Definitions and Legal Aspects of the Term “War” and the Related Terms

Abstract

Normative acts applicable in the Republic of Poland do not lack a multitude of formulations of terms such as: war, state of war or time of war. The lack of legally binding definitions and the inconsistency of the use of identical definitions lead to different, often contradictory interpretations of particular situations, which may have different legal consequences.
 Only a precise and detailed definition of these concepts, preferably by incorporating them into national or international law, would dispel many doubts and close the way to sometimes contradictory interpretations, which is particularly important for security and defence concepts and issues. Therefore, in this paper the author will present definitions and regulations resulting from Polish legal acts, relating to war, war time and the state of war.

The Emergency States Guarantee the Functioning of the Country during the COVID-19 Pandemic: The Case of Poland and the Republic of China (Taiwan)

“…However, it is quite difficult to find research for a comparative study concerning Poland and Taiwan. Separately should be treated the State of war and a time of war, which can be related to martial law, but it is three different legal institutions (Kołodziejczak, 2018). Although both the Polish Constitution and three separate laws regulate them in detail, there are still difficulties in legal interpretation and -importantly -to define and assign the appropriate individual cases, which of the states should be introduced.…”