Faculty of Law and Administration

Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges' posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute's intention, especially when ethnic minority groups are involved.

Most of the world’s natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to such commodities makes indigenous peoples the subject of widespread human rights violations. This article discusses the indigenous peoples’ situation in light of Garret Hardin’s theoretical “Tragedy of the Commons” concept of the correlation between shared resources and their depletion before the reality of the major role Multinational Corporations (MNCs) play in the abuse of indigenous peoples’ rights. At the international level, we find a progressive consensus in recognizing the rights of indigenous peoples with regard to the management of their lands and natural resources. We argue that the absence of an international and permanent mechanism for holding MNCs accountable for environmental pollution and human rights abuses remains one of the biggest threats to indigenous peoples’ rights. Resorting to transnational and international litigation to close this accountability gap seems to be the last resort for indigenous peoples. This article explores examples in national jurisdictions which establish enforceable environmental rights such as environmental personhood, the recognition of the fundamental rights of Mother Earth, the harmonious construction of the right to clean environment and right to life, and the right to be consulted and accommodated, all of which are relevant to indigenous peoples. This article links the relationship between human rights and environmental protection and, to establishes that resource ownership and communal management of shared resources, rather than state’s control, are necessary for both the protection of the environment and, by extension, of indigenous peoples as socially and culturally distinct groups.

Most of the world’s natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to such commodities makes indigenous peoples the subject of widespread human rights violations. This article discusses the indigenous peoples’ situation in light of Garret Hardin’s theoretical “Tragedy of the Commons” concept of the correlation between shared resources and their depletion before the reality of the major role Multinational Corporations (MNCs) play in the abuse of indigenous peoples’ rights. At the international level, we find a progressive consensus in recognizing the rights of indigenous peoples with regard to the management of their lands and natural resources. We argue that the absence of an international and permanent mechan...

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 consequence would 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]”.

Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.

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. I...

Information as a matter of contractual obligation. Information as a matter of contractual obligation, thus far has not been subject to complex considerations of civil law science. In this respect, judicature either, does not provide plausible material for analysis. The basic aims of the author`s publication were focused on an attempt to systematize knowledge concerning information within civil law aspect together with highlighting still multiplying classification and interpretative difficulties which stem from certain legal solutions (possibly lack of them), having influence on the main subject of this article. The publication deals with acknowledging information as a matter of a service. Besides, there were presented regulating concepts of the above mentioned services in the new Civil Law Code and Draft Common Frame of Reference. The article was dedicated to considering the possibility of acknowledging information, among others, as a matter of a specific-task contract, license contract, know-how contract.

In the Polish legal system, the principles of acquiring professional qualifications by graduates were regulated primarily in the Act of 17 July 2009 on graduate practices. The provisions of this Act raise serious doubts of an interpretative nature, mainly due to the lack of a clear and comprehensive indication of the legal regime of the graduate practice contract. Meanwhile, determining what legal provisions, as well as how they apply to the graduate practice contract is of great importance, because in the event of an erroneous legal qualification of such a contract, its parties are exposed to far-reaching legal consequences. Due to the carried out considerations it was assumed that the graduate practice contract is a labor law contract, to which civil law provisions should be applied by analogy (in addition to the provisions of the Act of 17 July 2009 on graduate practices and labor law provisions mentioned in this Act). The Author also formulated de lege ferenda postulates.

The Comparative Labor Law Dossier (CLLD) in this issue 2/2018 of IUSLabor is dedicated to the labor impact of technological devices. We have had the collaboration of internationally renowned academics and professionals from Belgium, El Comparative Labor Law Dossier (CLLD) de este número 2/2018 de IUSLabor está dedicado al impacto laboral del uso de dispositivos tecnológicos. Se ha contado con la participación de académicos y profesionales de prestigio

The reason for writing this article was the generation on 23 December 2013 by an algorithm (called "Quakebot") written in programming language by the journalist "Los Angeles Times" Ken Schwencke of a press release about the earthquake that was registered that day five miles from Westwood (California, USA). This information was prepared based on the USGS Earthquake Notification Service message posted on the government website. The article formulates the view that the personal nature of employment under employment does not exclude the possibility of creating a work with the use of AI (Artificial Intelligence). In addition, it was found that the piece of work does not lose its legal character even if it was created using public sector information, as well as that it is acceptable to re-use public sector information for commercial purposes, obtained through AI (Artificial Intelligence).

