National Repository of Grey Literature 24 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
International legal aspects of civil aviation security
Havlíková, Kateřina ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
International legal aspects of civil aviation security Summary The main focus of this thesis is to analyze the existing legal instruments that the international community has at its disposal in order to secure safe international air transport and its protection from unlawful acts. As the current level of global security tightens, the topic of civil aviation security can be perceived as especially topical. Seen from the perspective of a perpetrator, air transport, including each element of its infrastructure, represents a valuable target. This thesis analyses the legal instruments and evaluates the importance of the legislative functions of the International Civil Aviation Organization ICAO within the framework of the proclaimed risk based approached. The risk-based approach should gradually prevail over the traditional reactive approach firmly established in the existing multilateral treaties dealing with civil aviation security. This thesis is divided into 7 parts. The first of which outlines the genesis of unlawful acts in civil aviation and takes into account the importance of those events for legislative development in the area of air security. Part two deals with selected modern trends in civil aviation security shaping the existing legal regime. Threats of terrorism and cyberterrorism as a present day...
Legal aspects of weapons of mass destruction
Stoklasová, Barbora ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
LEGAL ASPECTS OF WEAPONS OF MASS DESTRUCTION, ABSTRAKT V ANGLICKÉM JAZYCE The aim of this rigorosum thesis is to create an overview of weapons of mass destruction (including their development and history, combat deployment and their subsequent effect on the international community), to evaluate their status and combat deployment on the basis of custom or international agreements and to further critically evaluate the newest regulation of weapons of mass destruction (i.e. development from the latter half of the 20thcentury), its effectiveness as well as possibilities of further development. In general terms, this thesis deals with international law, only briefly touching legislation on the national level. The first chapter consists of a brief introduction. The second chapter includes a list of basic terminology, e.g. definitions for weapons of mass destruction, biological, chemical and nuclear weapons, international law, law of war, law of customs, international agreements, forbidden means of combat and prohibited ways of conducting armed conflicts. The third chapter deals with the development of chemical weapons from their early history all the way to current regulation. The fourth chapter contains information on chemical weapons beginning with their first development and their original ("absent")...
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....
Chinese green concern: analysis of environmental provisions in investment treaties
Řehořová, Lenka ; Lipovský, Milan (referee)
The purpose of this thesis is to offer a complex analysis of newly rising concept of the environmental provisions, with a particular emphasis on China and its deteriorating state of environment. The thesis is composed of eight chapters. The first chapter deals with the core problem of the environmental provisions, that is the colliding nature of the efforts to implement the environmental regulation in the international investment law. The following two chapters address the legal framework of the environmental provisions and the main actors in the field. Chapter four is concerned with the analysis of the material and formal sources of Chinese domestic environmental and investment law, which has been amended recently in reaction to the dramatically deteriorating environment in the country and which prompted the proliferation and greenization of the Chinese bilateral investment treaties. Chapter five proceeds with the analysis of the environmental provisions, their genesis, terminological delimitation and introduction of their typologies. The sixth chapter is dedicated to the analysis of the approach of China towards environmentally responsible investing. Chapter seven proceeds with detailed explanation of the particular types of the environmental provisions, which have been incorporated into the...
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...
The role of the UN Security Council in front of the ICC
Mihai, Vlad ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...
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...
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 -...
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...
Religious symbols in the case-law of European courts
Hnátová, Barbora ; Scheu, Harald Christian (advisor) ; Lipovský, Milan (referee)
The issue of religious symbols in European public has become very often discussed by lawyers, politicians and sociologists as well as by the lay public. This diploma thesis is trying to contribute to these discussions by comparison of case-law of European courts in the cases concerning religious symbols. The thesis therefore analyses the legal sources providing protection of religious freedom and the individual decisions of European courts regarding the presence of religious symbols in public. The thesis is divided into five chapters. The first chapter is providing the detailed analyse of the protection freedom of religion in European Convention on Human Rights and in the primary law of European Union. Then, it explains the principles of secularism and state neutrality and describes the models of relations between state and religion in Europe. The chapter two contains the introduction to the issue of religious symbols in public. The notion of "religious symbol" and "public" in the context of law is explained there. Further, it focuses on the limitations of religious symbols in public and the prohibition of concealment enacted in some of European countries. In chapter three, the cases of religious symbols in public schools are presented. The majority of European states has an interest in preserving...

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