<title>International and Comparative Law Review Feed</title>
<link>https://sciendo.com/journal/ICLR</link>
<description>Sciendo RSS Feed for International and Comparative Law Review</description>
<lastBuildDate>Wed, 28 May 2025 21:45:07 GMT</lastBuildDate>
<docs>https://validator.w3.org/feed/docs/rss2.html</docs>
<generator>https://github.com/jpmonette/feed</generator>
<image>
<title>International and Comparative Law Review Feed</title>
<url>https://sciendo-parsed.s3.eu-central-1.amazonaws.com/6471f190215d2f6c89db614a/cover-image.jpg</url>
<link>https://sciendo.com/journal/ICLR</link>
...</image>
<copyright>All rights reserved 2025, Sciendo</copyright>
<item>
<title>
<![CDATA[ The Sustainability Concept in the Consumer Purchase Contract – Is the R2R Directive Sustainable Enough? ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0019</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0019</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The article deals with the legal analysis of Directive (EU) 2024/1799 (so called Right to Repair Directive), which represents a key step in the regulation of the right to repair of goods in the European Union. The Directive aims to promote sustainable consumer behaviour, extend the lifetime of products and contribute to the objectives of the circular economy. The article focuses on the key provisions of the Directive, analyses its benefits and weaknesses, and identifies the legal challenges associated with implementation, including the impact of intellectual property rights, economic and cultural barriers to repair, and the lack of a clear preference for repair over replacement of goods. The paper concludes by assessing that the Directive represents a significant step in the right direction, but that its effectiveness depends on further adjustments to strengthen its impact and meet the European Union’s ambitious sustainability objectives.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Attribution of Cyber Operations: Technical, Legal and Political Perspectives ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0022</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0022</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The article deals with the issue of attribution of cyber operations from the technical, legal and political point of view. The first part is devoted to the possibilities of technical attribution, which have increased significantly in connection with the development of technology and the sharing of information about attackers. The second part discusses the issue of legal attribution for purposes of state responsibility under international law, with attention also given to the burden of proof and standard of proof. The third part briefly summarizes the problem of political attribution and the possibility of establishing an international attribution mechanism.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ The EU AI Act’s Alignment within the European Union’s Regulatory Framework on Artificial Intelligence ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0017</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0017</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The European Union (EU) Artificial Intelligence (AI) Act is the first horizontal regulation on AI, aiming to regulate the development, placement on the market, and use of AI systems in the EU. The initial proposal was published by the European Commission (EC) in April 2021, and after an intensive three-year period of discussions, revisions, and negotiations, on December 9, 2023, a provisional agreement was reached on the final text. This marked the culmination of a series of ethical policy and legislative foundations that have created a broad and highly influential regulatory framework on AI in the EU. However, the consistency of the final draft within this established institutional environment on AI merits a close examination. This paper studies the AI Act text and its alignment within this framework. It will use the partial institutional analysis method to map the regulatory landscape, identify the most important sources within the said scope, and critically assess their consistency.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ International Organizations and AI-Supported Humanitarian Aid: Navigating through the Applicable (Data Protection) Legal Regimes ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0018</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0018</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The increasing reliance of international humanitarian organisations on artificial intelligence (AI) to fulfil their mandates gives rise to a number of legal issues, including those pertaining to data protection and the role of individual consent. By focusing on the law and practice of the World Food Programme (WFP) this paper makes a twofold contribution. First, it argues that the enforcement of relevant national and regional data protection and AI legal regimes in relation to the work of international humanitarian organizations is generally precluded by the immunities to which they are entitled under international law. It is therefore the internal regimes of these organisations that provide the most relevant legal framework governing the use of AI and subsequent data gathering. Second, this paper demonstrates that, rather than focusing on the notion of consent, humanitarian organisations should prioritise the incorporation of robust safeguards for data protection and the responsible use of AI into their respective internal regimes.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ The Inspection of Natural Persons who are not Entrepreneurs in the Field of Air Quality Protection in Poland and the Czech Republic ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0025</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0025</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
This article is an attempt at a synthetic discussion of selected elements of the legal model of air pollution protection in Poland and the Czech Republic. The aim is to bring this issue closer to a wider audience, which may be a contribution to an international academic discussion in this field. Within the scope of this article, it is impossible to cover all the threads related to the control of natural persons who are not entrepreneurs in the field of air quality protection in Poland and the Czech Republic, hence the focus will be on selected elements. I justify the reference to Czech legislation on the grounds of geographical proximity (neighbourhood with Poland), similar problems (a post--communist country), and membership in the EU. Despite these apparent similarities, the two countries deal with air protection in quite different ways. According to reports by the European Environment Agency, the Czech Republic has better air quality than Poland. The article uses formal-dogmatic, statistical and comparative methods.