A black-figure amphora from the Gołuchów collection of the national museum in Poznań
Author(s): Inga Głuszek / Language(s): English
/ Issue: 68/2022
Keywords: unpublished Greek amphora; Gołuchów collection; National Museum in Poznań
The collection of the National Museum in Poznań includes a black figured amphora, which was once a part of the collection of Countess Izabela Działyńska née Czartoryska located in the castle in Gołuchów. The vessel shows the farewell scene of the warrior surrounded by family members on both sides. The vessel, mentioned by John D. Beazley in his book Greek Vases in Poland and described in the Polish series of Corpus Vasorum Antiquorum, is here re-analysed in order to clarify the chronology, and to define the workshop of the painter who decorated the vessel.
A Trajanic denarius from a modern grave in Inowrocław and the possibilities of its interpretation
Author(s): Krzysztof Jarzęcki / Language(s): English
/ Issue: 68/2022
Keywords: Trajan; denarius; coin finds; Roman coins; Inowrocław; Cuyavia; medallion; drilled coins; heads of Saint John; XVIth century; XVIIth century; funeral rite; interests in antiquity
The article is devoted to the interpretation of a 16th-17th century burial of a woman discovered in Inowrocław, who had a medallion made from a Trajanic denarius (RIC 6) placed around her neck. In one of the publications of this find it was stated that the owner wore the medal because she believed that it depicted the head of St. John the Baptist. According to written sources from the 16th and 17th centuries, the people in Poland called the Roman coins they found Saint John’s heads. In this article, such an interpretation is considered plausible, but it is not the only one. It is also possible that the medal was considered a beautiful item no matter what it depicted.
The palaeoenvironmental changes in the era of Greek colonization of the northern Black Sea coast and the development of Greek settlements of the lower Dniester microregion. Preliminary research
Author(s): Inga Głuszek / Language(s): English
/ Issue: 68/2022
Keywords: Greek colonisation; northern Black Sea coast; Nikonion; palaeoenvironment features
The Greek colonization of the Black Sea resulted in the creation of many new settlement points placed on the entire coastline of the sea basin. One of the aspects to be recognized, both when studying the beginnings of Greek colonization in the Black Sea and in relation to the later development of the Pontic poleis, are the palaeoenvironmental conditions. It is beyond discussion that certain aspects of the natural environment, such as the topography and coastal features, influenced the choice of colonization directions, the place where the colonies were established and the development of the settlement network supporting new poleis (chora). Recognition of the palaeoenvironmental features is also significant for studying contemporary archaeological sites, influencing their characteristics created by researchers excavating particular Greek centres. The reconstruction of the northern Black Sea paleoenvironment during the Greek colonization was determined by the hypothesis of sea level fluctuation, covering the entire Black Sea basin, as part of Phanagorian Regression and Nymphaeum Transgression. These processes were to reduce sea waters in the range from 2 to 15 m below the present level of the sea and then raise them again (ca 2-3 m). However, the new research and methodology proposed in the last decade undermine the validity of such a broad approach to paleo-natural phenomena, which allegedly covered the entire Black Sea coast. The results obtained for selected areas on the eastern and western parts of the northern coast of the Black Sea call into question the theory of Phanagorian Regression. The article aims to present the problem of the reconstruction of the natural environment features of the Lower Dniester area during the formation and development of the Greek colonies in this area in the light of new achievements in the reconstruction of palaeoenvironmental features of the northern Black Sea coast.
The article analyses 92 finds of Olbian cast coins of the archaic period and forms their chronological and geographical catalogue. The study calls into question the thesis of some scholars about the lack of participation of Olbian coins in monetary circulation outside Olbia and its chora. In our opinion, Olbian coins, starting from the end of the 6th century BC, could be actively used in the exchange of goods with barbarian tribes, a vivid proof of which was the cumulative finds of “Dolphin” coins in the middle Podniprovia and in the Dniester Estuary area. Also, an important proof of the use of Olbian coins in trade operations with the population of the Ukrainian Forest-Steppe and Steppe of the Scythian period is the presence in the same regions of cast obol finds of various types and denominations, which may indicate a certain stability of trade routes.
The aim of this paper is to present to the academic community previously unpublished materials from the excavation of a settlement at “Berezovskaya GES” belonging to the Trypillia culture, located in the forest-steppe South Bug region. The group of materials under study is а collection of tools made from wild boar tusk. The assembly comprises a large number of tools with varying degrees of use-wear, among them are preforms, blanks and debris. The tools underwent technical, morphological and traceological studies with the results being discussed in the article.