[DIFFERENCES BETWEEN PRIVATE INTERMEDIATION IN EMPLOYMENT AND PROVIDING INFORMATION SERVICES ABOUT EMPLOYMENT THROUGH TELECOMMUNICATIONS SYSTEMS]

Provisions of art. 18 (1) point 1 and art. 18c (2) point 4 of the Act on promotion of employment and labour market institutions of 20 April 2004, due to their far-reaching imprecision, raise the question what the mutual relationship between these provisions is, in particular, whether the services listed in Article 18c (2) point 4 of the mentioned Act fall within the conceptual scope of private intermediation in employment, or, on the contrary, they constitute services that cannot be classified as private intermediation in employment. The article analyzes in detail the regulations related to collecting (in the form of an electronic document) and providing information about employment through telecommunications systems. The difference between passive and active intermediation in employment has been shown, and an attempt has been made to indicate the legal regime of the contract for provision of services listed in art. 18c (2) point 4 of the mentioned Act.


Streszczenie. Treść art. 18 ust. 1 pkt 1 oraz art. 18c ust. 2 pkt 4 ustawy z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy, z uwagi na ich daleko idącą niedookreśloność, rodzi pytanie o to, jaka jest wzajemna relacja obu tych regulacji, w szczególności, czy usługi wymienione w art. 18c ust. 2 pkt 4 wskazanej ustawy mieszczą się w zakresie pojęciowym pośrednictwa pracy czy też przeciwnie, stanowią one usługi, których nie można zakwalifikować jako pośrednictwo pracy. W artykule szczegółowo przeanalizowano regulacje związane z gromadzeniem (w postaci dokumentu elektronicznego) i udostępnianiem informacji o wolnych i poszukiwanych miejscach pracy za pośrednictwem systemów teleinformatycznych. Ukazano różnicę między biernym i czynnym pośrednictwem pracy, a także podjęto próbę wskazania reżimu prawnego umowy o świadczenie usług wymienionych w art. 18c ust. 2 pkt 4 wskazanej wyżej ustawy. Słowa kluczowe: pośrednictwo pracy, usługi informacyjne, system teleinformatyczny, dokument elektroniczny, zatrudnienie.

This study is an analysis of the existing regulations regarding the construction of the trade union organization, the mechanism for raising objections regarding the number of members of the trade union organization and the representativeness of trade unions. The latest amendment to the Trade Unions Act, introducing a change in the coalition law in trade unions, modifies the structure of the trade union organization at the same time. Also the criteria for establishing representativeness of a company or supra-company trade union organization have been materially amended. As regards supra-company trade union organizations, the threshold of representativeness has been increased from 10% to 15% per total of not just employees, as previously, but all persons performing paid work and covered by the scope of a given organization’s statute. Also on the company level the percentage thresholds of representativeness have been increased. In addition, the legislator introduced a new type of repre...

This study is an analysis of the existing regulations regarding the construction of the trade union organization, the mechanism for raising objections regarding the number of members of the trade union organization and the representativeness of trade unions. The latest amendment to the Trade Unions Act, introducing a change in the coalition law in trade unions, modifies the structure of the trade union organization at the same time. Also the criteria for establishing representativeness of a company or supra-company trade union organization have been materially amended. As regards supra-company trade union organizations, the threshold of representativeness has been increased from 10% to 15% per total of not just employees, as previously, but all persons performing paid work and covered by the scope of a given organization’s statute. Also on the company level the percentage thresholds of representativeness have been increased. In addition, the legislator introduced a new type of repre...

Recent times have shown that we need to address issues such as electronic communication related to home office and telecommuting. In many places, the physical workplace has been transformed into a back office-type organizational unit. Exchange of information between an employee working in a home office or teleworking and the back office. In our study below, we examined how the exchange of information between the individual units can be implemented in Hungary and Poland. In this study, we examine the legal and economic framework. We examined the relationship between digitization and SMEs through job advertisements and a questionnaire survey. The focus of our study was on accounting and decision support tasks. Our research question: What are the expectations of SMEs nowadays for accounting and decision support tasks and jobs? What are the labour law implications and consequences of these expectations?