Polish Political Science Yearbook

4

Authors: Radoslaw Łukasz Zych

Conference Report

10

Authors: Brygida Kuźniak, Ihor Zeman

: The article aims to address the following question: in the case of a war in Ukraine, is public international law an obstacle to the application of combined international enforcement action within the framework of the collective security system under the auspices of the United Nations, or whether such impediments lie elsewhere? Russia’s presence in the Security Council as a permanent member, and thus endowed with the privilege of vetoing resolutions, paralyses this body. Therefore, the subject of the analysis is what other actions of the United Nations are permitted by law. It is important for assessing the status of the UN as a collective actor in international relations, the main objective of which, under Art. 1 of the UN Charter, is “to maintain international peace and security, and, to that end: to take effective collective measures for (…) the suppression of acts of aggression”. Bearing in mind the fact that international law is a consensual legal order, the article assesses its available compulsory mechanisms and instruments. The supplementary objective is to determine whether it is permissible to use the term “war” with regard to the armed conflict between Russia and Ukraine.

13

Authors: Wojciech Wróblewski

Contemporary terrorism is characterised by a complex and networked model of operation. While the main objectives of terrorist acts remain the same, the attack environment, tactics and tools are changing. The international community is taking steps to strengthen counter-terrorism systems, but these are peaceful solutions. These models do not consider the conditions of hybrid armed conflicts in which terrorism is an element of combat tactics. It is a relatively new phenomenon and particularly dangerous for the civilian population. The acts of terror in hybrid warfare are not mechanisms with a simple scheme of action, and, as we try to show in this article, they represent a deliberate and broad spectrum of action. Therefore, there is an urgent need to understand terrorism in the context of the threat of hybrid war (especially when terrorist acts complement hybrid tactics or significantly replace conventional tactics). This type of threat must be recognised before achieving its strategic goals. From the substantive point of view, the article studies the problem of terrorism as one of the threats of an armed conflict in Ukraine, commonly known as hybrid war.

15

Authors: Robert Piec, Barbara Szykuła-Piec, Izabella Helena Grabowska-Lepczak, Weronika Jakubczak

The pandemic that broke out in 2019 had a significant impact on the lives of all social groups around the world. The imposed restrictions and mandatory quarantine were crucial to limit the virus’s spread. The research comprises an analysis of the psychosocial impact exerted by the pandemic that attempted to determine the response to the crisis caused by the COVID-19 pandemic and its aftermath. For this purpose, a study on social resilience in the pandemic era was worked out. The study consisted of several parts: stress and the sense of safety, education, trust and defined needs and the mass media in COVID-19. The research team decided to present the study’s results in a series of articles that will contribute to forming a complete picture of the community in the context of the analysed variables. The paper is the first in this series. It contains an analysis of variables intended to determine the level of the experienced sense of safety and its constituent, i.e., stress, and the identification of socio-demographic data strongly influencing the studied variables. The study comprised 559 individuals who were surveyed between May 2020 and November 2020 with the use of an online survey questionnaire. SPSS Statistics version 21.0 and PQStat were used to conduct statistical analyses and correlate and assess the correlation of responses. Also used were Chisquare, Fisher’s test and Pearson’s linear correlation coefficient. A logistic regression analysis was carried out for dichotomous variables. The results of the study indicate that the level of experienced stress is influenced by age, place of residence, gender and job security. The sense of safety is inversely correlated with stress, i.e., as stress increases, the sense of safety decreases, indicating a need to undertake appropriate measures to reduce stress. It may be interesting to compare the level of stress with, among other things, information retrieval from different sources. These results will be presented in the subsequent studies.

17

Authors: Roman Bäcker

Social protests in Poland not only in communist times must be considered one of the most important events. They were the most visible manifestation of the constant tension between the ruling party and a significant part of Polish society. At the same time, they were closely correlated with internal transformations within this party. The changes in the position of the First Secretary of the Central Committee of the Polish United Workers’ Party, and thus the reconfiguration of the relations of forces between interest groups within the party-state apparatus, were temporarily convergent with the largest social protests. At the same time, social protests in the times of the Polish People’s Republic and later can also be considered important stages in acquiring (or reducing) political subjectivity by large social groups not associated with the ruling party. Mass demonstrations during the pandemic will also be analysed to enrich the comparative approach.

