Adam Mickiewicz University Law Review <div style="text-align: justify;"> <p><em>Przegląd Prawniczy Uniwersytetu</em> <em>im. Adama Mickiewicza / Adam Mickiewicz University Law Review</em> (PPUAM/AMU LR) is a general peer-refereed journal designed to contribute original papers on theoretical, interdisciplinary, comparative and doctrinal oriented inquiries into the legal sciences published by the Faculty of Law and Administration of the Adam Mickiewicz University. The journal seeks to take a broad approach to legal scholarship, publishing articles which cover issues from all branches of law. The Editorial Board of the journal welcomes original contributions in international and domestic law, with a special emphasis on the domestic legal systems of the European states, the theory and philosophy of law, and legal history.</p> <div>There are no fees for submitting an article to <em>Przegląd Prawniczy im. Uniwersytetu Adama Mickiewicza</em> / <em>Adam Mickiewicz University Law Review</em>, for the editorial process, or for final publication.The journal provides immediate, open access under CC BY-NC-ND 4 International License to all its content, in accordance with the principle that freely available research increases and accelerates global scientific development and the exchange of knowledge.</div> <div> </div> The editorial board of the journal welcomes new proposals for articles written in English every year until May the 15th.</div> <div style="text-align: justify;"><br /><br /></div> <ul class="oczasopismie"> <li class="show"><a href="">ABOUT THE JOURNAL</a></li> <li class="show"><a href="">CURRENT ISSUE</a></li> <li class="show"><a href="">ARCHIVES</a></li> </ul> <div class="oczasopismie"><strong><strong>INDEXED IN: <br /></strong></strong><a href="">DOAJ</a>, <a href="">ERIH PLUS</a>; <a href=";from_ui=yes">Crossref</a>, Central European Journal of Social Sciences and Humanities, Central and Eastern European Online Library, Adam Mickiewicz University Repository, Google Scholar, Index Copernicus.<strong><strong><br /></strong></strong></div> <div class="oczasopismie"><strong><br /></strong><strong>JOURNAL METRICS:<br /></strong>Ministry of Education and Science 2021: <strong>40<br /><br /></strong></div> <div class="oczasopismie"><strong>DOI </strong><a href="">10.14746/ppuam</a></div> <div class="oczasopismie"><strong>ISSN </strong>2083-9782</div> <div class="oczasopismie"><strong>ISSN Online </strong>2450-0976<br /><br /><strong><a href=""><img src="" alt="" /></a><br /></strong><strong>Published articles are licensed under a <a href="">Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License</a>.</strong></div> en-US (dr Paweł Kwiatkowski) (Pressto) Fri, 31 Dec 2021 00:00:00 +0100 OJS 60 Foreword Jan Zimmermann Copyright (c) 2021 Jan Zimmermann Fri, 31 Dec 2021 00:00:00 +0100 Editor’s Introduction Paweł Kwiatkowski Copyright (c) 2021 Paweł Kwiatkowski Fri, 31 Dec 2021 00:00:00 +0100 On Jurisdictional Proceedings and the Concept of a Party in the Code of Administrative Procedure <p>The paper is an English translation of <em>Z rozważań nad postępowaniem jurysdykcyjnym i pojęciem strony w kodeksie postępowania administracyjnego</em> by Marian Zimmerman published originally in „Księga pamiątkowa ku czci Kamila Stefki” in 1967. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.</p> Marian Zimmermann Copyright (c) 2021 Marian Zimmermann Fri, 31 Dec 2021 00:00:00 +0100 State Borders in the Light of International Public Law. An Outline of the Issues <p>Apportionment of authority among states in the space is one of the fundamental function of public international law and aim of that serves state borders institution. State borders are define as a line or surface separating state territories in land, martime and airspace. However exist different kind of borders that their establish in space bases on delimitation and demarcation. As long as do not give rise controversy establish land and maritime borders, while in spite of lack border determine in air space accept that sit height about 100–150 km. To sum up in the light of public international law exists and significant border is submit of principle of territorial integrity of states at the same time by their establish essential role plays crucial role effectiveness in carry out control of territory and borders. Therefore the principle of territorial integrity of States and effectiveness control over territory defines essence and role of state border.