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ E-democracy and Internet Access in EU Law: Strengthening Democratic Participation in the Digital Age ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0020</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0020</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Nowadays Internet technologies are developing so much that they cover new social relations. Human life is undergoing rapid digitalisation, which inevitably leaves an imprint on the protection of fundamental rights. Political life is no exception either. Today the legal experience shows that the European states are already offering various effective mechanisms and solutions to strengthen their democratic principles, which are based precisely on Internet technologies, in which the concept of e-democracy (“electronic democracy”) is increasingly becoming an urgent topic of research. In this research, the authors will analyse on how the Internet access can ensure a dialogue between citizens and the government, as well as strengthen the EU’s democratic principles in the digital world. Moreover, the authors will also focus on the law enforcement experience of different European states in order to bring out their positive aspects that can become effective guidelines for building an appropriate mechanism for the participation of EU citizens in political life through Internet technologies.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Russian aggression against Ukraine and the law of countermeasures – a momentum for caution or an opportunity for evolution? ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0021</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0021</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The paper addresses some of the challenging legal issues invoked by the response of the part of the international community to the Russian aggression in Ukraine in 2022. These legal issues were selected through the lenses of evolution versus caution paradigm. In particular, it maps the issue of the permissibility of third--party countermeasures, a topic that has already enjoyed attention of the doctrine but is still controversial. It then focuses on the issue of confiscation of frozen Russian assets as a possible form of countermeasure. This issue is addressed through the optics of the human right to private property and briefly also through the lenses of the law on the immunities of States. The paper then addresses a complicated issue of possible claims against sanctions initiated in international investment arbitration. It focuses primarily on the question whether host States can raise the defence of countermeasures in investment arbitration.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Individual Human Rights and National Interests – Finding the Balance: the Case of India and Russia ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0023</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0023</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
This paper advances the individual human rights perspective to the understanding of national security by viewing it from a comparative lens concerning India and Russia. The question that is explored is how to safeguard individual human rights and human security at the larger level from the unwarranted restrictions imposed under the garb of national security. Although in countries like India, the judiciary is supposed to hold governments to the high constitutional principles that might be violated in the name of unwarranted security threats. On the other hand, in countries like Russia, a tyrannical leader, that keeps firm hands-on power for decades, can ignore the courts and other institutions, dismiss the check-and-balances, and produce massive human rights violations. In this light, this article attempts to provide solutions to these comparative situations by securing the right of defense, redefining extraordinary powers with the state, and restricting the power of law enforcement agencies.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Smart City Data Commons under the Data Governance Act – Lowering the Threshold Toward Introducing Smart City Data Commons ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0016</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0016</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Smart Cities will provide an unprecedented trove of data that is set to revolutionize the efficiency of cities and the competitiveness of businesses according to the EU’s Strategy for Data. The governance of this data is concerning, for it is already evident that non-personal data can significantly affect communities, an effect which would be amplified in a smart city. However, under the EU’s current legal framework the ability of communities to govern non-personal data in smart cities is almost non-existent. Consequently, smart city data commons have been highlighted as a possible solution, through which communities could be empowered to govern the data they generate. However, the question arises whether such commons could exist under the current EU legal framework. This paper aims to examine this question in the light of the Data Governance Act and whether smart city data commons could exist as data intermediation services or data altruism organizations.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Proportionality of the Application of Criminal Liability for Gifts in the Healthcare System of Lithuania: Alternatives for Effective Corruption Prevention ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0024</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0024</guid>
<pubDate>Wed, 05 Mar 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Proportionality is a fundamental principle of criminal law. The issue whether the application of criminal liability to patients and doctors for participating in illegal gift “transactions” with the use of descriptive, analytical, logical, and comparative methods was examined. Focusing on utilitarianism and retributivism, the content of proportionality was presented: the balance between benefit to society and harm to the offender, the effectiveness of punishment, the implementation of justice as retribution, and the dangerousness of the offence and the offender. The conclusion was made that the criminal liability for gratitude gifts in the healthcare system is not proportionate. Consequently, recommendations were made for the establishment of disciplinary or administrative liability for symbolic gifts of gratitude in the healthcare sector of Lithuania.