The panoply of the armoured personage from the capital from Bisotun. Remarks on the spread of the military technology along the Silk Road
Author(s): Patryk SKUPNIEWICZ / Language(s): English
/ Issue: 68/2022
Keywords: Sasanian armour; Capital from Ṭāq-e Bostān; Early Iranian armour; Lamellar helmets; Eurasian cui¬rasses; Eurasian armour; Xinjiang armour; Early Korean and Japanese armour
The armour of the personage depicted on the capital from Bisotun, exhibited in Ṭāq-e Bostān, has been an object of the research already several times with no definite setting in typology of arms and armour and allocation in historical trends. The article attempts to fill this gap. The article defines the helmet as lamellar/laminar type with the splints with ornately incised edges and central splint over the personage’s nose. The top of the dome is crowned by the decorative, solid finial to which a korymbos is attached. This relates the helmet to the lamellar helmets from Xinjiang and Tang Dynasty China rather than to [?] earlier Kushan lamellar helmets and related Eurasian types, characterised by a flat, round sheet at the top of the dome, usually a sheet over the face, often with a nasal and the laminae running overlapping around the dome, without the central lamina over the face and other laminae spreading to its sides. The body armour can be described as a cuirass made of metallic stripes riveted to each other and placed horizon-tally, with the central, vertical stripe in front. The type is derived from Parthian predecessors with plausible earlier, Achaemenid and Hellenistic sources. The cuirass with frontal opening was a dominant type of construction among the Sasanian armours. The direct relation was evidenced with Korean and Japanese cuirasses of 3rd and 4th centuries (later replaced by lamellar coats) and Eurasian, mainly Xinjiang types.
The residential architecture of Nikonion. The results of archaeological research 2009-2011
Author(s): Inga Głuszek,Jan Augustyniak / Language(s): English
/ Issue: 68/2022
Keywords: Black Sea; colonization; Greek polis; house
As a result of archaeological research carried out in 2008-2011 in ancient Nikonion, the settle-ment phases were revealed, referring to the declining phase of settlement of the city, the late and early Hellenistic and Late Classical periods. The declining phase dates back to the 1st-3rd century BC. Registered monuments indicate the presence of stone structures. However, due to the intensive agricultural exploitation of this place in the nineteenth and early twentieth centuries, the exposed remains of the structure are badly damaged. They do not allow for the reconstruction of the buildings’ form, size and spatial development. The next settlement level is poorly preserved in architectural objects but manifests in the uncovered source material, mainly table ceramics. The most interesting, due to the state of preservation, are the remnants of architecture dating back to the early Hellenistic period. As a result of the research, a house was found consisting of at least six rooms with partially preserved stone and clay floors. The level relating to the Classical period was captured only as a result of surveys. However, it indi-cates a different spatial layout of the emerging architecture. The article presents the remains of architectural objects referring to individual phases and source material, allowing for their chronological interpretation.
Incongruity of civil law terms under German, British and Ukrainian legal systems – case study
Author(s): Anna Kizińska / Language(s): English
/ Issue: 10/2022
Keywords: English equivalents; German civil law terms; equivalence; incongruent terms; translation methods; Ukrainian civil law terms
In the paper there are analysed five British and German incongruent civil law terms. German terms appear in the German act of law called Bürgerlicher Gesetzbuch. British terms name the terms characteristic of each of the three separate legal systems: of England and Wales, Scotland or Northern Ireland. All terms constitute legal terms according to the definition by Morawski. The research problem is to verify whether the published typology of translation methods used in the Polish-English translation of succession and family law terms (which are civil law terms) encompasses translation methods applied when translating civil terms from German into English. The term translation method is defined according to Hejwowski. In order to determine the translation methods applied while producing equivalents, the definitions of the source terms and the equivalents in question are analysed. Furthermore, the appearance of the suggested equivalents in the sources of the British law as well as the corpora of the English language is verified. Finally, having examined the translation methods employed, it is concluded that the equivalents suggested have been formed with the application of as many as 4 different methods listed in the abovementioned classification. Moreover, the Ukrainian terms denoting the legal institutions discussed have been analysed compared to the Polish terms. With regard to the translation of the terms under analysis from Ukrainian into English two different methods have been employed.
Author(s): Christian Tomuschat / Language(s): English
/ Issue: 41/2021
Keywords: International law today; the law of all nations; treaties and custom; decolonization; retroactive application of modern international law
Law is grounded in time and is constantly shaped by historical circumstances. Treaties, produced by voluntary acts at a given point in time, remain generally in
force without a formal endpoint, while customary law arises from practice and lacks
specific points of departure and conclusion. Through the practice of their application,
both treaties and customary law may change their content and meaning to a far
greater extent than domestic rules. Generally, international law resists retroactive
application. However the recognition of sovereign equality to all States in the process
of decolonization represents an example of profound change. While the problems
deriving from armed conflict and former colonial domination must be assessed by
the standards of their epoch and not by having recourse to the rules and principles of
our time, at the same time it must be borne in mind that many of the acts considered
perfectly lawful when they occurred were marred by deep injustices, producing effects
which need to be addressed by the law of our time.
