Papers by Bartosz Ziemblicki
The World Trade Organization is one of the most powerful and influential intergovernmental organi... more The World Trade Organization is one of the most powerful and influential intergovernmental organizations of the world. After a vigorous beginning of its functioning 16 years ago, it seems now to have slowed down, plunging into crisis. This article WTO is an attempt to define the concept of the constitutionalization of the and to identify its theoretical foundations, the ideological tensions within and challenges to its legitimacy. It discusses not only legal, but also political and social aspects of those issues.
The World Trade Organization (WTO) has two roles. The first is legislative, where the WTO is an i... more The World Trade Organization (WTO) has two roles. The first is legislative, where the WTO is an international organization in which agreements are signed. The other is judiciary, where the WTO is an international adjudicator deciding trade disputes. The first one is limited to the conduct of trade relations among Members. The second one is to conduct [litigation] brought pursuant to the consultation and dispute settlement provisions of WTO covered agreements. Forced compliance via binding dispute settlement should, theoretically, ensure that each member of an international organization receives all the benefits to which it is entitled, and that no country is required to make concessions to which it has not agreed and which have not been paid for. Dispute Settlement Understanding (DSU) of the WTO, arising from the Uruguay Round negotiations, is generally considered to be the crown jewel of the WTO trading system. 530 Much has been written about its functioning, also a few studies in Polish literature.
Trade sanctions aimed at protecting and promoting human rights can
no longer be considered (if th... more Trade sanctions aimed at protecting and promoting human rights can
no longer be considered (if they ever could have been) a proper instrument to fight human rights violation in other states. There appears to be a reasonable alternative in other international trade measures, which also may be applied in accordance with the law of the World Trade Organization. Those measures can be divided into two categories: trade incentives adopted under the Enabling Clause and obligation waivers. This article seeks to explore whether either of those legal instruments has the potential to play a significant role in enhancing human rights standards worldwide in terms of their availability and effectiveness.
The world financial crisis 2007-2009 devastated the global economy. Market forces have failed and... more The world financial crisis 2007-2009 devastated the global economy. Market forces have failed and the need to regulate the financial sector has been revealed. The interdependencies of economies in different states proved that in order to prevent future crises it is critical to coordinate the actions of all interested parties, which in turn requires international regulation. This article seeks to explore who should be responsible for international financial supervision. Prior to answering this question, it is necessary to determine the causes of the crisis, the purposes of supervision and the current state of regulation.
The advantages of ODR seem to considerably outweigh the
disadvantages. Obviously it is supply and... more The advantages of ODR seem to considerably outweigh the
disadvantages. Obviously it is supply and demand that will dictate the growth of ODR. The concept of ODR is over 15 years old now and can no longer be considered a novelty. But, as Rachel Turner put it, we are on the brink of an online revolution. There are willing participants, willing clients, moneymaking potential, and the software is being improved every day. ODR should not simply duplicate traditional arbitration, but rather maximize the power of technology. It is also important to ensure proper training and education in order to minimize the risk of failure.
This is just the beginning - ODR will become an industry in its own
right. It is destined to succeed sooner or later. For that reason, Ethan Katsh suggests that in the future it will be called not ODR but PDR (primary dispute resolution). Jeffrey Scott Wolfe already understands ADR not as alternative dispute resolution, but as appropriate dispute resolution.
Custom as a source of law plays a much greater role in international law than it does in municipa... more Custom as a source of law plays a much greater role in international law than it does in municipal law. However, with the huge development of treaty law over the last two centuries, its significance for international relations becomes less evident. International economic law is a part of international law in which it is even harder to present evidence of customary law. One possible explanation of this situation is that there is not much consensus on customary law in international economic law, because there is no consensus on the meaning of the term international economic law. It also may be that it only seems that there is not much customary international economic law, because there is not much scholar interest in this subject. Another explanation might be that custom simply does not play a significant role in international economic relations.
This
article considers the legal aspects of space activities
of transnational corporations In tod... more This
article considers the legal aspects of space activities
of transnational corporations In today’s world private entities
took over space conquest initiative started by the states
However, the international space law regime is over half
century old and does not respond to contemporary challenges
This article includes a detailed analysis of three particular
problems ownership, liability and status of flight participants
The author concludes that there are more and more questions
that the existing regulations fail to answer.
