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Pomoc bez hranic? Humanitární asistence v rámci mezinárodního humanitárního práva
Ošťádalová, Šárka ; Honusková, Věra (referee)
(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...
Legality of the realization of the right to self-determination of nations in the form of unilateral secession
Fejfar, Jakub ; Tymofeyeva, Alla (advisor) ; Honusková, Věra (referee)
Legality of the realization of the right to self-determination of nations in the form of unilateral secession Abstract This rigorous thesis deals with issues of statehood, nations, the right of nations to self- determination and its realization in the form of a unilateral secession. The key issue is the mutual relationship between the right to self-determination of nations and the right to territorial integrity of the state. This thesis deals with two main research questions, whether the unilateral secession can be described as a legal possibility of the state. Furthermore, which principle has more relevant in contemporary public international law in the assessment of unilateral secession: the principle of self-determination of nations or of the whole of the state. In the first chapter, first attention is devoted to the concepts of state and nation, and two fundamental principles of international law, namely the principle of self-determination of nations and the principle of territorial integrity of state territory, are analyzed. The second chapter introduces the most important theoretical approaches to secession theme, such as J. R. Wood, M. Hechter, D. L. Horowitz and especially A. Buchanan's Remedial theory. Further attention is paid in this chapter to the current adaptation of secession in public...
Regulation of slavery in current international law
Kubů, Michaela ; Honusková, Věra (advisor) ; Lipovský, Milan (referee)
Regulation of slavery in current international law Abstract: This diploma thesis deals with the adjustment of slavery in international law at present. Although slavery could seem like an extinct institute at present, the opposite is true. Slavery is developing more than ever before. But it does not appear in its traditional forms. Detection is much more demanding. The aim of this thesis is to provide a comprehensive overview of international regulation of slavery and evaluate efficiency of this regulation including control mechanisms, which are enshrined in various treaties. The first part is dedicated to the prohibition of slavery as a peremptory norm. I deal with individual characters which peremtory norm has to fulfill and then derive inclusion of slavery as a peremptory norm. The other part is focused on the definition of criteria which will be used to study individual conventions. These criteria are relevant to the assessment whether specific conventions and their control mechanisms are effective. The main part of the thesis is the part in which I am focusing on the definition of conventions which regulate the slavery. In the first part, there are universal conventions which contain the element of slavery, then specialized conventions and in the last part conventions which regulate forms of slavery....
Territorial Asylum
Svobodová, Nikola ; Honusková, Věra (advisor) ; Ondřej, Jan (referee)
Territorial Asylum Abstract The aim of this thesis is to analyze territorial asylum, as an important institute of international law. Territorial asylum is analyzed on three levels; therefore, three different aspects of this institute are examined. The determined levels are as follows: history of territorial asylum, its legal regulation, and examination of existence of the right of asylum. As of now, the institute of territorial asylum and refugee issue are often mistaken or misused. For this reason, this thesis focuses on finding similarities and differences of the territorial asylum and refugee issue in perspective of the analyzed levels. This thesis is divided into three chapters corresponding to the selected levels. The first chapter analyzes the history of territorial asylum. It describes its origin and subsequent development from ancient history to modern times, ranging from religious asylum to gradual formation of territorial asylum, including brief analyses of diplomatic asylum as specific form of asylum typical for South America. This is followed by an analysis of history of refugee issue, as a relatively modern institute, including historical circumstances essential for its development. In this chapter, the research question, whether the historical development of the territorial asylum influenced...
Victims of the gravest crimes: The role of victims in legal proceedings before the International Criminal Court
Mocková, Eliška ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
1 Victims of the Gravest Crimes: The Role of Victims in Legal Proceedings Before the International Criminal Court Abstract This thesis analyzes the role of victims in the proceedings before the International Criminal Court, or the so-called victims' mandate of the ICC. The purpose is to comprehensively introduce their rights as well as the way in which this regulation is being applied. Therefore, the research question has two parts. The first part inquires into the current design of the victim's rights before the Court, while the second asks about the results of its application to the present day. Answers offered by the author of the thesis appear respectively in the second and the third chapter. The first chapter is focused on a historical development of the position of victims in the system of international criminal justice. It is of introductory nature and serves to highlight the historically unprecedented character of the role of victims before the ICC. Regarding the research method, the thesis analyzes the role of victims of crimes prosecuted by the ICC from both, theoretical as well as empirical angle. The purpose is to practically and comprehensively describe the regulation of victims before the ICC but also go beyond the "letter of the law" to see the legal regulation within its material context -...
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.
Prima Facie Status as a Possible Solution for Mass Influx of Refugees
Radová, Kateřina ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
This thesis addresses the topic of mass influx of refugees and its possible solutions. It examines the concept of prima facie refugee status determination in group situations, which is plentifully used in states of the economic South as a solution to mass influx of refugees. Despite its ample use, it is not entirely clear what can be understood by it. A better way to tackle mass influxes of refugees is sought here in response to the European migration "crisis" which has shed light on the unpreparedness of the Common European Asylum System for a large scale influx. The prima facie refugee status determination is put here as an opposite to individualized refugee status determination, which is assumed by the western doctrine and practice to be the only possible way of determining refugee status under the 1951 Convention. Even though individualized refugee status determination may be an appropriate tool in times of relatively low number of refugees, as it has been the case for a long time at the European continent, it may be different in situations of mass influx of refugees. Such individualized refugee status determination is very costly and lengthy procedure and as such not very suitable for situation of mass influx of refugees. To answer the question of whether the prima facie refugee status...
Trust between states and the principle of mutual trust in international law
Šach, Matěj ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Trust between states and the principle of mutual trust in international law This thesis focuses on the role of trust in international law. The main objective is to assess the position and use of trust between states and in relevant areas and institutes of international law. Another key objective is to clarify the function of the principle of mutual trust. The thesis core is divided into three research areas. The first one aims to describe the use of principle of mutual trust and its application in international and European law. It addresses the question of who should carry the risk of trust. It concludes that the state which puts trust in another state should bear all the risks associated with it. The second area discusses confidence-building measures which are theoretically analyzed and further explored in the context of the current events of the ongoing Russian-Ukrainian conflict that started in the year 2014. The purpose of this section is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The aim of this chapter is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The author believes that trust between...
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...
Compensation of victims in the context of peace operations of international organizations
Bártová, Tereza ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
This thesis deals with the protection of children in international refugee law. The status of a person seeking international protection under international law is primarily regulated by the Convention Relating to the Status of Refugees. However, this Convention does not expressly address the specific situation of the child asylum seeker. By adopting a binding Convention on the Rights of the Child (CRC), the broad catalogue of basic civil, political, economic, social and cultural rights of children has been confirmed. It includes the right of a child seeking international protection to obtain the necessary protection and humanitarian assistance when the child wants to exercise its rights under the CRC or other conventions of international law of human rights. CRC includes, inter alia, four fundamental principles, the elimination of discrimination, the right to life, survival and development, respect for the child's position and the principle of the best interests of the child. The goal of this thesis is to determine whether and how the position of the child seeking international protection under the international refugee law has been influenced by the CRC and by the principle of the best interests of the child. The thesis is divided into four chapters, the first two chapters deal with the historical...

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