</p> Piotr Łaski Copyright (c) 2021 Piotr Łaski Fri, 31 Dec 2021 00:00:00 +0100 Advisory Opinion or Judgment? The Case of the Chagos Archipelago <p>The aim of this article is to provide an analysis of the ICJ’s advisory opinion of 25 February 2019 on the Chagos Archipelago. It will endeavour to answer the following questions: (i) is it consistent with the letter and the spirit of international law for the ICJ to issue advisory opinions in cases involving a dispute between states, which, due to the lack of consent from one of the states, cannot be brought before the ICJ and be settled by a judgment of that judicial body?; (ii) is such a ruling the right way to settle the issue of decolonization?; and (iii) did Brexit play any role in the case under discussion? The article begins by describing the background to the dispute between the UK and Mauritius. The focus of the analysis then shifts to the nature of advisory opinions and the 2019 ICJ advisory opinion on the Chagos Archipelago. Next, the authors discuss the possible impact of Brexit on the dispute between the UK and Mauritius itself, as well as on the UK’s international standing in general. The article concludes with reflections on voluntarism in international law. The authors conclude that <em>de lege lata </em>an authorized body or organization may ask the ICJ for an advisory opinion in situations where it believes that such an opinion would be useful for its work. However, such advisory opinions should not have the character of authoritative court statements made in pending disputes between sovereign states. As a consequence, such opinions should refer only to abstract legal problems, which means that in some cases the ICJ should refrain from issuing them.</p> Brygida Kuźniak, Danuta Kabat-Rudnicka Copyright (c) 2021 Brygida Kuźniak, Danuta Kabat-Rudnicka Fri, 31 Dec 2021 00:00:00 +0100 The Convention for the Protection of Human Rights and Fundamental Freedoms as an International Treaty and a Source of Individual Rights <p>The aim of this paper is to present the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms as a special treaty under international human rights law. The article focuses on the twofold nature of the Convention. First, it presents the Convention as an international treaty, and thus as a source of specific obligations of states-parties. Second, it presents the Convention as the source of fundamental individual human rights. The article also discusses the role of ECtHR case law in the context of fundamental individual human rights.</p> Aleksander Gadkowski Copyright (c) 2021 Aleksander Gadkowski Fri, 31 Dec 2021 00:00:00 +0100 The Institution of Full Powers in the Process of Concluding International Agreements <p>This paper addresses issues related to the institution of full powers in the process of concluding international agreements. The author makes an analysis of the historical evolution of the institution of full powers and discusses the essential elements of the full powers instrument with regard to the representation of the state and international organizations, taking into account current international law regulations. In this regard, the author also refers to international practice and, based on a review of the scholarly literature, attempts to classify full powers.</p> Marcin Bąkowski Copyright (c) 2021 Marcin Bąkowski Fri, 31 Dec 2021 00:00:00 +0100 An Examination of Multinational Corporations’ Accountability in the Light of Switzerland’s Failed Responsible Business Initiative in the Covid-19 Pandemic Era <p>This article examines the efforts made so far in holding multinational corporations (MNCs) liable for human rights and environmental violations in the light of Switzerland’s failed referendum in November 2020, during the peak of the Covid-19 pandemic. It also looks at other international law instruments that have the potential to hold MNCs accountable. While these other laws have failed to achieve the desired result of holding MNCs accountable, the referendum, if it had succeeded, would have triggered a binding vote on a constitutional amendment to introduce compulsory human rights due diligence for companies incorporated in Switzerland, the first of its kind in Europe. The consequencewould have been that victims of Swiss MNCs’ violations would have had the right to bring claims in Switzerland against a defaulting Swiss MNC. Unfortunately, the referendum failed, and to some extent the Covid-19 pandemic negatively affected the referendum outcome, because it was greatly politicised. It became a lost opportunity on what would have been “one small step for [Switzerland], one giant leap for the [international community]”.</p> Ikechukwu P. Ugwu Copyright (c) 2021 Ikechukwu P. Ugwu Fri, 31 Dec 2021 00:00:00 +0100 Trademark Registration in Bad Faith in the People’s Republic of China – Causes and Analysis of Provisions of Chinese law <p>Bad faith trademark registrations in the People’s Republic of China are a longstanding issue. The PRC’s Trademark Law amendment of 2019 changed some articles relating to the bad faith trademark registration. The goal of this Article is to analyse the sources of this issue and examine the provisions of Chinese Trademark Law to understand how well foreign entities are protected against trademark squatters after the 2019 amendment. The causes of this issue were found in China’s unique economic position, the Chinese language, Chinese society, and Chinese culture. The analysis of the amended version of PRC’s Trademark Law found that, in fact, the Chinese legislator made some enhancements, but unfortunately it seems it is not going to be sufficient to protect the rightful foreign owners of trademarks in an effective way.