SILESIAN JOURNAL OF LEGAL STUDIES
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SILESIAN JOURNAL OF LEGAL STUDIES
CONTENTS VOL. 9
Foreword by
Joanna Nowakowska-Małusecka
Katowice 2017
Editor of the “Law Series”
Andrzej Matan
Reviewers
Bogumił BRZEZIŃSKI, Artur KOZŁOWSKI, Bartłomiej KRZAN, Jerzy MENKES, Agnieszka OLESIŃSKA, Łukasz POHL, Massimo STARITA,
Katarzyna ŚWIĘCH, Patricia TELES, Daniel WACINKIEWICZ
Ia. Scientific Board:
Andrzej BISZTYGA (Zielona Góra University, Poland),
Marek BOJARSKI (Wroclaw University, Poland), Paulo Ferreira da CUNHA (Universidade do Porto, Portugal), Adam CZARNOTA (Oñati International Institute
for the Sociology of Law, Spain, Universidad del País Vasco, San Sebastian, Spain, University of Bialystok, Poland), Israel DORON (Haifa University, Israel),
Angelo Viglianisi Ferraro (Universita degli Studi Mediterranea, Italy), Javier LETE (University in Santiago de Compostella, Spain),
Cornelius G.van der MERWE (Stellenbosch University, Republic of South Africa), Cezary MIK (Cardinal Stefan Wyszynski University, Poland),
Andrea OLSOVSKA (University in Trnava, Slovakia), Ryszard PIOTROWICZ (University of Aberystwyth, Wales),
Nadezda ROZEHNALOVA (Masaryk University Brno, the Czech Republic), Leon CHEŁMICKI-TYSZKIEWICZ (Higher School of Labour Safety Management
in Katowice, Poland), Maria ZABŁOCKA (Warsaw University, Poland)
Ib. Members from University of Silesia:
Rafał BLICHARZ, Bogdan DOLNICKI, Jadwiga GLUMIŃSKA-PAWLIC, Anna ŁABNO, Barbara MIKOŁAJCZYK, Wojciech POPIOŁEK,
Zygmunt TOBOR, Tadeusz WIDŁA
IIa. Editorial committee:
Joanna NOWAKOWSKA-MAŁUSECKA (Editor-in-Chief), Nick FAULKNER (Linguistic editor),
Anna HOŁDA-WYDRZYŃSKA (Secretary)
IIb. Members:
Magdalena HABDAS, Katarzyna POKRYSZKA, Ilona TOPA
III. The first level review committee:
Piotr GAŁA, Monika JAGIELSKA, Joanna JAGODA, Grzegorz ŁASZCZYCA, Ryszard MIKOSZ, Robert NETCZUK, Piotr PINIOR, Ewa ROTT-PIETRZYK, Anna STAWARSKA-RIPPEL, Urszula TORBUS, Piotr ZAWIEJSKI, Marek ZDEBEL
The publication is available at:
Central and Eastern European Online Library
www.ceeol.comŚląska Biblioteka Cyfrowa
www.sbc.org.pl5
TABLE OF CONTENTS
Editorial (J o a n n a N o wa k o w s k a - M a ł u s e c k a) . . . 7
ARTICLES
I g o r B a b i n , L u d m i l a Va k a r y u k
Challenges in Rolling out the Framework of Categories and Concepts of Tax
Code of Ukraine in Terms of “Tax Liability” Category . . . 11 A g n i e s z k a B i e l s k a - B r o d z i a k
Using a Provision’s Legislative History as an Instrument for Interpretation –
Several Observations Based on Judgments of Polish Administrative Courts . . . . 18 A n n a H o ł d a - W y d r z y ń s k a
Protection of Literary and Artistic Titles under Trademark Law . . . 27 D o m i n i k a I wa n
Genocidal Discrepancies . . . 38 K a r o l i n a M a n i a
Justice in the Time of E-Commerce: Online Dispute Resolution . . . 51 P a w e ł M i e l n i c z e k
Legal Aspects of NATO in the Aegean Sea Migrant Crisis . . . 64 A n n a M u ś
Self-Determination and the Question of Sovereignty over Falkland Islands/
Malvinas . . . 78 S i m o n - P e t e r A y o o l u wa S t . E m m a n u e l
When the Prisoner is not a Prisoner: Service Work as a Non-Custodial Measure in the Treatment of Adult Offenders and as a Panacea for Prison Problems
in Nigeria . . . 96
REPORTS
Magdalena Majos-Kwiatkowska , The United Nations System from the Polish Perspective (The conference report, Warsaw, Poland) . . . 109 Małgorzata Myl , Summer University of Srebrenica (The report, Srebrenica,
Bosnia and Herzegovina) . . . 114 Sylwia Żyrek , The EU without the UK, the Implications and Legal
Consequences of Brexit (The conference report, Warsaw, Poland) . . . 118
6
* * *
List of selected books published by the researchers of the Faculty of Law
and Administration of the University of Silesia in 2016 . . . 123 List of conferences organised at the Faculty of Law and Administration
of the University of Silesia in 2016 . . . 127
7
EDITORIAL
This is the ninth issue of the Silesian Journal of Legal Studies and we once again warmly welcome you to its selection of articles. The topics tend to overlap and continuing discussions made in previous issues, providing new aspects and arguments. We have again invited researchers from various different countries as well as representatives of legal sciences from many Polish scientific institutions to share the results of their research. The issue has work by authors from Poland as well as from Ukraine and Nigeria, presenting their knowledge and opinions, and some of them are gracing our columns not for the first time.