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Human Dignity as the Foundation of Peremptory Norms in International Law: Theoretical Considerations and Practical Implications ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0004</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0004</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The concept of human dignity receives considerable scholarly attention in international law. More often, however, such studies primarily focus on the genesis, definition, and functions of human dignity across various domains of international law, particularly within the ambit of international human rights law. This research seeks to inquire into a less-explored connection between human dignity and jus cogens. Such an attempt is made to elucidate the foundational character of human dignity for peremptory norms through the examination of travaux préparatoires of the 1969 Vienna Convention on the Law of Treaties, relevant treaties, as well as international and domestic jurisprudence. The overarching aim of this study is twofold: firstly, to enrich the discourse on human dignity by examining it as a general legal principle underpinning jus cogens, while illuminating its operational role within the international legal order; secondly, to provide further insights into the legal category of jus cogens by delineating the rationale for its existence and the foundations that support it.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Constitutional Order and the Rule of Law in a Time of War in Ukraine ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0015</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0015</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Today, Ukraine and its constitutional order are facing enormous internal and external challenges. The key challenges for the national legal order of Ukraine at the moment are, inter alia, the constitutionality of specially adopted legislation, the effective provision and protection of basic human rights and fundamental freedoms, compliance with the proportionality principle in the case of temporary restrictions on human rights, the preservation of the system of checks and balances under the principle of the separation of powers, ensuring access to an independent and impartial judiciary and recognition of the legal status and jurisdiction of future international courts, etc. Undoubtedly, this war in the centre of Europe requires the consolidation of the entire international and European community and the elaboration of effective mechanisms to counteract and stop aggression. Thus, the war in Ukraine is a challenge to the system of international public law and democracy in general.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Dignity in the Jurisprudence of European Court of Human Rights ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0007</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0007</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The notion of dignity is the underlying conceptual foundation of international law of human rights in. It is also the basis for guarantees of all human rights in general, irrespective of the protected individual, scope, character of the right or freedom or irrespective of the particular generation of human rights. Dignity is also the concept that evades its exhaustive definition. The European Convention on human Rights (ECHR) does not contain the term “dignity” in its core text. It can be found only in the preamble to the additional protocol to the ECHR n°13 . Despite that fact, the case-law of European Court of Human Rights (ECtHR) refers to the notion of dignity frequently and in numerous aspects. The purpose of this article is to analyze the ECtHR’s jurisprudence referring to the notion of dignity in order to examine the Court’s approach in this regard. Due to the limited framework of the study, it will focus mostly on articles 3 and 8 of the Convention.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ A Just Energy Transition in the International Investment Agreements ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0012</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0012</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The polarity of arguments is significant among EU Member States, EU institutions, and scholars on the modernisation outcome of the Energy Charter Treaty (ECT). The principal disagreement is whether the modernised agreement aligns with the Paris Agreement and meets the goals of a ‘just transition’. The modernised treaty, as a first investment treaty, has introduced a flexibility mechanism to end the protection of fossil-fuel related investments. The article aims to analyse the draft reformed treaty from a conceptual perspective, aiming to contribute to an understanding of the just transition concept in the context of international investment law and transitioning away from fossil fuel-related investments.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ The Polysemy of the Concept of Human Dignity in the Jurisprudence of European Constitutional Courts: A Potential Threat to Human Rights Protection? ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0008</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0008</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The concept of human dignity is often invoked by constitutional courts in Europe and worldwide, especially in sensitive issues like protecting unborn life, end-of-life decisions, and prisoners’ conditions. However, its interpretation varies significantly across national and supranational bodies, such as the European Court of Human Rights and the European Court of Justice, leading to potential confusion and threats to common European standards. This paper explores whether a universal “language” of rights exists or if current interpretations create a “legal Babel.” Through a comparative analysis of France, Germany, and Hungary, the study illustrates how diverse uses of human dignity affect fundamental rights protection. It argues that while pluralistic interpretations are not inherently dangerous, certain judicial uses of the concept could undermine the coherence of the European legal order and weaken human rights. The paper emphasizes the need for a balanced approach to ensure that human dignity strengthens rather than compromises human rights.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ The Denial of the Full Humanity of Others in Current U.S. Political Discourse. Legal Regulation and Conformity with International Obligations ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0011</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0011</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Despite the fact that humanity would like to think of dehumanization as a relic of a darker past, nowadays this topic is still relevant, but has acquired new shades. Today, it often becomes a tool for high-level politicians to achieve their goals: to gain cheap loyalty based not on unity of views and values, but on the fear of “others”, and to legitimize the mistreatment of certain groups of people. This problem affects not only authoritarian states but also democracies, and the United States is no exception. Therefore, this article examines the legal aspects of strategic dehumanization under the U.S. legal order and analyzes its consistency with U.S. international obligations..
