About this Book

This book is a collection of essays dedicated to Professor Władysław Czapliński on the occasion of his 70th birthday.

For over 30 years, Professor Władysław Czapliński has been professionally associated with the Institute of Law Studies of the Polish Academy of Sciences, where he served as Director from 2004 to 2016, and where his most important works were written.

It aims to capture the breadth of his interests and the depth of his scholarship. The essays within, written in English, French and Polish, are contributions from his colleagues, friends and former students. Many authors raise general, classic questions of international law: the foundations of the contemporary international legal order (Stephan Hobe and María Isabel Torres Cazorla), jus cogens (Maurizio Arcari and Beatrice Bonafé), customary international law (Chun-i Chen), the general principles of law (Artur Kozłowski and Monica Lugato), the fragmentation of international law (Ewelina Cała-Wacinkiewicz), neutrality (Michał Kowalski), force and its use in international law (Dino Kritsiotis), formal sources of the protection of international human rights (Roman Kwiecień), the art of interpreting treaties (Anna Wyrozumska), recognition (Brad R. Roth), non-contractual liability of the State (Maja Seršić) and compensation schemes in international law (Pavel Šturma).

Other authors in turn raise the issue of international justice. Wojciech Sadowski refers to a general problem of separate opinions, whilst other texts deal with the functioning and case law of the International Court of Justice (ICJ), the European Court of Human Rights (ECtHR) and the International Criminal Court (ICC): locus standi before the ICJ (Patrycja Grzebyk), interim measures implemented by the ICJ (Peter Hilpold), obligations of States in the context of the crime of genocide in the case law of the ICJ (Karolina Wierczyńska and Szymon Zaręba), the international responsibility of States under the European Convention on Human Rights (Michał Balcerzak), the right to cultural heritage in the case law of the ECtHR (Andrzej Jakubowski), the possibility of denouncing the ECHR (Ireneusz Kamiński), interim measures adopted by the ECtHR (Bernard Łukańko) and the application of international law by the ICC (Peter Kovács).

A range of essays address specific issues of international law that align with the Jubilate’s research interests: the status of the International Labour Organization (Shotaro Hamamoto), the UN Security Council and climate change (Bartłomiej Krzan), the protection of personal data in international law (Nikolay Marin), disharmony in the international protection of the human rights of older LGBT people (Barbara Mikołajczyk), the right to migrate (Roman Wieruszewski) and the veto power in the United Nations (Salvatore Zappalà). Some authors discuss issues related to maintaining peace or reactions to the use of force in international relations: collective security (Louis Balmond), the Uniting for Peace resolution (Agata Kleczkowska), international trade (Jerzy Menkes and Marcin Menkes), unilateral measures (Cezary Mik), the regionalization of disarmament initiatives (Anne Millet-Devalle) and the use of nuclear weapons (Vilenas Vadapalas). A separate theme illustrating Władysław’s interests is Polish–German relations (Dagmar Richter, Jan Barcz and Stefan Oeter), as well as issues of EU law that intersect with traditional international law: the EU’s contribution to the development of international humanitarian law in the context of Russia’s full-scale aggression against Ukraine (Dagmara Kornobis-Romanowska), the EU’s smart sanctions against Russia (Krystyna Kowalik-Bańczyk), the concepts of supremacy, primacy and the rule of law in EU law (Jerzy Kranz), EU criminal law (Monika Szwarc) and the preliminary ruling procedure of the Court of Justice (Krzysztof Wójtowicz).