22

Authors: Michał Marcin Kubiak

The COVID-19 pandemic affected the elderly in a special way. On the one hand, it contributed to the increase in health deficits and those related to social isolation. On the other hand, it also had a significant impact on the level and methods of support provided to seniors. The pandemic situation turned out to be a particular challenge for local governments and non-governmental organisations operating in various areas of senior policy. The general aim of the article was to analyse the state’s initiatives aimed at counteracting the effects of the COVID-19 pandemic addressed to seniors and examples of activities of the local government and the civil sector cooperating with it for the benefit of this group of people. In turn, the specific objective was to identify and understand the greatest difficulties that seniors had during the pandemic and the role played by the non-governmental organisation (both during the pandemic and as an entity of potential support in the future, which was particularly interesting given the European Union promoting services provided in the local environment). In connection with the specific objective, qualitative research was carried out using the in-depth interview method. The interviews were based on scripts that concerned four areas: problems and experiences of the elderly during the pandemic, help and support, communication, health, and well-being.

5

Authors: Rafał Glajcar

Book Review: Jerzy Jaskiernia, Dyplomacja Parlamentarna, Adam Marszałek Publishing House, Toruń 2022, pp. 975

9

Authors: Katarzyna Chałubińska-Jentkiewicz, Monika Nowikowska

The world is constantly changing under the influence of new technologies. Artificial intelligence systems are currently used in many areas of human activity. Such systems are increasingly assigned the tasks of collecting and analysing personal data. The areas successfully using AI include transport, medicine, trade, marketing, and others. The number of these areas increases proportionally with the advancement of technology. We can process vast amounts of data and analyse it using IA. It is, of course, big data that sits at the heart of AI. As computing systems generally have grown in power and capacity, data consumption has grown exponentially.

11

Authors: Mirosław Banasik

This article presents the research results, which set out to explain the mechanisms leading to the achievement of dominance by the Russian Federation in the international security environment. In the research process, the systemic approach was applied. Analysis and criticism of the literature, non-participatory observation and case study elements were used to solve the research problems. As a result, it was determined that the theoretical basis for the Russian Federation's achievement of international dominance is the concept of new generation war. The model of the strategic influence of the Russian Federation is directed at the shaping of the security environment and includes the synchronisation of kinetic and non-kinetic measures, indirect and direct effects, the blurring of the boundaries between war and peace and the application of pressure and aggression. The Russian Federation achieves strategic dominance through asymmetry, chaos, reflexive control, and strategic deterrence. Armed forces provide a key role in asserting dominance, focused on conducting offensive activities and inflicting losses with conventional and nuclear weapons.

16

Authors: Weronika Stawińska

This paper aims to indicate the changes in Polish criminal law introduced in the COVID-19 acts. The text identifies the new regulations of most importance to society. For this reason, the initial focus is on the issue of suspension of procedural time limits and some substantive law time limits from the Criminal Code. It must be stated that, from the perspective of the legal certainty principle, precisely these provisions are of the most significant importance for the defendant. Next, the changes in the Electronic tagging concerning the possibility of interrupting the execution of an imprisonment sentence and serving an imprisonment sentence were discussed. From a criminal policy point of view, higher penalties for the offences of exposure to infection and stalking should also have been mentioned. A new offence of particularly aggravated theft has appeared in the Penal Code and a new offence of obstructing a Police or Border Guard officer in performing official duties. For a more effective fight, it is also vital to provide for the possibility of imposing a new preventive measure and confiscating objects important to public health. The indicated legal developments are presented in the context of human rights protection and in light of recent literature and judicial decisions.

19

Authors: Maciej Walkowski

In the European Union, the United States and other countries of the so-called Western world, the perception of the functionalities of AI, and other instruments of Industrial Revolution 4.0 significantly differs from its perception by the PRC’s authorities, which – for a few years – have been implementing solutions aimed at comprehensive scrutiny and social supervision rather than facilitating life and work. This idea has been reflected in the so-called Social Credit System since at least 2014 and has given rise to plenty of controversies and disputes, unfortunately based on emotions and imprecise interpretation of the characteristics, aims, and implementation of the project rather than knowledge. While the new, digital model of social management in China is extensively discussed in the literature, it is rarely addressed in Polish studies, which results in the scarcity of publications on this subject. This paper attempts to fill this gap by presenting the essence of the system and the progress of its implementation.

