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Krytyczna, radykalna czy rewolucyjna? O „tomistycznej” fi lozofi i politycznej Alasdaira MacIntyre’a

Author(s): Wojciech Wierzejski / Language(s): Polish Issue: 30/2012

The article is devoted to a presentation of the political philosophy of Alasdair MacIntyre, one of the most well-known of contemporary American philosophers representing the Aristotelian tradition. MacIntyre is universally reputed to be the reviver of ethical virtues and the flag-bearer of the ‘communitarians’, in other words, a critic of individualistic liberalism. The paper brings a new interpretation to bear on this epicyclic characteristic of the author of After Virtue and, at the same time, develops the polemics of those interpreters of his philosophy who assign him to either the conservative or the communitarian camp. Since the mid 1990s, MacIntyre has adopted an explicitly Thomistic position in his philosophy, particularly while amplifying the Thomist concept of natural law as “potentially revolutionary” in terms of the liberal establishment. Besides this, he returned to the social and political critique which he had developed in the Marxist spirit in the 1950s and 60s. In absolute certainty, he cannot be dubbed a conservative philosopher. The article presents the latest version of his philosophical theory, wherein his critique of liberalism, the modern state and the capitalist system occupy an important place.

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Polish advisory opinion of Kosovo (ICJ)

Author(s): Author Not Specified / Language(s): English Issue: 29/2009

Polish advisory opinion on independence of Kosovo

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Michael J. Perry, Toward a Theory of Human Rights. Religion, Law, Courts, Cambridge University Press, 2009

Author(s): Katarzyna Łasak / Language(s): English Issue: 29/2009

book review

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The Relationship between the International Criminal Court and the Security Council

Author(s): Bartłomiej Krzan / Language(s): English Issue: 29/2009

This article considers the possible roles to be played by the United Nations Security Council (SC or Council) with regard to the permanent International Criminal Court (ICC). The power of the SC to react to international crimes threatening international peace and security has been acknowledged in the Rome Statute creating the ICC. In this article, the provisions of the Statute are compared with the decisions of the main political organ of the UN. The SC’s impact on the Court occupies central place in the analysis, as the Council may undermine the independence and impartiality of the ICC. Without proper coordination between the two bodies the traditional dilemma of peace versus justice could gain a new dimension.

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The 2009 Amendment of the Slovakian State Language Law and its Impact on Minority Rights

Author(s): Jan Fiala,Lukasz Wardyn / Language(s): English Issue: 29/2009

Language is not only a way of communicating; it bears the culture, identity, history and a sense of belonging to a society of those who use it. Therefore language needs protection, especially if it is a language of a minority. With Slovakia’s 2009 amendment of its State Language Law, the internationally recognised rights of every 7th citizen of Slovakia are endangered. The new law has not only caused a major source of international conflict between Hungary and Slovakia but has been the subject of intervention by the OSCE High Commissioner on National Minorities. Despite being a party to the Framework Convention on the Protection of National Minorities and the European Charter for Regional or Minority Languages, Slovakia is slowly detouring from its path towards recognition of the rights of those of its citizens who happen to belong to a minority group. This paper analyzes the main changes brought about by the newly amended law, which entered into force on 1 September 2009. It gives a concise overview of international conventions on language protection, followed by an in-depth analysis of the new provisions of the State Language Law in Slovakia and its impact on the status of minorities in the country.

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International Legal Issues in the Case of the Prussian Trust (Preussische Treuhand) against the Republic of Poland before the ECtHR

Author(s): Anna Jasińska / Language(s): English Issue: 29/2009

On 7th October 2008 the ECHR declared inadmissible an application submitted by Preußische Treuhand GmbH & Co. KG a. A. against Poland. The applicant company claimed – on behalf of 23 individual applicants – that Poland violated Article 1 of the Protocol No 1 to ECHR by illegal expropriation of German property located within the former German territories east from the Oder-Neisse line which after the World War II were transferred to Poland. This paper examines the essential questions of international public law that arise from this case as to the admissibility of the claim.

