National Repository of Grey Literature 169 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Principle of complementarity in the Rome Statute
Urbanová, Kristýna ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Principle of complementarity in the Rome Statute The thesis provides a reader with analysis of non/operation of principle of complementarity in practice of the International Criminal Court. The principle of complementarity concerns rules governing a relationship between national courts and the ICC in the context of exercise of jurisdiction over the crimes under international law covered by the Rome Statute. From the beginning, the principle of complementarity has been considered as a cornerstone of the Rome Statute and has been often contrasted with principle of primacy enjoyed by the International Criminal Tribunal for Former Yugoslavia and International Criminal Tribunal for Rwanda. During the adoption of the Rome Statute, both the states and researches expected that thanks to complementarity the ICC would act only as a court of a last resort and would exercise its jurisdiction only if states endowed with jurisdiction would be unwilling or unable to investigate or prosecute those responsible for international crimes in jurisdiction of the ICC. The amount of emphasis put on unwillingness or inability of states to investigate and prosecute should have guaranteed a balance between a protection of state sovereignty and effective and credible operation of the International Criminal Court. The...
Expropriation and investment protection
Vlachová, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee) ; Chovancová, Katarína (referee)
Expropriation and investment protection Abstract This dissertation deals with the issue of protection of foreign investments, especially the issue of the expropriation of foreign investments. The basic terms related to investment protection and expropriation are defined. Legal expropriation and its conditions are described at first. In the case of illegal expropriation, the state is forced, besides compensation for expropriation, to cover the damage caused by the unlawful interference. The history of investment protection is briefly presented. The next chapter deals with the legal sources in which we can find conditions of expropriation and investment protection. Attention is paid to the legal regulation of expropriation in Czech law. The thesis also focuses on investment cases, where expropriation was the main issue. Finally, the disputes that are currently brought against Czech Republic by foreign investors are mentioned. The conclusion of the dissertation deals with the problems de lege ferenda and the expected development of the legal regulation. Key words: expropriation, investment protection, investment disputes
Crime of Aggression under the Rome Statute of ICC
Slavník, Lukáš ; Lipovský, Milan (advisor) ; Šturma, Pavel (referee)
Crime of Aggression under the Rome Statute of ICC Abstract The jurisdiction of the International Criminal Court over the Crime of Aggression, which has been defined at the Review Conference in Kampala, 2010, will be activated on 17th of July 2018. This paper is summarizing more than seventy years of continuing development of a definition of the Crime of Aggression which has started after the Second World War during so-called Nurnberg Trials (a forerunner of the Crime of Aggression - Crimes Against Peace have been tried during these trials) and which will be, at least for now, completed upon the activation of the jurisdiction of the International Criminal Court and upon a completion of the Rome Statute. This paper deals not only with the history of the Crime of Aggression but also with its position as a crime under the international law with a connection to other crimes which can be prosecuted before the International Criminal Court. Furthermore, it analyses the main elements of the crime with a focus on difficulties which can potentially come up once they are used in practice. A special part of this paper is focused on jurisdiction of the International Criminal Court over the Crime of Aggression, which has not quite met expectations from international society, as it seems that in case of state referral or...
Host-State Counterclaims in Investment Arbitration: Holding Investors Accountable for Human Rights Violations
Klímová, Nikola ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 Abstract Host-State Counterclaims in Investment Arbitration: Holding Investors Accountable for Human Rights Violations International investment arbitration has been long criticized for its structural bias against host states in favour of the defence of the interests of investors. The one-way character of this dispute settlement mechanism has been, however, recently challenged in the light of numerous cases in which arbitrators were confronted with counterclaims of host states, requesting damages for investors' illegal conduct. To successfully assert counterclaims in arbitral proceedings, host states have to deal with a series of difficulties. The submission of a dispute to an arbitral tribunal first requires consent both on the part of an investor and a host state. Its scope is determined by the language of dispute settlement provisions in international investment agreements. While these instruments generally accept a wide range of investors' claims related to their investments, counterclaims of host states fall within the jurisdiction of tribunals only if the international investment agreements contain a dispute settlement clause with broad wording. The second condition which concerns the admissibility of host states' counterclaims is their close connection with the primary claims advanced by investors....
Immunities of state officials from foreign criminal jurisdiction
Stachová, Lenka ; Šturma, Pavel (advisor) ; Lipovský, Milan (referee)
This thesis deals with immunities of state officials, from the high-ranking to less significant ones, from the criminal jurisdiction of a foreign state, and thus the question, if another state may exercise its jurisdiction over crimes perpetrated by state officials when the foreign state has power to punish such a crime. International law traditionally provides the highest protection to the head of state, but later evolved also the personal immunity of other senior officials, who act on the international level, that is head of government and minister for foreign affairs. In contrast to personal immunity, functional immunity protects all state officials, who perform an official act. The first chapter addresses the terms. It describes the terms immunity, its types and basic characteristics; the notion of state officials and foreign criminal jurisdiction. The second chapter engages in personal immunity (immunity ratione personae), its subjective, objective and temporal scope. The third chapter sheds light on the second type of immunity - the functional immunity (ratione materiae), apart from its scopes there are exceptions to functional immunity discussed. The fourth chapter provides with an overview of some significant cases connected to immunities of state officials. In the first subchapter you can...
