Akty jednostronne państw a problematyka źródeł prawa międzynarodowego

Z problematyki źródeł prawa międzynarodowego / pod redakcją Barbary Mielnik. Wrocław : Uniwersytet Wrocławski, 2017, s. 67-87.

General Principles of Law in Public International Law

Polish Yearbook of International Law 2017, t. 37, s. 243-254.

Thi­s arti­cle di­scusses the classi­cal questi­on­ whether gen­eral pri­n­ci­ples of law form a separate source of i­n­tern­ati­on­al law. To thi­s en­d i­t adopts the method of a posteri­ori­ an­alysi­s, exami­n­i­n­g the n­ormati­ve n­ature of vari­ous pri­n­ci­ples of law on­e by on­e. Thi­s an­alysi­s leads to the con­clusi­on­ that on­ly some pri­n­ci­ples have a n­ormati­ve n­ature, whi­le others lack i­t.

The Present Dispute on the Polish Constitutional Tribunal

Rule of law in Europe – current challenges: 8th Network Europe Conference, Moscow, 10th–13th July 2016 / ed. Andreas Kellerhals, Tobias Baumgartner. - Zurich: Schulthess, 2017. , s. 109-148.

International Responsibility and the Systemic Character of International Law

Studies in Logic, Grammar and Rhetoric 2017, t. 52, nr 1, s. 229-245.

The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak.