highlight the existing discrepancies and draw attention to the need to improve the international community’s approach to inclusion. The role of the different international actors (e.g. UN, EU, NATO, OSCE) is assessed in terms of their contribution to or emphasis on the need for inclusion. The article also aims to illustrate how international law and policy can be utilised by civil society activists in order to implement inclusion in practice, thereby highlighting the potential for international legal norms to positively impact enhancement of the position of women in (post)conflict situations around the world.

In light of contemporary circumstances, on the 30th anniversary of the Nicaragua judgment it is worth revisiting and considering again certain legal problems decided by – and raised by – the ICJ judgment. This article addresses the importance of the judgment in terms of international legal regulations on the use of force. First and foremost, the article examines the concept of armed attack based on the “gravity” criterion elaborated by the Court and the exercise of the right of self-defence. Moreover, the relationship between customary international law and treaty law, as well as forcible counter-measures and military actions against non-State actors are also discussed in the article. It is argued that the “gravity” criterion used by the ICJ seems controversial and, consequently, may limit the right of self-defence. On the other hand, however, the judgment established a strong barrier to the realization of individual political interests by militarily powerful States. This is the Nicaragua judgment’s long-lasting legacy. In this sense the judgment has stood the test of time.

This article analyses the relationship between the Court of Justice and other international jurisdictions. In particular, it addresses the following question: To what extent is the Court of Justice ready to accept that some aspects of EU law are subject to the jurisdiction of an international body? The answer to this question requires analysis of the precise scope of the principle of autonomy of EU law as this principle could potentially constitute grounds on the basis of which the Court of Justice excludes the transfer of judicial competences to external bodies. For this reason, the article refers to the most important decisions in the field: Opinions 1/91 and 1/92, Opinion 1/09, Opinion 2/13, judgment in C-146/13 Spain v. Parliament and Council and judgment in C-284/14 Achmea. It also discusses the consequences of the application of Article 344 TFEU.

The Western boundary of Poland was established by the Potsdam Agreement of 1945 and confirmed by the Boundary Agreement between Poland and the GDR of Gőrlitz of 1950. Poland exercised administration with respect to the adjudicated territories, but she made efforts to get the boundary recognized and confirmed by the FRG. This happened on the basis of the Warsaw Treaty of 1970. Boundary treaties are usually considered as objective regimes. It is disputable whether the Warsaw Treaty of 1970 can be classified as such a regime.

This article is an attempt to identify the essence of new positivism, described by Ludwik Ehrlich as a method of interpretation of international law. The evolution of his views on international law is examined with respect to the place of this method from the beginning of 1920s until his retirement in 1961. The article expounds on both the theoretical and methodological aspects of new positivism, according to which judicial decisions should be taken into account in addition to international treaties and customs for the determination of international law. The question of the obligatory force of international law is discussed as being related to the principle of good faith, which is at the core of Ehrlich’s views on international law. The article offers suggestions on how the method of new positivism might be used and what tasks it can fulfil today. It also makes an attempt to critically analyse Ehrlich’s method and to characterize it both in general and in the context of the theory of international law.

The present text describes the attitude toward sources of law in the recent works of the International Law Commission (ILC) on custom, general principles of law, and jus cogens (with special emphasis on reports of the respective special rapporteurs). The three main tasks of the text are to verify whether the ILC rapporteurs: grasped the essence of unwritten sources (reality-concern); preserved the coherence of views when referring to different topics (coherence-concern); and last but not least allow states to have the decisive voice as regards the set of their obligations (sovereignty-concern). The author notes the nominal strict attachment of the ILC to two-element nature of custom as a general practice recognized as law. Though in fact it should be a good message for states, this strict attitude of the ILC seems not to be based on a real stress test. It seems to ignore the reality of lawyers and even international judges referring to several customary norms without the slightest attempt to verify the true existence of both the two elements of custom – namely practice and opinio juris. What is more, the ILC does not see any problem with calling all general principles as sources of law. What is overlooked is the element of state consent to be bound by several presumed general principles. This is qualified by the author as a threat to state sovereignty – with states being pressured to follow some patterns of conduct to which they have not given their consent.

This article provides an overview of the approach taken by the International Court of Justice and its predecessor, the Permanent Court of International Justice, to questions of municipal law. Beginning with an outline of the theoretical framework, it discusses the conventional position that domestic law is a factual issue for the Court, before considering the ways in which the two Courts have utilised municipal law. It also considers to what extent the Court employs domestic law in ascertaining international legal rules.