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Formation of sovereign Croatia from a perspective of the International Public Law
Řepová, Daniela ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
Formation of sovereign Croatia from a perspective of the International Public Law Abstract This diploma thesis is focused on a question of the formation of sovereign Croatia as independent state divided from the Socialist Federal Republic of Yugoslavia. The proclamation of the independence is being considered on the basis of historical-legal events and a subsequent reaction of the international community. Firstly, the requisites of a statehood, based on the Montevideo Convention (1933) - citizens, territory, effective government and the ability to enter into international relationships - were considered. Especially their fulfilment in the moment of the proclamation of independence. Secondly an effect of a state recognition is considered, bearing in mind an existence of a declaratory and a constitutional theory of recognition. Those were then applied on the act of recognition of Croatia by other states. The process of creation of Croatia took place under difficult conditions, because of an armed conflict, which took place on Balkan at that time. Therefore, solving the problem of legal status of the successor states, which divided from the federation, was of a huge importance. Within a Conference for a peace in Yugoslavia a commission was established. So called Badinter Commission was meant to solve legal...
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Hosting Treaties between States and International Organisations
Křivonoska, Jan ; Beránek, Milan (advisor) ; Faix, Martin (referee)
74 Hosting Treaties between States and International Organisations Abstract This thesis is focused on so called hosting treaties between states and international organizations. First the necessary prerequisites for international organizations to conclude a treaty are analysed. Which is the need of international organizations to be a subject of public international law, theories discussed are the will theory, objective theory, and theory of presumed personality. Furthermore, the powers of international organisations are examined, and theories of expressed powers, implied powers and inherent powers are explained. Hosting treaties are first discussed in general, together with other relevant types of international treaties, which are the founding treaties of international organizations often containing at least a general provision on privileges and immunities of the organization. The second relevant type of treaties are multilateral treaties concerning privileges and immunities as is for example the Convention on privileges and immunities of United Nations. After the general part ten hosting treaties between various international organizations and the Czech Republic are used to demonstrate what is the exact content of those treaties. The main focus of hosting treaties are privileges and immunities, they can be...
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Treatment of persons with mental disorders from the point of view of Art. 3 of the European Convention on Human Rights and the Czech Republic
Kuchařová, Tereza ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
Treatment of persons with mental disorders from the point of view of Art. 3 of the European Convention on Human Rights and the Czech Republic Abstract The diploma thesis is mainly dedicated to possible forms of ill-treatment of people with mental disorders. The main aspect of ill-treatment in the thesis is Article 3 of the European Convention on Human Rights, the convention concluded within the Council of Europe. The introduction describes the most important decisions of the European Court of Human Rights on this issue. However, the basic pillar of the work is the out-of-court control mechanism of the Council of Europe based on inspection visits and subsequent recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Following the CPT's findings, the work describes the current state of affairs in the use of restraints, which the author currently considers to be the largest source of disagreement in the professional debate on psychiatric care. The content therefore also includes a description of the Czech legislation on the use of restrictive measures and the main views on their advantages, disadvantages and risks. The conclusion of the thesis consists of a description of a possible solution to the unsatisfactory situation in the field of...
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The creation of a state by way of separation (secession) from an existing state
Bílý, Adam ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The creation of a state by way of separation (secession) from an existing state This thesis attempts to map the current theoretical approaches to state secession as well as explore the approach of international law to this issue. The thesis is split into two main parts. The first, theoretical part, consists of four chapters and covers the basic definition and other aspects of a state, like the elements of statehood, the creation of a state, theories of recognition of a state, de facto and de jure states, state succession in international law etc. Then it moves on to the introduction of the topic of secession itself. It offers multiple definitions of secession, divides secession into types, provides a brief history of secession and discusses concepts like the right of peoples to self-determination or the principle of territorial integrity. Then, the thesis covers a range of so-called explanatory theories of secession. Explanatory theories attempt to describe various elements that affect secession. The last chapter of the first part describes three so-called normative theories of secession. Normative theories, unlike explanatory theories, attempt to define under which circumstances a secession can be considered justifiable. The second part of the thesis is split into three chapters. Each chapter is a...