The text by Ukrainian Authors – Igor Babin and Ludmila Vakaryuk – gives a broad overview of issues on tax law in Ukraine in terms of “tax liability”. The second article, prepared by Agnieszka Bielska-Brodziak from the University of Silesia, concerns a very interesting problem connected with interpretation in the context of judgments of Polish administrative courts. Further, Anna Hołda-Wydrzyńska, also from the University of Silesia, takes a closer look at trademark law, and in particular at the issue of the protection of literary and artistic titles. There are two articles prepared by PhD candidates at the University of Silesia – Dominika Iwan and Anna Muś, devoted to hot topics of international law. The first one focuses on the crime of genocide and its interpretation in the context of judicial decisions of international criminal courts and tribunals.
The second one presents an interesting view on the principle of self-determination and the question of sovereignty over the Falkland Islands/Malvinas. Also dealing with issues of public international law is the paper submitted by Paweł Mielniczek from the University of Warsaw, in which he sets out ideas on the migrant crisis in connection with the legal aspects of NATO in the Aegean Sea.
Another interesting text comes from the Jagiellonian University, in which the author, Karolina Mania, focuses on questions connected with justice in a time of E-Commerce.
She touches upon several crucial problems to this penetrating topic.
In this issue of the Journal, we are again pleased to present an article related to human rights aspects. This time the author, Simon-Peter Ayooluwa St. Emmanuel from Adekunle Ajasin University in Nigeria, concentrates on the issue of prisoners’ rights in Nigeria, and the specific question of service work as a non-custodial measure in the treatment of adult offenders.
This issue also contains reports on selected conferences and seminars organised by various scientific institutions, at which researchers from the Faculty of Law and Administration of the University of Silesia took an active part. For the Faculty, the first two reports are of great importance and should draw the reader’s attention, as PhD candidates participated there.
As in previous issues, we present a list of selected monographs published in 2016 by
researchers from our Faculty of Law and Administration, as well as a list of conferences
organised or co-organised by the Faculty and our Foundation Facultas Iuridica. We would
8
like to stress that the publication of the Journal is, as in previous years, possible thanks to Facultas Iuridica, which covers most of the publishing costs of the Journal.
Issue No 9 of SJLS touches upon several disciplines: theory of law, economic law, public international law, human rights and EU law, and they are represented by researchers from universities from a range of countries. From this it is clearly visible that, as in previous issues of the Journal, we continue international discussions on a broad range of legal problems – discourse across borders, not only European. We would like to go further in this direction in our subsequent editions, which is why we warmly invite researchers from Polish and foreign universities to read this and to submit their texts to us, sharing their views on legal problems. The materials contained in the issue may be useful not only for researchers, but also for practitioners, as well as for students and PhD candidates. You can find us at www.sjls.us.edu.pl.
Joanna Nowakowska-Małusecka
Redaktor Wacław Walasek
Projektant okładki Michał Motłoch
Redaktor techniczny Ireneusz Olsza
Copyright © 2017 by Wydawnictwo Uniwersytetu Śląskiego
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ISSN 0208-6336
ISSN 2080-1912 (wersja drukowana) ISSN 2353-9666 (wersja elektroniczna)
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