</p> Oskar Ratajczak Copyright (c) 2021 Oskar Ratajczak Fri, 31 Dec 2021 00:00:00 +0100 Reflections on the Context of Public Law and Private Law on the Example of the Decision to Permit a Road Investment <p>The article aims to show the next points of contact between public law and private law by presenting the civil and administrative legal effects of the decision on the permit for the implementation of a road investment (including its amendment and repeal), referred to in the Act of April 10, 2003, on special rules for the preparation of and implementation of investments in the field of public roads. The reason for the author to analyze the topic was the fact that the author has noticed the increasingly stronger interpenetration of the areas of public law and private law and problems encountered in legal practice. The article is a synthesis of the civil and administrative legal consequences – sometimes unintentional – of issuing and changing the decision on the permit for the implementation of a road investment, which have their source in the unilateral, imperative action of a competent public administration body. It is also another voice in the discussion on the advisability of the classic division into the two oldest branches of law.</p> Bartłomiej Mikołaj Gawrecki Copyright (c) 2021 Bartłomiej Mikołaj Gawrecki Fri, 31 Dec 2021 00:00:00 +0100 Artificial Intelligence and Discretionary Decisions. The Triumph or Loss of Commander Pirx? <p>The aim of the considerations is to determine whether artificial intelligence units can take the place of humans in administrative proceedings ending with the issuance of discretionary decisions. The author starts from presenting the essence of discretionary decisions and guide the scope of judicial control over them. The presented considerations relate primarily to the potential placement of such devices in the “administrative justice system” that can be defined as artificial intelligence units in the strict sense. Therefore, this concerns devices for which human intervention is usually limited to switching on and technical supervision. However, the considerations can also be applied to such devices where human interference in their operation is slightly greater. It should be emphasized, however, that it this does not concern devices that are fully or almost fully controlled by humans.</p> Łukasz Dubiński Copyright (c) 2021 Łukasz Dubiński Fri, 31 Dec 2021 00:00:00 +0100 The Data-Driven Economy. Remarks in the Light of Selected Issues in the Competition Law <p>Data has begun to play a vital role in global, EU-wide and domestic economies. On 19 February 2020, the European Commission published the EU’s strategy for data, which outlines a new and unprecedented approach to development. The vision thus described – a data-driven economy – is to be implemented within the next five years.However, this broad undertaking gives rise to a number of legal, economic and social issues which deserve to be more thoroughly examined. In this paper, the author considers how the data economy relates to aspects of competition law, including threats associated with the sharing of confidential company data, and information protected under intellectual property laws, among the participants of the market economy, i.e. businesses. Also, observations are made concerning the hypothetical emergence of monopolies and oligopolies, as well as collusive agreements between enterprises on the grounds of the new approach to development.</p> Magdalena Jacolik Copyright (c) 2021 Magdalena Jacolik Fri, 31 Dec 2021 00:00:00 +0100 The Ostmarkgesetz of 14 April 1939 – One of the Normative Grounds of the Annexation Of Austria <p>The article presents the political and legal changes that accompanied the passing and then the introduction of the Ostmarkgesetz in Austria in 1939. It also contains a detailed analysis of the structure and layout of this normative act. The Ostmarkgesetz was extremely important because it thoroughly changed the administrative organization and introduced a new administration of the state in this area. The consequences had a significant impact on the Austrian legal order. This law is considered to be one of the main tools of the direct annexation of Austria by the Third Reich. This was the beginning of the subsequent war conquests of the Nazi state.</p> Bartosz Nieścior Copyright (c) 2021 Bartosz Nieścior Fri, 31 Dec 2021 00:00:00 +0100