THE 1970 WARSAW TREATY
AND THE CHALLENGES OF INTERPRETATIVE
DECLARATIONS IN INTERNATIONAL
TREATY LAW
Author(s): Stefanie Schmahl / Language(s): English
/ Issue: 41/2021
Keywords: interpretative declarations; reservations; political declarations of intent; declarations on legal safeguards; Oder-Neisse line
The 1970 Warsaw Treaty lists a number of unilateral declarations, primarily on the part of the Federal Republic of Germany. Nowadays, in view of the fundamentally changed circumstances between Germany and Poland, these declarations no longer play a significant role. Nevertheless, it is interesting to dogmatically examinethem, not only for legal historical reasons but also based on the acknowledged principle that the understanding of the present is always shaped by the past. This contribution aims to meet this challenge.
CONTINUITY AND SUCCESSION OF STATES:
THE FATE OF PRE-WAR GERMANY
AND ITS IMPLICATIONS FOR THE 1970 TREATY
OF WARSAW
Author(s): Robert Uerpmann-Wittzack / Language(s): English
/ Issue: 41/2021
Keywords: German Reich; Oder-Neisse line; annexation; incorporation; separation
This article explores whether the Federal Republic of Germany (FRG) is identical with pre-war Germany. The question is relevant for the understanding of the 1970 Treaty of Warsaw, because in the event it is identical, the FRG would be the predecessor State of Poland with regard to the former German territories east ofthe Oder-Neisse line and, therefore, competent to renounce any territorial title. By contrast, in the case of non-identity the FRG would only have been a third State with regard to these territories. However, even in case of identity, the scope of the Treaty of Warsaw seems ambiguous due to Allied reservations. Hence, it was wise to confirm the transfer of sovereignty in 1990.
THE GERMAN-POLISH TREATIES OF 1970
AND 1990/1991 AND THE QUESTION OF
REPARATIONS
Author(s): Stephan Hobe / Language(s): English
/ Issue: 41/2021
Keywords: reparations; London Debt Agreement of 1953; Polish-German Treaty of 1970; 2+4 Treaty; reparations and individual claims
The article takes the renewed demands of the Polish government as an opportunity to examine the question of whether Germany is obliged to pay reparations to Poland. Based on an analysis of the international agreements concluded since 1945,it can be shown that the Polish government’s demands on Germany are unfounded.
MINORITY PROTECTION IN GERMAN-POLISH
RELATIONS – HISTORICAL INFLUENCE AND
CURRENT RELEVANCE
Author(s): Andreas Kulick / Language(s): English
/ Issue: 41/2021
Keywords: minorities; inter-war period; 1991 Polish-German Treaty; Framework Convention for the Protection of National Minorities
The anniversaries of the 1970 Warsaw and the 1990 2+4 Treaties give occasion to revisit the matter of minority protection in German-Polish relations. The interwar system established a problematic unevenness that tainted its acceptance,particularly from the Polish perspective. After 1990 the minority issues achieved an increased, albeit moderate, relevance in German-Polish relations. To some extent the 1991 Polish-German Treaty on Good Neighbourly Relations and Friendly
Cooperation retains the unevenness of the inter-war period, as Art. 20(1) recognizes a German minority in Poland, but refuses to acknowledge a Polish minority in Germany. However, currently the thorniest issues concern various situations related to the“Silesians” in Poland, which the Polish government does not recognize as a protected minority under the European Council Framework Convention for the Protection of National Minorities.
THE GERMAN-POLISH CULTURAL PROPERTY
DEBATE – CAN PRAGMATIC SOLUTIONS
OVERCOME A CONVOLUTED CONTROVERSY?
Author(s): Hans-Georg Dederer,Markus Peter Beham / Language(s): English
/ Issue: 41/2021
Keywords: cultural property; restitution; Berlinka; Second World War; Potsdam Agreement; reparations; cultural internationalism
This contribution discusses the unresolved claims of Poland and Germany arising from the destruction, removal, and appropriation of cultural property during and immediately following the Second World War; viewed against the background of the 50th anniversary of the 1970 Warsaw Treaty and the 30th anniversary of the 1990 2+4 Treaty. It provides an analysis of the extent to which these and otherbilateral treaties between Germany and Poland impose legal obligations to restore or compensate for the destruction or loss of cultural property. Finally, it suggests pragmatic solutions to overcome the convoluted political, diplomatic and legal debates in the spirit of “cultural internationalism” and in line with the proposals of the Copernicus Group of Polish and German historians.
