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State Immunity at the Dawn of the 21st Century: Twilight or Renaissance?
Kudrna, Jaroslav ; Ondřej, Jan (referee)
1/3 ABSTRACT STATE IMMUNITY AT THE DAWN OF THE 21ST CENTURY: TWILIGHT OR RENAISSANCE? JAROSLAV KUDRNA, ESQ., LL.M. State immunity is a foundation of public international law. Sovereign immunity is based on the fundamental principle of international law, namely the equality of states - par in parem non habet imperium. State immunity is thus a manifestation of state sovereignty and states demonstrate respect for the sovereignty of other states by according immunity to foreign states appearing before their courts. The principle of state immunity is a dynamic area of public international law. State practice is continually evolving through national laws and court rulings. The aim of this thesis is to describe the current development of state immunity and to identify possible future trends. Another objective is to draw from current developments and offer practical recommendations on state immunity for both investors and states. The 20th century can be described as a twilight of state immunity: an absolute theory of state immunity shifted towards a restrictive one. That century witnessed the decline and fragmentation of state immunity. In contrast, if the UN Convention on jurisdictional immunities of states and their property enters into force and is ratified by a large number of states, state immunity might...
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...
Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Ondřej, Jan (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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")...
Outer Space Activities & Environmental Protection
Pospíšilová, Petra ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
Outer Space Activities & Environmental Protection Abstract This thesis aims at addressing various connecting factors between outer space activities and environmental protection. It examines the present legal regime of the outer space with particular regard to the environmental protection. The analysis of the most relevant space treaties is provided, reviewing the provisions concerning the protection of the environment, while addressing the emerging environmental issues. The significant role of international bodies is being emphasized, as well as the current challenges the regime of outer space is facing. Although the space-related activities offer an extensive tool to enhance environmental protection of Earth, the environment of space is nowadays being exposed to an imminent threat called space debris, which could prevent all possible future space activities if left unattended. The pollution of the space environment is at a critical level, and the international community is required to respond within a short time in the future. The introduction of mitigating efforts will no longer itself be effective without the addition of active employment of remediating measures, such as the active debris removal. On the other hand, space activities already widely contribute to preserving the environment of Earth...
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...
Territorial Disputes in South China Sea
Rožnovská, Veronika ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee)
Territorial Disputes in South China Sea Abstract This diploma thesis deals with territorial disputes in the South China Sea and its participants. The aim of the thesis is to describe legal titles of all participants of the dispute and analyse their claims for areas in the South China Sea. The reason of the territorial dispute is based on the proximity of countries and the fact that the South China Sea contains a number of features that are claimed by surrounding countries whose claims exclude. Moreover, one of the participants - China, claims nearly 90% of the whole area. The thesis also describes provisions of the United Nations Convention on the Law of the Sea that are significant for the territorial dispute, as well as, means of the conflict solutions of the dispute provided in the Convention. The Philippines as one of the participants of the dispute decided to initiate arbitrary trial in order to find amicable settlement. The arbitrary tribunal ruled in favour of the Philippines in that matter, however as final chapter provides, China decided to ignore the arbitrary award and continues to supress other countries. Thus, an amicable solution of the dispute seems very unlikely in the near future. Key words South China Sea, exclusive economic zone, territorial dispute
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...
Legal regulation of international trade in military material and civilian weapons
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
Legal regulation of international trade in military material and civilian weapons The thesis focuses on the comparison of regulations governing international trade with weapons of military and non-military character. The area under consideration is, given the character of the commodity traded, a specific area of international trade in which there are a number of legal norms regulating this area. The analysis and comparison of the legal standards in question is based on international, European and national legislation, with an emphasis on internal interconnection of individual legal norms in order to better understanding and relevance to the international arms trade. The thesis consists of several chapters that are thematically related. The first chapter deals with the theoretical definition of international arms trade with a focus on private international law. Particular attention is paid to the international purchase agreement and international transport agreements that will be applied in the course of the implementation of the arms trade. The second chapter focuses on defining the term "weapon" and its definition in the most important international conventions dealing with weapons. Attention is focused on distinguishing military weapons and weapons for civilian purposes. The next, third to fifth chapters...
Legitimní, legální a spravedlivá válka : nový pohled na právní a oprávněné použití ozbrojené síly v mezinárodních vztazích
Kolín, Vilém ; Moravcová, Dagmar (advisor) ; Ondřej, Jan (referee) ; Palouš, Martin (referee)
All chapters of this work are meant to help the reader think about the present day problem as to when the use of force in international relations is either lawful or justified. What I hope will clearly emerge from the text is that this and related issues are not brand-new but often old and recurrent. But even if these problems were new, it would help us to think about them by seeing what has been said and done about them in the past. When the chapters that follow seem to muddy the water, the reader may be comforted to know that this work seeks to build a powerful, overarching and binding structure of consistent argument. The early identification of what is meant here by legality and legitimacy in relation to the use of force in international relations, what methodology is used and how the argument is structured to meet the objective of this work will I hope help the reader stay focus as the examination unfolds.

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2 Ondřej, Josef
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