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Abstract

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.

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Authors and Affiliations

Andrii Hachkevych
ORCID: ORCID
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Abstract

Is the confrontation in Ukraine Putin’s war, or also that of the Russian nation? Can the crimes of the Russian state be hidden in the shadows of Tolstoy or Tchaikovsky?
This article distinguishes between the guilt or responsibility of individuals (criminal, political, moral); the international legal responsibility of states; and finally the political, moral, and historical responsibility of nations. In the legal or moral sense, guilt must be individualized. However, the extralegal (political, moral and historical) responsibility (not regulated by law) affects the whole nation and concerns responsibility both for the past and for the future. Nevertheless, if the nation is deemed entirely responsible for the actions of the state or of some national groups, it is not about attributing guilt to the whole nation, but about the collective recovery of the sense of humanity.
Thus, suggesting the guilt of the entire nation is based on a misunderstanding. But if the responsibility does not imply guilt, neither does the lack of guilt imply the lack of responsibility. By definition, the moral and political responsibility of the nation does not take a legal (judicial) form. Other forms and instruments are applicable here. In this context such terms as regrets, forgiveness, shame, apologies, or reconciliation appear. Such actions, based on fundamental values, require political courage, wisdom, and far-sightedness.
The passivity of the social environment favours the perpetrators of crimes. but does not release the other members of the nation from moral responsibility, and in particular from the obligation to distinguish good from evil. Not all Russians are guilty of crimes, but they all (whether guilty or innocent) bear some moral and political responsibility.
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Authors and Affiliations

Jerzy Kranz
1

  1. Kozminski University
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Abstract

The issue of war reparations was a subject of controversy in Polish-German relations for a long time. This was due to the position of the Federal Republic of Germany that this issue had been deferred to the moment of German unification. The German concept of reparations also included the individual claims of Polish victims of National Socialism (Nazism). The case for interstate reparations from Germany to Poland was closed as a result of the Polish waiver of 1953, while the issue of individual compensation for Polish victims was symbolically resolved as a result of agreements between Poland and the Federal Republic of Germany only in 1990 and 2000. The scope and amount of any new payments depends on the agreements of particular countries or organizations with the Federal Republic of Germany. As long as the victims are still alive, new pragmatic solutions should not be ruled out.
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Authors and Affiliations

Jerzy Kranz
1 2

  1. Kozminski University (Warsaw)
  2. former ambassador in Germany and Undersecretaryof State at the Ministry of Foreign Affairs

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