This article discusses the problems with enforcement of
decisions of international courts. The is... more This article discusses the problems with enforcement of
decisions of international courts. The issue of compliance by
states with decisions of international courts is critical for the
whole system of international law. If states cannot rely on law
and have it clarified and enforced through courts' judgements,
international law would become useless, disregarded, avoided
and replaced by economic or military pressure or force. There
exist a variety of different enforcement mechanisms in courts
with global (International Court of Justice, World Trade Organization
Dispute Settlement Body) and regional (European Court
of Justice, Economic Court of the Commonwealth of Independent
States, Court of Eurasian Economic Union) reach. Basically
every international court has got some type of formal
enforcement mechanism, even if it is only political in nature.
But none can be called very effective and in particular – efficient.
Some of them are equipped with economic sanctions
(suspension of concessions, penalty payment, lump sum). They
are not used often though. One should note that records of
compliance with decision of courts which are able to impose
sanctions are also far from being perfect. In particular, it seems
that wealthy states can simply afford bearing economic sanctions
without execution of the court decision. They therefore
“buy themselves out” of their legal obligations. There is no
doubt that for the sake of international legal certainty and
stability it is desirable that international community pays more
attention to improving the mechanisms for enforcement of
decisions of international courts.
Streszczenie: Zagrożenia umowy pośrednictwa w obrocie nieruchomościami z punktu widzenia pośredni... more Streszczenie: Zagrożenia umowy pośrednictwa w obrocie nieruchomościami z punktu widzenia pośrednika można podzielić na dwie grupy: zagrożenia ze strony klienta i ze strony organów podatkowych. W relacjach z klientami bezpieczeństwo pośrednikowi gwarantowałoby wyłączenie możliwości wypowiedzenia umowy przez klienta oraz klauzula wyłączności skuteczna także względem samego właściciela. Jednak całkowite wyłącznie możliwości wypowiedzenia umowy pośrednictwa przez dającego zlecenie nie jest możliwe. Jeśli chodzi o klauzulę wyłączności, to nie jest ona skuteczna względem właściciela, który dokonuje sprzedaży bez niczyjego pośrednictwa. Jeśli chodzi o zagrożenia podatkowe, to pośrednik zobowiązany jest do zapłaty podatku PIT (CIT) i VAT niezależnie od tego, czy sam otrzymał zapłatę. Jednak sytuacja pośrednika jest jeszcze gorsza, bowiem w niektórych sytuacjach nie ma on wiedzy, że prowizja mu przysługuje. Niestety fakt ten nie wpływa na moment powstania zobowiązania podatkowego.
Ś wiatowa Organizacja Handlu (WTO) jest organizacją powszechną 1 , nie mającą statusu organizacji... more Ś wiatowa Organizacja Handlu (WTO) jest organizacją powszechną 1 , nie mającą statusu organizacji wyspecjalizowanej ONZ 2 . Mimo że formalnie funkcjonuje dopiero od 1995 roku, jej historia jest znacznie dłuższa, jest ona bowiem następczynią istniejącego od 1947 GATT. W przeciwieństwie do poprzednika, prawo WTO reguluje nie tylko handel towarami, ale także handel usługami, handlowe aspekty praw własności intelektualnej, rozstrzyganie sporów handlowych i zagadnienia pokrewne.
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Papers by Bartosz Ziemblicki
no longer be considered (if they ever could have been) a proper instrument to fight human rights violation in other states. There appears to be a reasonable alternative in other international trade measures, which also may be applied in accordance with the law of the World Trade Organization. Those measures can be divided into two categories: trade incentives adopted under the Enabling Clause and obligation waivers. This article seeks to explore whether either of those legal instruments has the potential to play a significant role in enhancing human rights standards worldwide in terms of their availability and effectiveness.
disadvantages. Obviously it is supply and demand that will dictate the growth of ODR. The concept of ODR is over 15 years old now and can no longer be considered a novelty. But, as Rachel Turner put it, we are on the brink of an online revolution. There are willing participants, willing clients, moneymaking potential, and the software is being improved every day. ODR should not simply duplicate traditional arbitration, but rather maximize the power of technology. It is also important to ensure proper training and education in order to minimize the risk of failure.
