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Right to a favourable environment within the regional human rights systems
Lipowský, Petr ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The aim of the diploma thesis is the analysis of the right to a favourable environment, or to the protection of the certain quality of the environment with a focus on the regional human rights systems. This diploma thesis is divided into three chapters. The first chapter outlines the evolution of human rights at the universal level and certain related problems that accompany this evolution. The second chapter is concerned with the overview of the human-rights based approaches to the protection of the envrionment which include inter alia the effort for the recognition of the separate right to a favourable environment. The third chapter examines the evolution of the right to a favourable environment, or to the protection of the certain quality of the environment within the regional human rights systems so it concentrates on the control mechanisms of the relevant regional systems and their activity in the area of the protection of the environment. The conclusion deals with the evaluation of the evolution of the right to a favourable environment within the international law, focuses on the comparison and assessment of the common and different features of the regional human rights systems and indicates the future trend.
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The role of municipalities in the air protection according to the new legislation
Ignasová, Lucie ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
The thesis focuses on the role of municipalities in the air protection, particularly on the legal instruments of municipalities within their individual and delegated jurisdiction. The thesis consists of six chapters. The first chapter is introductory and is aimed at the air as the subject of legislation. The second chapter focuses on legislation of municipalities and other chapters describe the role of municipalities in land use, placement and approval of stationary sources of pollution. Further chapter points out specific legal instruments used in transport and the last chapter deals with the possibilities of the municipalities in relation to air pollution by individuals. Powered by TCPDF (www.tcpdf.org)
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The Role of International Courts in Protecting the Environment
Valentová, Lenka ; Damohorský, Milan (referee) ; Žákovská, Karolina (referee)
The status of international courts in the area of environmental protection is gaining importance as well as the entire branch of international enviromental law, which is also demonstrated by the creation of many treaties and increasing number of entities solving the international environmental disputes. The right to a favorable environment in addition begins to be understood as a human right, which can be claimed at the international level. The courts handle disputes through judgements, but they also provide advisory opinions, impose provisional measures or obligations to cooperate with the other party, they often help to define legal principles. They contribute to the legal certainity and because of the persuasiveness of thein arguments, their jurisprudence acts similar to precedent. Although their decisions are usually not enforceable, the courts have such authority, that their decisions are respected without exception. The activities of international courts are irreplaceable and contributes to the development of environmental law. Powered by TCPDF (www.tcpdf.org)
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The Czech Environmental Inspectorate
Příhodová, Romana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis aims to introduce the Czech Environmental Inspectorate as a specialized body of the state administration with a state-wide authority which is subordinated to the Ministry of the Environment. The objective of the Inspectorate is particularly to exercise state supervision connected with enforcement of corrective actions and sanctions. The Czech Environmental Inspection was established in 1991 with its original competence in a field of forest protection, as of today it has competences with respect to all environmental components. The merit of this thesis is an analysis of statutory regulations regarding the protection of the environment according to which the Inspectorate exercises its competences and authority. The result of this analysis is definition of the competences of the Inspectorate in individual fields of environment protection. In the thesis I also focus on problematic provisions of particular legal regulations and in final chapter I address also a possibility of reorganisation of the Inspectorate in the future.
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European legal regulation of sustainable fishing
Zavřel, Zbyněk ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Paper analyzes the EU legal regulation of fishing. Specifically, it focuses on activities and norms, aiming to make european fisheries become sustainable and environmentally friendly. The paper summarizes the development of the common fisheries policy (CFP), which is one of the EU sectoral policies. Emphasis is placed on latest reform of CFP, which aimed among other things to sustainability. The next part deals with individual management tools, which is controlled amount of inputs and outputs to / from the fishing process. To restriction of outputs (amount of fishery products) is used setting total allowable catches and quotas. To restriction of inputs is used reduction of fishing capacity of vessels, which given to the assign rights and available resources is excessive, and also by reducing fishing effort. In addition to these tools are an inportant technical measures serving to reduce the impact of fishing on marine ecosystems, and in particular the prohibition or restriction of non-selective and destructive fishing techniques, or delimitation areas or periods in whitch fishing is prohibited. Paper in addition to fishing rules also focuses on control regulation. Control of compliance and penalties for non-compliance are regulated in the EU control system for fisheries. This is designed to ensure...