THE POLISH-GERMAN BORDER IN THE LIGHT
OF THE 2+4 TREATY AND THE POLISH-GERMAN
TREATY ON THE CONFIRMATION
OF THE BORDER BETWEEN THEM
Author(s): Jan Barcz / Language(s): English
/ Issue: 41/2021
Keywords: Potsdam Agreement; 2+4 Conference; Polish-German relations; uni- fication of Germany; Polish-German community of interests
The essence of the “border problem” between Poland and the FRG reaches back to the provisions of the Potsdam Agreement of 1945. The Polish position was unambiguous from the beginning: the border on the Odra and Nysa Łużycka rivers was established under international law in the Potsdam Agreement, while the subsequent actions undertaken within the framework of the “peace settlement” could only have complementary, declaratory significance. On the other hand, in the FRG an official legal position was developed according to which the former eastern German territories were only given to Poland (and the USSR) “under their administration”, and the final decision on the border was left to be taken by the future unified Germany in a “peace treaty” or a “peace settlement”. This position was not changed by the Normalization Treaty between Poland and the FRG of 1970, because it was interpreted in the FRGas only a “treaty about the renunciation of force”, an element of a modus vivendi which was to last until the unification of Germany. On the other hand, the Zgorzelec Treaty of 1950 between Poland and the GDR was interpreted as not binding for the future unified Germany. Such a position deeply destabilized political relations between the FRG and Poland in the post-war period and had a conflict-generating significance in a number of areas. At the beginning of 1990 the political changes in Poland coincided with the process of German unification. The democratic opposition in Poland, and thereafter the government of Tadeusz Mazowiecki, unequivocally supported the right of the German people to self-determination, at the same time expecting an unequivocal position on the Polish-German border. This fundamental problem was closed in 1990 under two international agreements: the Treaty on the Final Settlement with Respect to Germany (2+4 Treaty) and the Treaty between the Federal Republic of Germany (united Germany) and the Republic of Poland on the confirmation of the border between them. Thus for thirty-plus years now the “border problem” has been removed from the agenda of political discussions in Polish-German relations, which proves the effectiveness and durability of the agreement reached, which was reflected in both treaties.
STATE BOUNDARIES AND THIRD STATES
– ISSUE OF OPPOSABILITY. REMARKS ON THE
POLISH-WEST GERMAN NORMALIZATION
TREATY OF 1970
Author(s): Władysław Czapliński / Language(s): English
/ Issue: 41/2021
Keywords: Potsdam Agreement; Polish-German border; objective regimes in in- ternational law; treaties and third parties
The Western boundary of Poland was established by the Potsdam Agreement of 1945 and confirmed by the Boundary Agreement between Poland and the GDR of Gőrlitz of 1950. Poland exercised administration with respect to the adjudicated territories, but she made efforts to get the boundary recognized and confirmed by the FRG. This happened on the basis of the Warsaw Treaty of 1970. Boundary treaties are usually considered as objective regimes. It is disputable whether the Warsaw Treaty of 1970 can be classified as such a regime.
WAR REPARATIONS AND INDIVIDUAL CLAIMS
IN THE CONTEXT OF POLISH-GERMAN
RELATIONS
Author(s): Jerzy Kranz / Language(s): English
/ Issue: 41/2021
Keywords: war reparations; individual compensation; international responsibility; Potsdam Conference (1945); peace settlement with Germany; 2+4 Treaty; Wieder- gutmachung; Polish-German relations
The issue of war reparations was a subject of controversy in Polish-German relations for a long time. This was due to the position of the Federal Republic of Germany that this issue had been deferred to the moment of German unification.The German concept of reparations also included the individual claims of Polish victims of National Socialism (Nazism). The case for interstate reparations from Germany to Poland was closed as a result of the Polish waiver of 1953, while the issue of individual compensation for Polish victims was symbolically resolved as a result of agreements between Poland and the Federal Republic of Germany only in 1990 and 2000. The scope and amount of any new payments depends on the agreements of particular countries or organizations with the Federal Republic of Germany. As long as the victims are still alive, new pragmatic solutions should not be ruled out.
ESCALATION OF THE CONFLICT BETWEEN
RUSSIA AND UKRAINE IN 2022 IN LIGHT
OF THE LAW ON USE OF FORCE AND
INTERNATIONAL HUMANITARIAN LAW
Author(s): Patrycja Grzebyk / Language(s): English
/ Issue: 41/2021
Keywords: Ukraine; Russia; war; international armed conflict; war; war crimes; international humanitarian law; use of force; aggression
The aim of this article is to assess the military operation started on 24 February 2022 by Russia against Ukraine in light of the law on use of force, having in mind all the justifications officially expressed by Russian authorities and in light of international humanitarian law. The author claims that there is no justification for the Russian military action and thus it must be qualified as aggression. This, due to the serious violation of the peremptory norm, implies obligations on the part of states and international organizations (i.e. the international community). In addition, the current conduct of hostilities clearly shows that it is mainly Russian forces which neglect international humanitarian law principles, which might amount to war crimes.
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