Protection of Human Rights
in International Investment Arbitration
Article describes significance of human rights norms in international investment
arbitration. Firstly, two theoretical issues are analyzed: nature of investor rights
in international investment law and methods of importing human rights norm to
investment arbitration. As regards the latter three methods were singled – systemic
interpretation, analogy and comparative argument. Importance of this part
flows from the fact that on the one side investment tribunals seems to consider
impossibility of taking into account human rights norm when adjudicating on
the basis of investment treaty, and on the other side occasional invocation of
human rights jurisprudence by these tribunal without any explanation whether
such invocation is legally possible. Secondly, different kind of using human rights
in investment arbitration are presented: as a sword when invoked by investor, as
a shield when invoked by a host state and as a double shield when invoked by
amicus curiae. In conclusion it is stated that there exist legal techniques of bringing
before investment arbitral tribunal human rights norm as an applicable law
nevertheless often they are not used appropriately by parties and in consequence
they are rarely taken into account in jurisprudence.

Załączniki:

Kulaga.pdf

308 kB

Accelerated Safeguard Proceedings
in France as an Example of an Efficient
Regulation
The article presents the shortcomings of Polish restructuring proceedings compared
to the so called accelerated safeguard proceedings – a legal tool enabling
French entrepreneurs to avoid bankruptcy. Polish regulations on restructuring
proceedings are virtually a dead letter, as entrepreneurs are discouraged by complex,
vague provisions of law, high costs of the proceedings as well as by the fact
that they have very little time to prepare their restructuring proposals. Compared
to Polish regulations, accelerated safeguard proceedings set forth by French law
are faster and more efficient than the traditional restructuring proceedings. If
similar legal provisions were adopted in Poland, they would likely revive the Polish
restructuring proceedings, currently unpopular due to their inefficiency. The
French accelerated safeguard proceedings are presented as a model of regulations
which may become an inspiration for Polish legislators.

Załączniki:

Kielczawa.pdf

217 kB

The Right to Refuse to Act Against Own Conscience – Example of Medical Doctor
The subject of this paper is the analysis of the right to refuse to act against one’s conscience in the light of the constitutional perspective. It will focus especially on the role and shape of the so‑called conscience clause as a right of medical doctor. The author will start from general points and subsequently analyze the topic on normative level, taking into account the relations between statutory and constitutional norms.

Załączniki:

Bosek.pdf

201 kB

The Prohibition of Ritual Slaughter
as an Example of Infringement
of the Constitution‑guaranteed
Freedom of Religion. Modern
and Historical Context
In Poland, the current dispute flared up around the ritual slaughter, both Jewish
(shechita) and Muslim (halal), as inhumane method of killing animals, thereby
rendering them unnecessary suffering. The prohibition of ritual slaughter – as an
example of unacceptable interference of the state in the Constitution‑guaranteed
freedom of religion – has a wider dimension. It turns out that modern European
liberal and democratic state of law has some trouble with a clear definition of
such concepts as “religious freedom” and “independence of churches and religious
associations”. This is due to the increasingly progressive ideologies of the modern
state, which with reluctance, if not hostility, refer to the religious communities,
that live according to the principles of revealed truth. Increasingly widespread
belief becomes a fact that every religious community may make its own rules
arising from religious orders, but only if they do not go beyond the principle of
equality before the law, lifestyle choice or equality between women and men.

Załączniki:

Dziadzio-1.pdf

187 kB