Suggestion of Change of the Marketing Mix of the selected Ice Hockey Club
Bureš, Michal ; Šturma, Pavel (referee) ; Mráček, Pavel (advisor)
This Bachelor thesis deals with the usage of marketing mix of selected hockey club. Theoretical introduction of some marketing knowledge in the first part of the text is further used for an analysis of current marketing activities and approaches that the selected business in the sports industry applies. The analysis is done based on questionnaires and personal interviews with fans, who are considered to be customers. The thesis concludes with real suggestions for improvement of the club’s marketing mix taking into account the opinions and feedback from the fans with special focus on the improvement of sports services and the club’s image.
Expulsion of aliens under international law
Flídrová, Eliška ; Šturma, Pavel (advisor) ; Honusková, Věra (referee) ; Jílek, Dalibor (referee)
The aim of this thesis is to clarify what are the limits of the right of the state to expel aliens under international law while examining whether or not there is any general rule by which states are bound in exercising their power to expel aliens from their territory. This thesis is using a descriptive and analytical method as methods of work. The comparative method is also partially used for analysis of the practice of states in the individual aspects of the limitation of the right of expulsion and the related decision-making practice of the judicial and quasi-judicial authorities. The conclusion of this thesis is an analysis of the fragmented legal regulation of expulsion of aliens in different areas of international law (both procedural rules and selected areas of substantive regulation). The work is mainly focused on examining limits of states to expel an alien to a particular state through non-refoulement principle and restrictions to expel aliens through the protection of family and private life. Concerning the general conclusions, the examination of limits on the right to expel in international law has crystallized in one general rule that can be considered as an implicit part of all the limits analyzed, which is the effort to avoid the arbitrariness of states.
Diplomatic Protection
Mervartová, Petra ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This diploma thesis deals with the topic of diplomatic protection and it's use in the system of international law. The goal of this thesis is to describe the legal institute of diplomatic protection and how it is exercised and to describe both the historical development of the institute and it's future direction. The thesis is divided into five chapters that gradually develop and analyse the topic. The first chapter deals with the definition of the legal term diplomatic protection and it's content. It also lists the conditions under which the diplomatic protection can be exercised. Part of the chapter deals with the history of the institute and also speaks about some legal institutes similar to diplomatic protection. The second chapter summarises the efforts taken in order to codify the institute and introduces Draft Articles on Diplomatic Protection to the reader. This chapter also describes the current situation of usage of the institute. The third chapter is focused on exercising diplomatic protection on behalf of individual citizens. It's main focus is to list all the necessary conditions under which can diplomatic protection be used in those cases. The fourth chapter on the other hand deals with providing diplomatic protection to legal entities and the conditions of such provision. There is a...
Transatlantic Trade and Investment Partnership (TTIP)
Rott, Michael ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) In the field of international law, the negotiated agreement between the EU and the US - TTIP - is a major source of law. In addition, its intended scope should encompass the provisions on investment protection. However, during the course of the bilateral negotiations, there was a leak of information which revealed that the agreement should include provisions of the dispute settlement mechanism that do not differ in its substantial aspects from those which are and have been incorporated into bilateral investment agreements between States. Therefore, in the process of investment disputes initiated under the TTIP agreement, the major influence would have had the provisions of international conventions which set out the rules for the functioning of the International Investment Tribunals - the Convention of the International Centre for the Settlement of Investment Disputes and the Arbitration Rules of the United Nations Commission on International Trade Law. However, given that both the general public and professional circles have long expressed concerns that question the very legitimacy of the international investment arbitration, this fact have been accepted with great disrespect. This was particularly, because of the previous practice of decision-making in the investment disputes, which...
Law of Treaties - subsequent agreements and subsequent practice
Brožová, Sandra ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Beránek, Milan (referee)
The title of the dissertation: Law of Treaties - subsequent agreements and subsequent practice The topic of the dissertation is the codification of the rules of interpretation of international treaties, with special focus on the phenomenon of subsequent agreements and subsequent practice of the state parties. In its general introductory section, the thesis defines international treaties as a source of international law and presents a comprehensive analysis of methods of interpretation and their codification. The fundamental part is devoted to the subsequent agreements and subsequent practice, their definition, including the difference from other similar methods, and the use of them for the interpretation of treaties before international courts and in international organizations. This thesis also focuses on the issue of evolutionary interpretation. The practical part of the thesis is based on the interpretation of treaties in three branches of international law (investments, cultural cooperation, taxes), with emphasis on the use of subsequent agreements and subsequent practice and on the current developments in the negotiation of new treaties and in the activities of international organizations.

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