This is just the beginning - ODR will become an industry in its own
right. It is destined to succeed sooner or later. For that reason, Ethan Katsh suggests that in the future it will be called not ODR but PDR (primary dispute resolution). Jeffrey Scott Wolfe already understands ADR not as alternative dispute resolution, but as appropriate dispute resolution.
article considers the legal aspects of space activities
of transnational corporations In today’s world private entities
took over space conquest initiative started by the states
However, the international space law regime is over half
century old and does not respond to contemporary challenges
This article includes a detailed analysis of three particular
problems ownership, liability and status of flight participants
The author concludes that there are more and more questions
that the existing regulations fail to answer.
decisions of international courts. The issue of compliance by
states with decisions of international courts is critical for the
whole system of international law. If states cannot rely on law
and have it clarified and enforced through courts' judgements,
international law would become useless, disregarded, avoided
and replaced by economic or military pressure or force. There
exist a variety of different enforcement mechanisms in courts
with global (International Court of Justice, World Trade Organization
Dispute Settlement Body) and regional (European Court
of Justice, Economic Court of the Commonwealth of Independent
States, Court of Eurasian Economic Union) reach. Basically
every international court has got some type of formal
enforcement mechanism, even if it is only political in nature.
But none can be called very effective and in particular – efficient.
Some of them are equipped with economic sanctions
(suspension of concessions, penalty payment, lump sum). They
are not used often though. One should note that records of
compliance with decision of courts which are able to impose
sanctions are also far from being perfect. In particular, it seems
that wealthy states can simply afford bearing economic sanctions
without execution of the court decision. They therefore
“buy themselves out” of their legal obligations. There is no
doubt that for the sake of international legal certainty and
stability it is desirable that international community pays more
attention to improving the mechanisms for enforcement of
decisions of international courts.
no longer be considered (if they ever could have been) a proper instrument to fight human rights violation in other states. There appears to be a reasonable alternative in other international trade measures, which also may be applied in accordance with the law of the World Trade Organization. Those measures can be divided into two categories: trade incentives adopted under the Enabling Clause and obligation waivers. This article seeks to explore whether either of those legal instruments has the potential to play a significant role in enhancing human rights standards worldwide in terms of their availability and effectiveness.
disadvantages. Obviously it is supply and demand that will dictate the growth of ODR. The concept of ODR is over 15 years old now and can no longer be considered a novelty. But, as Rachel Turner put it, we are on the brink of an online revolution. There are willing participants, willing clients, moneymaking potential, and the software is being improved every day. ODR should not simply duplicate traditional arbitration, but rather maximize the power of technology. It is also important to ensure proper training and education in order to minimize the risk of failure.
This is just the beginning - ODR will become an industry in its own
right. It is destined to succeed sooner or later. For that reason, Ethan Katsh suggests that in the future it will be called not ODR but PDR (primary dispute resolution). Jeffrey Scott Wolfe already understands ADR not as alternative dispute resolution, but as appropriate dispute resolution.
article considers the legal aspects of space activities
of transnational corporations In today’s world private entities
took over space conquest initiative started by the states
However, the international space law regime is over half
century old and does not respond to contemporary challenges
This article includes a detailed analysis of three particular
problems ownership, liability and status of flight participants
The author concludes that there are more and more questions
that the existing regulations fail to answer.
decisions of international courts. The issue of compliance by
states with decisions of international courts is critical for the
whole system of international law. If states cannot rely on law
and have it clarified and enforced through courts' judgements,
international law would become useless, disregarded, avoided
and replaced by economic or military pressure or force. There
exist a variety of different enforcement mechanisms in courts
with global (International Court of Justice, World Trade Organization
Dispute Settlement Body) and regional (European Court
of Justice, Economic Court of the Commonwealth of Independent
States, Court of Eurasian Economic Union) reach. Basically
every international court has got some type of formal
enforcement mechanism, even if it is only political in nature.
But none can be called very effective and in particular – efficient.
Some of them are equipped with economic sanctions
(suspension of concessions, penalty payment, lump sum). They
are not used often though. One should note that records of
compliance with decision of courts which are able to impose
sanctions are also far from being perfect. In particular, it seems
that wealthy states can simply afford bearing economic sanctions
without execution of the court decision. They therefore
“buy themselves out” of their legal obligations. There is no
doubt that for the sake of international legal certainty and
stability it is desirable that international community pays more
attention to improving the mechanisms for enforcement of
decisions of international courts.