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Diplomatic privileges and immunities of bodies and workers of the EU institutions
Cvoligová, Karolína ; Scheu, Harald Christian (advisor) ; Faix, Martin (referee)
Diplomatic privileges and immunities of bodies and workers of the EU institutions Le sujet de ce travail est de présenter des privilèges et immunités concernant l'Union européenne en tant qu'organisation internationale, ses fonctionnaires, agents et autres personnes susceptibles d'agir dans son intérêt. À la différence des immunités des États, accordées à ces derniers au nom de leur égalité souveraine, les immunités des organisation internationales se justifient exclusivement par leur caractère fonctionnel. Elles visent en effet à assurer à l'organisation une certaine autonomie et une indépendance indispensables à l'efficacité de son action. L'Union alors jouit des privilèges et immunités nécessaires à l'accomplissement de sa mission. Le document servant de base juridique, dans lequel les privilèges et immunités de l'UE sont définie , est le Protocole du 8 avril 1965 sur les privilèges et immunités des Communautés européennes. Ce dernier a été révisé au 1er décembre 2009 par le traité de Lisbonne. L'UE remlace ainsi, par ce traité, la Communauté européenne, ainsi duquele Protocole sur les privilèges et immunités des Communautés européennes, qui devient le Protocole sur les privilèges et immunités de l'Union européenne. Ce Protocole concerne l'UE, ses organes, les représentants des États...
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Humanitarian intervention and the Responsibility to Protect during the Syrian crisis
Hrčková, Jana ; Faix, Martin (advisor) ; Honusková, Věra (referee)
The aim of the work is to analyze the concepts of humanitarian intervention and responsibility to protect (R2P) with special emphasis on their development in the light of the ongoing Syrian crisis. The text follows the evolution of humanitarian intervention into R2P and introduces theoretical assumptions behind both concepts. It is argued that at the moment, R2P does not bring particularly novel concepts into the international law and can be generally described as a hybrid of legal, political and moral obligations. Consequently, the text includes a case study of the Syrian conflict and an evaluation of the way R2P has been applied during the crisis. Final section of the work is devoted to a suggestion of a new solution for R2P - responsibility while protecting.
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Patková, Lucie ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The thesis deals with topic of universal jurisdiction with an emphasis on British House of Lords' decisions in case of former Chilean president Augusto Pinochet from years 1998 and 1999. Universal jurisdiction enables to prosecute crimes committed abroad by persons, who at time of such commission were neither the citizens of state in question nor the permanent residents of the state. It is expression of an idea, that it is common interest of the whole international community to prosecute the most serious crimes under international law, irrespective of any link to the prosecuting state, because such crimes relate to the whole international community and not only single state. The first chapter of the thesis deals with national criminal jurisdiction, whose comprehension is necessary for further understanding of universal jurisdiction. The universal jurisdiction is the main topic in the second chapter, in which I outline a brief history of the concept, mention application of the universal jurisdiction in case with Adolf Eichmann in Jerusalem, and try to find out where the importance of universal jurisdiction lies or what the main alleged disadvantages and risks are as well. My further concerns are the scope of universal jurisdiction, that is the crimes that are subjects to its application, universal...
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International protection of persons with health disabilities
Strnad, Jan ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
International protection of persons with disabilities Summary The theme of this thesis is the protection of persons with disabilities under international law. In last decades there have been a dramatic shift in the perception of disability. It has changed from medical approach to the social model of disability, which is closely connected with the human rights perspective on the "disability rights". This paradigm shift has culminated in adoption of the United Nations Convention on the rights of people with disabilities. Violating of their human have several forms and is spreaded all over the world. Nevertheless, the number of them is still growing. According to the WHO estimations about 15 % of world population live with some form of disability and most of them in developing countries in the condictions of the lack of elementary resources and support. Relation between disability, discrimination, poverty nad social exclusion is thus more than clear. On the other hand, people with disabilities definitely do not present any kind of homogeneous group. Diversity of people with disabilities brings a serious challenge in the various forms of obstacles and barriers preventing them from full and equal enjoyment of their human rights and thus a wide range of measures necessary to eliminate them. The aim of this work...
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Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with physical or mental handicap
Pastorek, Štěpán ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with disabilities Absolute prohibition of torture and ill-treatment is clearly set in article 3 of the European Convention on Human Rights. When assessing particular obligations, which are arising out of it, we need to look deep into the European Court of Human Rights jurisprudence. The aim of this thesis is to analyse positive obligations of state arising from article 3 focusing on persons with disabilities. This is achieved also with the aid of various human right bodies such as UN Human Rights Committee, UN Committee on Torture or UN Committee on the Rights of Persons with Disabilities. Due to the fact that this area is not really covered yet, certain parts of this thesis are focused on defining important terms and putting them together. The approach is analytic with elements of comparison between the view of European Court of Human Rights and other relevant international human rights bodies. The thesis is composed of three main chapters. Chapter One is introductory and defines the main terms such as ill-treatment, torture, scope of the article 3 of the European Convention on Human Rights in connection with rights of persons with disabilities and the concept of positive obligations...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (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...
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