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Isabelle Van Damme, Treaty Interpretation by the WTO Appellate Body, Oxford University Press, 2009

Author(s): Łukasz Gruszczyński / Language(s): English Issue: 29/2009

book review

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R. Allen, R. Crasnow and A. Beale, Employment Law and Human Rights, Oxford University Press, 2009

Author(s): Katarzyna Łasak / Language(s): English Issue: 29/2009

book review

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State Responsibility for Cyber-attacks on International Peace and Security

Author(s): Joanna Kulesza / Language(s): English Issue: 29/2009

This article discusses international law mechanisms for dealing with electronic threats generated from the territory of one state and directed against a foreign sovereign. It analyses the possibility to recognize a cyber-attack as an act of international aggression and shows existing difficulties at the present state of the international debate. It then turns to the traditional notion of state responsibility for lack of due diligence as a source of state’s responsibility for cyber-attacks. Such due diligence should be guaranteed through sufficient criminal law regulations that are properly executed in order to effectively prevent and prosecute electronic attacks. In this context the article posits that an international debate is required with the aim of establishing international guidelines. The results of such a debate should than allow for the harmonization of national criminal law regulations. Although the author points to the need for an international debate on the system for protection against cyber-attacks on states’ key electronic infrastructure, she also emphasizes already existing international obligations for states to take responsibility for attacks conducted from their territory.

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Obituaries: Krzysztof Skubiszewski (1926–2010)

Author(s): Jerzy Kranz / Language(s): English Issue: 29/2009

an obituary of prof. Krzysztof Skubiszewski

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Unilateral Acts in Polish-German Relations

Author(s): Przemysław Saganek / Language(s): English Issue: 29/2009

The paper is devoted in fact to two unilateral acts. The first of them is the statement of chancellor Schröder made in Warsaw on 1 August, 2004. The second is the statement of the Polish government on the waiver of payments of German reparations made on 23 August, 1953. The first statement is generally believed to be an act of legal importance. The element that attaches the utmost importance is the promise of the German government to present before international courts the critical evaluation of individual claims of former owners of land on the territories that came under the Polish sovereignty after the Second World War. The elements of that evaluation embrace the conclusions according to which: “there could be no room for the restitution claims from Germany”, such claims would “put the history upside down”, “proprietary problems connected with the Second World War are no longer a subject for the two governments” and “neither the federal government nor any serious political force in Germany support such claims if they are nevertheless put”. There could be no room for doubt as to the legal force of that statement. Its descriptive style or inclusion of elements upon which the government has only limited or no influence at all (the behavior of political parties or individuals) cannot change the binding force of statements relating to the German state as such. In fact the statement is not only a promise. I contains also the elements of waiver and recognition (as to the fact that there is no longer a subject of claims and that they would put the history upside down). The waiver results from the same sentences. It is limited to claims made on the state level only. The individual ones are not cancelled as such. If they are however made and not satisfied there is no longer a possibility to put them on the level of states. The second act made in 1953 is also quite general. Although from the historical perspective there could be no doubt regarding the interrelationship between that act and the USSR-GDR agreement, the statement of the Polish government did not refer to the latter expressly. The author analyses critically the arguments aimed at the justification of the nullity of the act presented in the previous literature. In his opinion it would be very difficult (if possible at all) to put into question the legal force of the act. The author however is not prepared to accept the erection of the Chinese wall between the waiver and other international acts giving rise to the obligations of the author. In that context he refers to the rebus sic stantibus argument according to which the presentation of claims on the side of Germany could justify the new evaluation of the results of the war for the Polish state and nation. That solution would not be happy for any party nor for the stability of law, but it could be perceived as an extreme solution for the most extreme course of events.

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Polish bibliography of international law, 2009

Author(s): Author Not Specified / Language(s): English Issue: 29/2009

A list of Polish publications on international and European law in 2009.