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Environmental impact assessment (EIA, SEA)
Vinklerová, Nela ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
This thesis aims to provide an analysis of the environmental impact assessment procedures in the Czech republic, including its international and european context, with focus on the topic of public participation in these procedures. The thesis is divided into five chapters. The first chapter provides a definition of environmental impact assessment and enumerates its fundamental principles. The second chapter deals with international, european and historical roots of EIA and SEA procedures. The next chapter describes the course of EIA procedure in the Czech republic. The fourth chapter describes the SEA procedure. The last, fifth chapter deals with the topic of public participation in environmental impact assessment. Finally, the thesis comprises a summary of contained conclusions.
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Transfer of ownership right to land
Bryknerová, Sára ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
P evody vlastnického práva k pozemk m Diplomová práce popisuje p evod vlastnického práva k pozemku. Je zde komparována úprava dle sou asné právní úpravy, která nabyla ú innosti k 1. 1. 2014 s úpravou p edešlou. Nejprve jsou definovány základní pojmy pozemkového práva, které jsou pozd ji v diplomové práci využívány. Proces p evodu vlastnického práva má pak dv fáze. První fáze (právní titul) je vyložena v kapitole íslo sedm "Smluvní p evody vlastnického práva". Tato kapitola popisuje jednotlivé druhy smluv (kupní smlouva, darovací smlouva, sm nná smlouva) a další zp soby p evod . Druhou fází je pak zápis do katastru nemovitostí, na který je zam ena kapitola íslo sedm "Zápisy do katastru nemovitostí". Abstract Transfer of ownership right to land The thesis describes the transfer of ownership right to land. It compares the new legislation which came into force 1. 1. 2014 with the old legislation. Firstly, the key concepts of the nature of land law are defined. These concepts are later used in whole thesis. There are two phases of transferring ownership right to land. The first phase (the legal title) is explained in charter six: "Contractual transfer of the ownership right to land". This chapter describes individual contract types (contract of sale, contract of donation, contract of exchange) and other...
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Establishment and Development of European Scheme for Greenhouse Gas Emission Allowance Trading
Ševčík, Jakub ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
The aim of this thesis is to describe and subsequently analyze the establishment and the development of the European legal regime for greenhouse gas emission allowance trading. Methodology of the thesis is focused on capturing the processes of establishment and development of the emission trading regime as processes of rather dynamic nature, having their causes and consequences, and so is not only an isolated description of each of their respective stages. The dynamics of development is analyzed within each of the basic elements of the emission trading regime, taking due account of the relevant case law of the Court of Justice of the EU. Given the considerable complexity of the subject concerned, and therefore also the need for integration of the analysis into a certain perspective, a brief explanation of the phenomenon of climate change, including its economic implications, as well as of the international legal framework set up to tackle this issue forms a part of this thesis.
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Legal measures of climate protection
Pieš, Igor ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Tato diplomová práce se zaměřuje na mezinárodní právní nástroje ochrany klimatu, zejména flexibilní mechanismy v kontextu Kjótského protokolu a Evropský systém pro obchodování s povolenkami na emise ("EU ETS"). První kapitola představuje vědecké teorie zabývající se změnou klimatu. Ve druhé kapitole je shrnut historický vývoj mezinárodní činnosti v oblasti ochrany klimatu. Ve třetí kapitole se nachází analýza principů vztahujících se k ochraně klimatu a úprava flexibilních mechanismů. Následující kapitola analyzuje ochranu klimatu v kontextu EU. Pátá kapitola detailněji analyzuje EU ETS, jeho praktické aspekty a další vývoj. Powered by TCPDF (www.tcpdf.org)
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The Issues of unlisted Sources of Air Pollution according to the new Air Protection Act
Trnková, Zuzana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Diploma thesis focuses on air protection, especially on the issues of unlisted sources of air pollution according to the czech Air Protection Act. It aims on small stationary sources of pollution that are subject to a softer regulation then huge polluters. Important group of small stationary sources are boilers used in homes to heat them up. In the case, that the operator of the sources does not fulfil his/her responsabilities according to the Air Protection Act, he/she can cause damage to the environment and endanger neighbours health. But because of the right of privacy it is not possible to control the source. The paper analysis the possibilities to resolve the dilemma between three constitutional rights - right of privacy against right to a favourable environment and right to the protection of health. Powered by TCPDF (www.tcpdf.org)
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