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Human Dignity as an Intrinsic Value of the Ius Gentium. Some Considerations on Individual Opinions to ICJ Decisions by Judge Antônio Augusto Cançado Trindade ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0005</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0005</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
The phenomenon of human dignity is very much present in differnt theoretical studies and scholar papers mostly devoted to human rights area. Similarly, the concept of human dignity is used as reference to value or principle by different adjudicative bodies on municipal or international level. This paper aims to present some tiny puzzle part theoretically constructed on individual opinions by Judge Antônio Augusto Cançado-Trindade, which were joint to judgments and decisions adopted by the International Court of Justice during his mandates from 2009 to 2022. Human dignity, or broadly perceived as the principle of humanity has been used by Judge Cançado-Trindade on many occasions and in a variety of areas of international law going form the law of treaties to the law of the protection of cultural heritage. Four distinct areas have been selected out of Cançado-Trindade’s individual opinions that shows how and to what extent human dignity revives specific concepts of international law: reparations, administration of justice, people-centred look on international law, inter-generational natural and cultural heritage.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Dignity as a Source of Freedoms and Rights of Children in Poland ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0010</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0010</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Dignity is a fundamental value in human life, in human social functioning, as well as in the legal order. It is inalienable, inherent and inviolable. In Poland, human dignity is guaranteed by Article 30 of the Constitution of the Republic of Poland. The indicated regulation determines the position of a person in the legal system, grants him subjectivity and takes away the right of state power to determine his status. Dignity is possessed by every human being, regardless of age, gender, race, religion. It is also possessed by children. The Polish Constitution ensures the protection of children’s rights while safeguarding their dignity, which should not be abused or restricted by others. It should be a fundamental value during childhood. Granting subjective status to children means that those responsible for the actual realization of their rights are limited in their actions, while at the same time they are obliged to respect them.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Some Remarks on Dignity in the Jurisprudence of the Polish Constitutional Tribunal ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0009</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0009</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Human dignity is a legal category that emerged in the 20th century due to the experiences of World War II and totalitarianism. Today, it is a recurring theme in international and national laws, including constitutions. In Poland, public authorities are mandated to uphold and safeguard dignity. The Constitution of the Republic of Poland elevates the concept of dignity to a legal norm that guides the actions of public authorities. The Constitutional Tribunal has made several statements about dignity, which provide a comprehensive understanding of the subject from various perspectives. This article explores the jurisprudential perspective that has shaped the constitutional approach to dignity in Poland, focusing on the Polish jurisprudence of the Constitutional Tribunal, which is influenced by comparative law.
]]>
</description>
<category>ARTICLE</category>
...</item>
<item>
<title>
<![CDATA[ Dignity Beyond the Human Person, Issues, Risks and Perspectives in EHR Law ]]>
</title>
<link>https://sciendo.com/article/10.2478/iclr-2024-0006</link>
<guid>https://sciendo.com/article/10.2478/iclr-2024-0006</guid>
<pubDate>Thu, 13 Feb 2025 00:00:00 GMT</pubDate>
<description>
<![CDATA[
Human dignity is at the heart of the project of safeguarding and developing conventional fundamental rights. Dignity was conceived by the European Court as the foundation and purpose of the human person. However, the human person is no longer the only one to be the subject of protection, the Court having gradually integrated the question of the protection of animals in particular. If some authors wish to extend the concept of dignity to animals, the study will demonstrate that it is currently neither possible (de lege lata) nor desirable (de lege ferranda) to make this paradigm shift.
]]>
</description>
<category>ARTICLE</category>
...</item>