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Polish Practice in International Law 2009

Author(s): Łukasz Gruszczyński,Karolina Wierczyńska / Language(s): English Issue: 29/2009

Selected jurisprudence of the Polish Supreme Court involving questions of extradition and the application of the international agreements.

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Overcoming the Past by International Law

Author(s): Roman Kwiecień / Language(s): English Issue: 29/2009

The efficiency of international law in resolving historical problems depends on the belief of States in law as an implement for ordering their mutual relations. States’ uniformity of views concerning the past, as well as their common expectations for the future, are decisive in the formation of this belief. Common appreciation of the past is of particular significance, because international legal rules and norms are the result of historical experiences. Consequently, lack of common vision of the past is responsible in practice for the discrepancy between Sein and Sollen. As Philip Allott pointed out, international law is a bridge between our past and future. However, unless there is a common consent on history by states and nations, this bridge is fragile. As a result, rules and norms of international law are not able to overcome the toxic past of nations, as is evident in, e.g., contemporary Polish-Russian relations. What is more, lack of a common understanding of history by states and nations connected by a common past can even lead to an exacerbation of unresolved historical disputes. Recently, this has been demonstrated in the case of Kosovo, where the weakness of international law is manifested.

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Return Requirements for Regulated Entities in the Gas Industry

Author(s): Martin EHMER,Heinz-Werner UFER,Lukas D. SCHUCHARDT / Language(s): English Issue: 18/2012

In regulated businesses, utility companies are facing asymmetric risks due to ex-ante regulation. Shareholders have to question whether their business is earning appropriate returns taking into account those asymmetric risks involved. Adequate performance measures need to be designed and installed in order to benchmark the regulated business against alternative investments. In our study we analyse the impact of regulation on the process of steering and more precisely on the definition of return requirements in the case of a Central and Eastern Europe gas industry with permanent ex-ante regulation. For this purpose, we examine the absolute return target by its two inputs, the rate of return and the investment basis. We conduct an Analytic Hierarchy Process in order to assess the options for the investment basis used to calculate an absolute return requirement in a structured way. Our findings show a twofold view on return requirements in terms of the time horizon. In short-term, regulatory parameters should be taken into account. However, in long-term those parameters can only serve as a figure to control whether regulatory conditions fulfil the needs of the shareholders. Our study shall contribute to the static analysis of regulation on return requirements and steering in the gas industry after privatization.

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Study on Spectators' Perception on Theatre Consumption as Competitive Advantage at Urban Level

Author(s): Răzvan-Andrei Corboş,Ruxandra-Irina Popescu / Language(s): English Issue: 18/2012

Culture and cultural infrastructure of a city represent in the current economic climate one of the vectors that can contribute to the success of urban development programs, regional, and in many cases, national. Experience shows that the synergy effect acquired by the urban management as a result of encouraging urban competitiveness by supporting cultural competitiveness helps create competition between organizations working in this field. Therefore, studies on resources of generating competitive advantages for cultural organizations have become increasingly interesting and useful. In this context, the study we propose presents the most relevant findings of a questionnaire applied to a representative sample of Odeon Theatre viewers, in Bucharest, one of the most “attended” theatres of the Romanian capital. Using this approach, we tried to update the information regarding the target audience of this theatre, to study the preferences and expectations of the audience related to the shows and programs, and to identify the motivation for choosing the services of the Odeon Theatre. The conclusions provide a consistent informational basis, so that the management of this cultural institution can formulate recommendations for creating and strengthening sustainable competitive advantages.

