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Legal regime of mining in space
Synková, Andrea ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
Due to the growing interest of states and private companies in space natural resources, the topis of the legal regime of mining in space is very actual. The purpose of this thesis is to formulate aspects of the legal framework of mining in outer space, which has not yet been created, but its foundations and key princpiples can be deducted from current international treaties and international customs. Currently, there is no consensus on whether commercial mining should even be permissible and whether the ownership of space natural resources is in accordance with international law. For this reason, this thesis presents some views of states, supranational bodies and experts in order to present the arguments of supporters and opponents of commercial mining in space. The contours of the space mining legal regime are also outlined by international expert group initiatives as well as some soft law, while this thesis briefly presents the content of the most iportant of these - the Artemis Accords and Building Blocks. This thesis further attempts to formulate the current interpretation issues of the Outer Space Treaty and offers different point of view on the solution of these issues. This thesis further analyzes the current national legislation on the acquisition and ownership of natural space resources,...
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Legal issues of space debris remediation
Lepesantová, Alice ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
Legal issues of space debris remediation Abstract Space activities are growing, and outer space is becoming congested to a point where space debris remediation is needed to ensure a sustainable outer space environment. However, space treaties do not take space debris remediation into account. This thesis analyses legal issues of space debris remediation as one of the most pressing matters of space law. The author aims to answer whether current space law provides a sufficient framework for space debris remediation by analysing the issues of perpetual ownership, liability, registration, and transfer of ownership. Ownership of space objects is permanent under the Outer Space Treaty, this also applies to space debris, which complicates its remediation in certain cases. Obtaining permission is not a viable solution when the owner is unknown. Abandonment is discussed as a solution to the ownership problem. Transfer of ownership is also complicated as liability for damage cannot be transferred, neither can jurisdiction and control when the transferee is a non-launching State. Furthermore, liability presents an issue itself, as the space treaties were not drafted to fit the delicate legal relationships that may arise during space debris remediation operations. The possibility of a different liability regime for...
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European Convention on Human Rights and its response to hate crimes and hate speech
Kundrák, Viktor ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee) ; Jílek, Dalibor (referee)
The doctoral thesis deals with the issue of hate crime and hate speech in international law, specifically the protection of victims of acts falling under both categories within the framework of the European Convention on Human Rights. It describes the conceptual development of both phenomena and their regulation in international law, including both hard law, i.e. binding international law, and soft law, at both the universal and regional levels. Regarding hate speech, it highlights the crucial role of international freedom of expression protection and the different standards and requirements imposed on states based on the severity of the speech. It extensively analyzes the case law of the European Court of Human Rights in relation to both areas, introducing the category of verbal hate crime, which lies between hate crime and hate speech. It describes the parameters and limits of victim protection in relation to both types of behaviors and outlines possible future directions for the development of the Court's case law in the context of binding instruments at the universal level and the dynamic development of international soft law. In the area of hate crime, it focuses on the reflection of the need for a comprehensive response to the phenomenon, going beyond the procedural obligation of effective...
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The European Union as an Actor of International Space Law
Hajdúk, Roman ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
This thesis aims to provide a comprehensive outlook on the EU's position in the system of international space law. It delves into the structure, legal regulations, nature, and individual components of the EU's space programme. Furthermore, it examines the space dimension in relations between the EU and the UN, and the EU's position on the selected UN space treaties. Additionally, the thesis discusses the cooperation between the EU and ESA, and the nuances of their relations. The first chapter provides a historical overview of the EU's involvement in space and explores the nature and limitations of the EU's space competence within the framework of EU law. In the second chapter, the EU's present space activities are analysed, focusing on the recent legal regulations governing the EU's space programme. This chapter also assesses the objectives, structure, and governance of the EU's space activities and explores the individual components of the EU's space programme and their character. The third chapter examines the EU's stance on the Outer Space Treaty, the Liability Convention, and the Registration Convention. It discusses their impact on the EU's space legislation, as well as the issues connected with the registration and liability for the EU space objects. The chapter also briefly discusses the...
