Pécs journal of international and European law

Clauses Providing Possibility of Choice in International Treaties

2023-11-27T14:56:06+01:00

The use of clauses that provide possibility of choice is explicitly permitted in the law of treaties, whereby international treaties can provide the contracting states various ways to shape the content of the agreement according to their national needs and interests. Although these clauses can be found in many international treaties, they have not been examined in detail so far. In order to remedy this deficiency, the paper gives a definition for the clauses, presents the examples found in international treaties, creates a categorisation of these examples, analyses the rules governing the application of the clauses and examines the limits of their application. With the help of these issues, the study aims to provide an insight into the specific features of these provisions, the mechanisms by which they operate and to reveal the reasons of their use.

The Articles on the Responsibility of International Organisations – Still Up in the Air after More Than a Decade?

2023-11-27T14:58:08+01:00

The responsibility of international organizations for internationally wrongful acts is a complex issue of international law – a situation that was meant to be changed by the Articles on the Responsibility of International Organisations (ARIO, 2011). Yet the status of the ARIO remains disputed in theory and practice: it is difficult to say whether it qualifies as customary law or rather the progressive development of the law. This paper outlines some of the most important conceptual frameworks regarding this subject, providing insight into the corresponding questions of interpretation.

Norms of the Council of Europe in the Postsoviet Space: National Minorities in the Republic of Armenia and the Framework Convention for the Protection of National Minorities

2023-11-27T15:02:10+01:00

The present paper includes activities of Framework Convention for the Protection of National Minorities (FCNM), which is Europe’s most comprehensive treaty protecting the rights of persons belonging to national minorities in the territory of South Caucasus focusing on The Republic of Armenia. The paper the instruments and mechanisms of protection of national minorities in the
republic. It aims to analyze FCNM monitoring cycles, focusing on recommendations by Council of Europe and Reports by the government of the Republic of Armenia as well as Opinions by Advisory Committee of FCNM, considering the influence of Constitutional amendments of 2015 and the “Velvet Revolution” of 2018 in the Republic of Armenia if they are. The paper helps to understand the causes of problems in fulfillment of obligations undertook by the Republic of Armenia in the sphere of national minority protection.

The Final Frontier: responsibility of international organizations for outer space activities

2023-11-27T15:05:23+01:00

The responsibility of international organizations for internationally wrongful acts is by no means a field of international law that is ruled by consensus even on the level of the most basic norms of responsibility. This confusion is even more prevalent when an international organization acts in outer space. International law applicable for outer space activity is sometimes regarded as lex
specialis to general norms of responsibility without much further considerations. The aim of this contribution is to examine whether this statement has merit, in light of the Outer Space Treaty and the Liability Convention and the Articles of the Responsibility of International Organizations drafted by the International Law Commission. Based on a theoretical analysis––due to the lack of practice––, it can be concluded, that the joint and several responsibility regime created by the Outer Space Treaty, and the liability and––at the same time––international responsibility system of the Liability Convention are indeed lex specialis and this responsibility is by default shared in nature. This conclusion is valid only for damage caused by illegal space activity by space objects on the surface of the Earth and to aircraft in flight.

Between morality and discrimination by public administration: the case of so-called ‘LGBT free zones’ in Poland

2023-11-27T15:06:59+01:00

In recent years in Poland, local authorities were eager to express their views on ideological and moral issues. These statements were not mere declarations of a group of councilors (politicians) but administrative rule-making. The so-called LGBT-free zones have gained particular attention within the EU borders and abroad. These resolutions are of mixed i.e. normative and political characteristics. Moreover, the contribution seeks an answer to whether there is a legal basis for issuing such a resolution and whether it complies with EU law and the case law of the CJUE and ECHR. The analysis also covers a judicial review of resolutions issued by municipalities. Finally, it was described how the activities of the Polish accountability network contributed to a shift in EU policy regarding the protection of underrepresented groups.

The right to translation in the criminal procedure and the meaning of essential documents – three recent cases of the European Court of Justice in the field of criminal cooperation between Member States

2023-11-27T15:09:46+01:00

The case note concerns three preliminary rulings of the European Court of Justice (hereinafter referred to as ECJ). Case C-242/22 PPU TL, C-338/20 Prokuratura Rejonowa Łódź-Bałuty and case C-278/16 Sleutjes each concerned the right to translation in the criminal procedure and legal remedies in the event of not providing that right. Thus, the basis of adjudication of the cases was Directive 2010/64/EU of the European Parliament and of the Council on the right to interpretation translation and in the criminal proceedings. The case note sheds light on the deficiencies of the Directive which are the consequences of the legislative technique applied in this legislative instrument, namely that Member States retain great discretion in implementing its often-vague regulations on the right to translation. However, through the preliminary ruling procedure, the ECJ clarified the meaning of the essential document which is subject to translation according to the Directive, found that a final decision shall be considered a judgement even if formally it is not, and finally, it set out the essential parts of a judgement or other decision that are subject to translation for the purpose of safeguarding the right to a fair trial.

Editorial: In this issue

2023-11-27T14:54:53+01:00