21

Authors: Paweł Ślaski, Małgorzata Grzelak

The article consists of two parts. The first part describes the essence of the national security system and its structure. Using the Ishikawa diagram and the value chain, the authors presented the shortcomings of the national security system and a sequence of actions that can improve it. The second part of the article is devoted to material stocks and their role in the analyzed system. The survey research presented in this part of the article confirmed the importance of material stockpiles in ensuring national security. In addition, the research highlighted the need for government organizations to cooperate in the continuous replenishment of material stocks during a crisis.

4

Authors: Karolina Owczarek

Book Review: Joanna Rak, Roman Bäcker (Eds.), Neo-militant Democracies in Post-communist Member States of the European Union, Routledge, London and New York 2022, pp. 268.

7

Authors: Bartosz Kozicki, Jarosław Zelkowski, Szymon Mitkow, Mariusz Gontarczyk

The study attempts to forecast military expenditure in Saudi Arabia for 2020. The research began with a comparative analysis of military expenditure in Saudi Arabia and Russia between 2000–2019. For this purpose, bar charts were used on which the calculated values of the dynamics indices with a fixed (2000) and movable (previous year) base of the considered primary data were outlined. The study was preceded by constructing a multiple regression model to evaluate the impact of the increase in military expenditure in Russia on Saudi Arabia. This model shows that as military spending in Russia increases by one million dollars, military spending in Saudi Arabia increases by $ 0.085 million. Then, data on the expenditure incurred by both analyzed countries in 2020, obtained from various internet sources, was outlined. Their analysis made it possible to select only qualitative methods in the form of expert opinions for the forecast. Saudi Arabia's military expenditure forecast was $ 57 500 million.

8

Authors: Joanna Siekiera

Cooperation in the South Pacific region is unique due to the characteristics of its participants. Following the period of decolonization (1962-1980), countries in Oceania have radically changed. Achieving independence gave those nations international legal personality, yet complete independence from their former colonial powers. The following consequence was gaining an opportunity to draft, adopt and execute own laws in national and foreign policy. PICT (Pacific island countries and territories) have been expanding connections, political and trade ones, within the region since the 1960s when permanent migration of islanders and intra-regional transactions began. Migrations along with foreign aid are considered as the distinctive characteristics of the Pacific Ocean basin. Since the 1980s, the regional integration in Oceania, through establishing regional groupings and increasing the regional trade agreements number, took on pace and scope. The MIRAB synthetic measure (migration, remittances, aid, bureaucracy) has been used in analyzing the Oceania developing microeconomies. Last but not least, migration and foreign aid have been retaining the region from a deeper and more effective stage of regionalism.

11

Authors: Mukesh Shankar Bharti

The article aims to describe the regional security challenges to India in South Asia. Since the partition of India in 1947, the country has continuously been under external threat as a form of proxy warfare and terrorism. For this purpose, the article highlighted the core hotspots where India has major border issues with China in the Himalayan terrain. India has been facing a bigger security challenge from China and Pakistan in the South Asia region. This article analyses the defence ties between India and France in the context of security. India's neorealist approaches expand its strategic partnership in global politics. Therefore, India has been getting strategic support from the French side whenever India seeks support in a critical situation. The article uses the methods of case study and discourse analysis to answer the question and find out the study's relevance. As a result of severe security threats, India had to negotiate the purchase of defence equipment from France. India had to buy Rafael fighter jet, submarine and other heavy military weapons. Indo-French relations are stronger than in the past and will develop as friendly relations in the future.

17

Authors: Rafał Czachor

The following paper employs a normative approach and focuses on the problem of the current state of the local self-government in the South Caucasus countries: Georgia, Armenia, and Azerbaijan. Since all these countries are members of the Council of Europe, a reference point for decentralisation is the European Charter of Local Self-Government. The paper's main thesis is that despite showing some similarities, the countries have introduced different models of decentralisation that do not fully meet the Council of Europe’s criteria. Such variation is in line with the different political systems of these states and their level of democratisation. The more democratic the state is, the stronger the decentralisation it has adopted. Thus, decentralisation in Georgia follows the European model of public policy, while Azerbaijan is preserving the former Soviet model of weak self-government, with central authorities playing the leading role in public services. The current changes in Armenia’s model resemble the Georgian track of reforms. The findings of this paper may be applicable both in further theoretical research and in implementing reforms of local self-government in various post-Soviet states.