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Persuasive Communication at the Academic Level and How to Make it More Effective

Author(s): Armenia Androniceanu,Oana Sabie / Language(s): English Issue: 18/2012

The paper is the result of an empirical research conducted by the authors and is based on their experience in teaching at the academic level and also on the experiences of other professors from Bucharest Academy of Economic Studies. This paper aims to develop a qualitative research on how teacher’s communication style is influencing students’ satisfaction, and to find out how it affects the relations with students, how e- learning by Information and Communication Technologies (ICT) can improve teacher – student communication, interactions, relations or student participation in and outside the class. The main research method was a questionnaire. Most of the questions reflect Hecht’s conceptualization of communication satisfaction, and also other authors contributions on the subject like Alan K. Goodboy, Matthew M. Martin and San Bolkan. The questionnaire was used also to find answers to how new modern informatics techniques can improve teacher-student communication, relations, interaction and participation in and outside the class. The sample included the students from the second year from public administration specialisation and a small number of teachers. During the research process we found out more about how well did we managed to communicate with our students from the second year and what we can do in order to improve our communication process based on their preferences. In the end, the paper presents some practical solutions for improving both persuasive communication between teachers and students and the interactions between them using IT&C instruments for a more effective participation in and outside the class.

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Vartotojų lojalumo nustatymo metodinio potencialo analizė

Author(s): Juozas Bivainis,Neringa Vilkaitė / Language(s): Lithuanian Issue: 1/2010

Loyalty evaluation is the the utmost gap in mosaic of loyalty surveys. Surveys of this field are fragmentary and the touch upon this problem exists only in the context of other surveys‘ purposes. Customer loyalty surveys of the latter two decades are generalized in the paper. Methods for customer loyalty evaluation are classified into three different content groups: 1) grounded on behavioural measures; 2) grounded on attitude measures; 3) multi-dimensional methods. Positive and negative aspects of each method group are identified. The topicality of objective customer loyalty evaluation under the circumstances of social economic changes nowadays is discussed, points of reference for systematic solution of this problem are formed: complex analysis of factors determining customer loyalty; multicriteria evaluation; estimation of quantitative parameters of organizational benefit dependence on customer loyalty level.

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Emotional Marketing Concept: The New Marketing Shift in the Postmodern Era

Author(s): Tomas Rytel / Language(s): English Issue: 1/2010

The paper provides key assumptions for the development of the new theory shift, emotional marketing, as a natural outcome of the postmodern (consumer) society conditioned by the increasing need for consuming symbolic senses. Symbolic features of exchange objects shape the needs of the contemporary consumer, having a greater impact on their choice on the market. Emotional exchange factors affected by the increasing culture of consuming symbols become the key attribute of exchange in the postmodern era, therefore formation of the emotional marketing concept becomes a relevant object of research in contemporary marketing management. The increasing significance of symbols (their meanings and senses) in the contemporary consumer society becomes the key consumption stimulating factor and forms a new ethos of consumption, which triggers development of new marketing shifts.

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Informacinių technologijų sukeliamų apskaitos pakitimų tyrimas

Author(s): Jonas Bukevičius / Language(s): Lithuanian Issue: 1/2010

The latest computing technology, the application of information technology (IT) to accounting pose new challenges for the same records and how they are organized. There are additional requirements for the accounting staff, formation of accounting service companies, special software products developed for accounting management which are likely to create a new organization of accounting in Lithuanian enterprises. However, the recent introduction of information technologies do not always lead to development of accounting. As a result, after the introduction of the records of the latest information technologies, accounting development trends are not always observed in practice. The cases are often observed when this leads to an increase in workload of accounting staff. The problem of internal control system for using computer software emerges additionally. The new terms will also appear such as qualified accountants’ assessment problems, public accounting services start-up control. In organizing the public accounts activity we need to observe the diversity of accounting software products. The paper reveals the nature of the trends mentioned in the records, the relevant accounting issues, the proposals for their decision. As an option, it is recommended to start public practicing accountants attesting carried out in public, professional organizations of the country. Furthermore, it is recommended to start the accounting services business licensing, to organize their control system. It is also proposed to introduce into accounting the software product certification so that consumers can trace their qualified diversity.

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