The Effectiveness of Cadastre Updating in Poland

Abstract

In developed societies cadastre is fundamental and reference system on land for other land information systems. It protects the legal boundaries of the properties. It is also significant from the point of view of property taxes, urban planning and development of real estate markets. It is important that cadastre reflects the current status on the ground. Any changes in both the physical and legal space relating to real estate should be immediately updated in the system. The article presents the study on the effectiveness of cadastre updating in Poland. The effectiveness of updating cadastral data was examined from the point of view of determined criteria as a case study on the example of two municipalities. The research has shown that the current process of updating cadastre in Poland is far from ideal. The repair solutions were suggested.

The Relationship between Third-party Countermeasures and the Security Council’s Chapter vii Powers: Enforcing Obligations erga omnes in International Law

“…In general, it seems desirable to apply a criterion of overall proportionality of these measures, taking into account not only the isolated third-party countermeasure but also the cumulative impact of several measures adopted in response to the same wrongful act. 298 However, this situation cannot be addressed in the abstract.…”

“…261 The most recent example of state practice of third-party countermeasures are measures taken in response to Russia's invasion, occupation and annexation of Crimea in 2014. 262 On 28 February 2014, Russia invaded and occupied the Ukrainian territory of Crimea, acting in contravention of its obligations under the UN Charter and customary international law. 263 Russia then formally annexed Crimea on 18 March 2014 following the results of an illegitimate independence referendum organised in Crimea.…”

“…291 In practice, there is only limited evidence for the use of punitive third-party countermeasures. 292 The requirement of that countermeasures must be proportionate in accordance with Article 51 ARSIWA provides that countermeasures must be commensurate with the injury suffered as a consequence of the internationally wrongful act, considering the gravity of the internationally wrongful act and the rights in question. 293 The requirement of proportionality is understood as the equivalence between the internationally wrongful act and the countermeasure.…”

“…296 The assessment of third-party countermeasures would in principle require an assessment of incommensurable interests, significantly reducing the role of reciprocity. 297 In practice, the flexibility of this requirement is likely to have a moderating effect on the use of third-party countermeasures. However, the nature of third-party countermeasures raises important questions as regards the relationship to other types of measures, whether other thirdparty countermeasures or institutional enforcement action (such as Security Council enforcement under Chapter VII of the UN Charter).…”

“…402 The atrocities amounting to violations of international human rights and humanitarian law, included violations of the right to freedom from torture, the right to liberty and security of persons, freedom of expression, freedom of assembly, crimes against humanity, and war crimes. 403 In addition to obligations under customary international law in the human rights and humanitarian law fields, Libya is bound by several human rights treaties that may give rise to obligations erga omnes partes, corresponding to one of the two situations envisaged under Article 48 ARSIWA These include, inter alia, core human rights treaties such as the ICCPR and CAT. 404…”