9

Authors: Piotr Rączka, Maciej Serowaniec

The primary burden of tackling the pandemic COVID-19 lies with the state as the entity responsible for protecting the health and life of its citizens. Hence, it can be argued that the focus of the pandemic-induced changes to the Polish legal order was on administrative law, which not only sets out the principles of the functioning of the State as the executive power but also governs the relations between the government, local government and citizens, which had to be significantly modified during the pandemic. It would be impossible to analyse and discuss all the emergency measures that appeared in Poland’s administrative law due to the threats posed by the pandemic. The subject matter of the present study is the analysis of the legal solutions adopted in the Republic of Poland in the sphere of public law in connection with the spread of the virus and particular provisions shaping relationships between the two basic structural branches of Polish public administration, viz. the government administration and the local-government administration. The following part of this study will accordingly be devoted to the analysis of the legislative solution contained in Article 11h of the COVID-19 Act, establishing a legal framework for issuing binding instructions to, among others, the various bodies of local governments, local-government legal persons and local-government organisational entities without legal personality.

11

Authors: Jacek Bil

Russia's hostile actions against the Estonian state structures take the form of soft power, which can be observed in such areas as the activities of the Russian-speaking minority, media coverage, or through the use of coercion when it comes to fuel sales. This article presents qualitative methods of measuring Russian influence on Estonia. An observable trend in international relations is replacing hard power with soft power, commonly used against states within the sphere of interest of certain geopolitical entities. It is more difficult to identify the latter and prove it results from an aggressor's deliberate actions. Information warfare, including disinformation and propaganda, is one of the means Russia uses to exert political influence. By accepting the offer of a political and military alliance with the Western world, the Baltic States have become a threat to the Kremlin's imperialist aspirations. Russia's direct military actions against Estonia and the other Baltic states would have provoked a strong reaction and could even have led to military confrontation. However, the Russian government wishes to avoid it and, for the time being, limits itself to soft power measures.

12

Authors: Boguslaw Stanisław Przywora, Karol Dobrzeniecki

The topic of the present article is the response of states to the first wave of the COVID-19 pandemic by using extraordinary legal measures provided for in their constitutions and legislation. By reference to the research project's findings, the authors characterise the legal solutions in selected jurisdictions and attempt to demonstrate the relationship between the application of emergency measures and the specific political system of states. By doing so, the authors consider such factors as the territory, population, or type of political regime.

17

Authors: Agnieszka Szpak, Joanna Modrzyńska

This paper aims to point to the transition from international law to transnational law that, on the one hand, is caused, and on the other, is strengthened by the growing role of cities in the fight against COVID-19. Various interactions between cities and other international actors give rise to new trends and challenges on the international plane. One of such terms, transnational law, refers to developments beyond the nation-state and includes “all law which regulates actions or events that transcend national frontiers”. It is characterized by a plurality of overlapping normative systems and a growing role of new actors in the international arena, which are cities. The authors give examples of cities bypassing or complementing states with special emphasis on European cities (Polish including) as well as of cities’ transnational cooperation to fight COVID-19 pandemic, filling the gaps in inter-governmental multilateral cooperation.

19

Authors: Małgorzata Madej

After the post-communist transition, decentralisation and subsidiarity have become one of Poland's major principles of political organisation. Moreover, especially the original 1990 reform and establishment of self-governing communes are regarded as a success story, not only in improving the quality of governance and public service provision but also in the civil society and citizen participation, as evidenced by the development of modern urban movements. The article explores legal possibilities for further decentralisation of municipalities, analysing the role of ancillary units in regional capitals. Ancillary units in Poland have developed differently in the countryside and urban communes. Relying on publicly available information and data provided by the respective municipal offices, the article describes the ancillary units' statutory role, competencies, and actual activities. The findings enable the assessment of the application of the sublocal decentralisation solution in Polish cities and the identification of its benefits and shortcomings.