National Repository of Grey Literature 52 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Enforceability of Decisions and Compliance with Judgments of the Inter-American Court of Human Rights
Mezenský, Martin ; Faix, Martin (referee)
The Enforceability of Decisions and Compliance with Judgments of the Inter- American Court of Human Rights (Mgr. Martin Mezenský) Abstract The diploma thesis explores the enforcement mechanisms and compliance with decisions of the Inter- American Court of Human Rights. It defines both normative and institutional base of the tribunal and discusses the types of issued decisions. It analyses the compliance process and means of enforcement of such decisions. It is focused on the success of and obstacles in the implementation of ordered obligations by the liable states as well as the binding nature of judgements against states which have not been a party of dispute. It compares the position of the Inter-American Court of Human Rights with the European Court of Human Rights regarding these topics. Eventually, it evaluates the researched processes and offers recommendations how to reinforce the actual mechanisms. Key words Inter-American Court of Human Rights; Enforceability; Compliance; Decision; Judgements; Human Rights Protection; American Convention on Human Rights
Sexual Exploitation and Abuse by UN Peacekeepers
Králik, Ján ; Faix, Martin (referee)
The thesis provides legal analysis of sexual exploitation and abuse by UN peacekeepers with particular focus on military members of national peacekeeping contingents. It provides brief survey of peacekeeping operations thereby underlying their importance in the contemporary activities of the UN and describing factors that have caused or might led to sexual exploitation and abuse by UN peacekeepers. Furthermore, UN action towards those acts is described and it is also evaluated whether such steps are successful, sufficient and whether more could have been done or what more can be done in the future. A part is also dedicated to international humanitarian law perspective and international human rights law. In this context, the author tries to answer the question if and when the sexual exploitation and abuse by members of national peacekeeping contingents while deployed to a UN peacekeeping mission may constitute war crimes or crimes against humanity and whether there is a role to play by International Criminal Court. In the same vein, issues of extraterritorial application of human rights treaties are discussed. The question of international responsibility is the central topic of this thesis. Apart from individual responsibility of members of national peacekeeping contingents for acts of sexual...
Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations)
Fencl, Ivan ; Faix, Martin (advisor) ; Beránek, Milan (referee)
Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations) Abstract The present thesis focuses on the issue of peace-keeping operations maintained by the regional and sub-regional organizations in Africa, namely African Union and ECOWAS. The main statement of the thesis is the following: The United Nations is unable to react effectively to threats to international peace and security, especially in cases of mass violations of human rights in intrastate conflicts, that have severe impact on particular region including refugee crisis or spreading the conflict to other states of the region. In the thesis, particular instruments of the above-mentioned international organizations, that create the framework for operations for maintaining peace and security in the region, are described. Attention is also paid to the relevant bodies of the African union and ECOWAS such as Peace and security council of the AU or African standby force. The thesis elaborates on problematic or controversial issues from international law perspective. In the first place, the concept of humanitarian intervention and related concept of responsibility to protect is underlined. It is demonstrated that African Union and ECOWAS have significant contribution to these concepts when implementing...
Crimes under international law in the Rome Statute of the ICC and their prosecution
Huječek, Roman ; Lipovský, Milan (advisor) ; Faix, Martin (referee)
Crimes under International Law in the Rome Statute of the ICC and Their Prosecution Abstract This diploma thesis deals with crimes under international law in the Rome Statute of the International Criminal Court and their prosecution, with a special focus on the issues of applicability of senior state officials' international immunity when it comes down to the proceedings before this court. The first part of the thesis outlines the meaning of the term crimes under international law and explains the difference between this term and the terms international crimes and transnational crimes. Next, the prosecution of these crimes under international law is set within its historical context with a special focus on the period after the start of World War I. The second part discusses the International Criminal Court's jurisdiction and, mainly, each individual crime under international law and its definition in the Rome Statute. The second part ends with a chapter concerning mental elements of these crimes and particularly the institute of command responsibility. The third part describes the procedural provisions of the Rome Statute and it guides the reader all the way from the initiation of the proceedings to the enforcement of the court's decision. The third section also offers several practical examples regarding...