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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Balaš, Vladimír (advisor) ; Hofmannová, Mahulena (referee) ; Feigerlová, Monika (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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Legal regime of arms control in relation to outer space
Kravciv, Miloš ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
1 Legal regime of arms control in relation to outer space Abstract The use of outer space began more than 60 years ago, and humanity is increasingly dependent on space infrastructure. The number of participants and space objects in outer space is constantly increasing. However, since the beginning space exploration has been connected to military activities in outer space. Paradoxically, it has helped economic development and keeping of international peace and stability in many ways. Nevertheless, some military activities, in particular the development and testing of anti-satellite systems and possible placement of weapons in outer space itself, are potentially destabilizing and threatening even the very existence of space infrastructure. Space law, as a separate branch of the international law, has been evolving in particular since the 1950s. Among other things, legal norms governing armaments in relation to outer space have been adopted in this field. This work provides a basic overview of the development of space law as such and deals in more detail with individual concepts and specific provisions related to the regulation of armaments in outer space, including the so-called soft law, i.e. non-binding norms. The fundamental question is whether the existing space law, including possible international...
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The Status of Non-Governmental Organisations in International Law on the Example of the Russian Federation
Laryšová, Nela ; Bílková, Veronika (advisor) ; Hofmannová, Mahulena (referee) ; Trávníčková, Zuzana (referee)
Title of the dissertation: The Status of Non-Governmental Organisations in International Law on the Example of the Russian Federation Abstract The dissertation deals with the status of non-governmental organisations in international law. It approaches this issue from two perspectives. The first is the international law regulation of non-governmental organisations in the international system. The second is the question of the impact of international law on the regulation of non-governmental organisations at the national level. These two perspectives are interrelated since, without compliance with the requirements of international law at the national level, non-governmental organisations cannot be active at the international level. The dissertation demonstrates this thesis on the example of the Russian Federation, which has adopted legislation on non-governmental organisations that severely restricts their functioning and very existence in the last ten years. The first part of the dissertation examines the status and regulation of non-governmental organisations in international law. It deals with the understanding of non-governmental organisations, their historical development, and the topics that non-governmental organisations currently address in the international system. It also provides a definition of...
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Enforced disappearance as a crime against humanity
Riesová, Eva ; Šturma, Pavel (advisor) ; Hofmannová, Mahulena (referee)
1 Enforced Disappearance as a Crime Against Humanity Abstract This thesis deals with the topic of enforced disappearance as a crime against humanity. Although it is not a particularly debated act, it still occurs in some parts of the world. From the perspective of international law, this is an interesting phenomenon, as the systematic or widespread execution of enforced disappearances is considered a crime against humanity. It is a rather effective means of spreading panic and terror, affecting not only the physical and psychological state of the victim, but also his or her relatives and friends. The aim of this paper is to analyse enforced disappearance with a particular focus on the crime against humanity. The thesis is divided into four parts, each of which is further divided into relevant chapters or paragraphs. Thus, it will touch not only on the individual concepts and their origin, but also on the analysis of the important provisions of the two main documents related to enforced disappearance, the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance. However, this convention regulates enforced disappearance slightly differently from the ICC Statute. In addition to defining enforced disappearance, it also...
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Reservations to international human rights treaties
Machoňová Schellongová, Ivana ; Šturma, Pavel (advisor) ; Hofmannová, Mahulena (referee) ; Válek, Petr (referee)
1 Reservations to international human rights treaties Abstract Reservations to human rights treaties have been focus of theory and practice of international law for many years. While the Advisory Opinion of the International Court of Justice on the Reservations to the Genocide Convention and the Vienna Convention on the Law of Treaties set key parameters for making reservations to international treaties, in particular criteria of compatibility of reservations with the object and purpose of a treaty, many questions remained unanswered. A question whether the regime of the Vienna Convention of the Law of Treaties is appropriate for international human rights treaties, due to the special character of the later, raised to heated debates. Authority of treaty bodies, e.g. committees monitoring implementation of these treaties by their States parties, to decide upon compatibility of reservations with object and purpose of these treaties and consequences of such decision, has been discussed. In the meantime, the treaty bodies, as well as the regional courts, developed a rich jurisprudence in this respect. Finally, the International Law Commission analysed the issue of reservation thoroughly over 18 years, leading to adoption of the Guide to Practice on Reservations to Treaties (2011) clarifying most of the...
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