International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
Compensation of victims in the context of peace operations of international organisations
Červenková, Tereza ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
This diploma thesis deals with the compensation of victims in the peace operations of international organizations. The issue of compensation to victims in the context of peace operations of international organizations is very complex, because i tis closely connected with many other issues, such as the subjectivity of international organizations, their responsibility or immunity, and it is also closely related to international humanitarian law. It is also a very actual issue, as peace operations are a phenomenon occurring quite often and it can be assumed that they will still be needed in view of the various conflicts that are taking place today. In thesis I deal with the subjectivity of international organizations and their responsibility. The main part consists of chapters dedicated to assessing third-party claims in peace operations and the characteristics of the individual's process options of the victims. The aim of this thesis is primarily to analyze the compensation of victims in peacekeeping operations from a theoretical and practical point of view and to point out some specific problems related to the subject, as well as to conclude whether the current regulation allows victims to exercise their rights adequately. In the first chapter I deal with the subjectivity of international...
Legality of the intervention during Libyan Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
LEGALITY OF THE INTERVENTION DURING LIBYAN CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the NATO intervention in Libya during Libyan civil war in 2011 was in accordance with the international law. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-5, describes self-defence and armed actions of the Security Council under the chap. VII of the UN Charter, which are legal and quite controversial concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 6, contains a case study whose object is the Libyan civil war in 2011 between col. Gaddafi's forces and the rebels supported by the NATO. The chapter 6 contains a detailed summary of various demonstrations, battles and campaigns, including the operation Unified Protector. The third part, chap. 7, is pointed on the question of legality of the NATO intervention. Albeit authorisation by the Resolution 1973, the legality of the intervention is questionable. The first air strikes, of 19 March, aimed on Libyan armed forces attacking Benghazi, can be classified as protection of civilians mentioned by the Resolution 1973. Following NATO air strikes supported the rebels in a...
International Legal Aspects of State Failure
Kostínek, Lukáš ; Faix, Martin (advisor) ; Honusková, Věra (referee)
International Legal Aspects of State Failure The phenomenon of failed states is one of the great issues in our contemporary world. International public law does not take it into consideration and still, it exists. Whether the phenomenon is designated as a collapse of a state, collapse of a state authority, state failure, or as a collapsed, failed, failing state or otherwise, there is nowadays much more attention attached to it from the ranks of statesmen and representatives of international organizations. That is why I chose to deal with this issue. The content of this work is structured from the most general topic regarding this issue, which means from general definition of the term, characteristics of a failed state as a phenomenon in expert, not only legal, discussion and it's difference from similiar phenomenons towards particular aspects arising from public international law and summarization of a situation in some of real failed or failing states. In second chapter, there is a general characterization of the phenomenon itself, mostly from the factual perspective with use of mostly international law and political science literature. There is also defined, which approach has been taken regarding the issue. In third chapter, the work is dedicated purely to international law aspects of state...
Sexual Exploitation and Abuse by UN Peacekeepers
Králik, Ján ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee) ; Faix, Martin (referee)
The thesis provides legal analysis of sexual exploitation and abuse by UN peacekeepers with particular focus on military members of national peacekeeping contingents. It provides brief survey of peacekeeping operations thereby underlying their importance in the contemporary activities of the UN and describing factors that have caused or might led to sexual exploitation and abuse by UN peacekeepers. Furthermore, UN action towards those acts is described and it is also evaluated whether such steps are successful, sufficient and whether more could have been done or what more can be done in the future. A part is also dedicated to international humanitarian law perspective and international human rights law. In this context, the author tries to answer the question if and when the sexual exploitation and abuse by members of national peacekeeping contingents while deployed to a UN peacekeeping mission may constitute war crimes or crimes against humanity and whether there is a role to play by International Criminal Court. In the same vein, issues of extraterritorial application of human rights treaties are discussed. The question of international responsibility is the central topic of this thesis. Apart from individual responsibility of members of national peacekeeping contingents for acts of sexual...
Protection of Cultural Heritage in International Criminal Law
Ryška, Ivan ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
and Key words Master's Thesis: Protection of Cultural Heritage in International Criminal Law Abstract The aim of this master's thesis is mostly showing progressive development in understanding of protection of cultural heritage in International Criminal Law. There is special focus on development in recent years which is illustrated by Al Mahdi case- destroying cultural heritage in Timbuktu before International Criminal Court. This thesis is subdivided into three parts. The firts part is of descriptive nature and its goal is definition of basic notions, specification of issue of protection of cultural heritage and its setting in International Law. It also covers role of international agreements and international organizations in this issue. Finally it examines how International Criminal Law deals with protection of cultural heritage as well. There is stress on explanation of progressive development in understanding of protection of cultural heritage and reasons that caused it. The second part of thesis is mostly focused on Al Mahdi case that was tried before International Criminal Court. First there is brief characteristic of situation in Mali during armed conflict and description of area that was damaged too. Then there is specification of objective elements of crime and description of approach of...

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