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Crisis of the WTO dispute settlement system - MPIA
Červinka, František ; Šturma, Pavel (advisor) ; Urbanová, Kristýna (referee)
The Dispute settlement system of the World Trade Organization is in a crisis. The demise of the Appellate Body signals tough times for the multilateral trading system. The Appellate Body is now devoid of its adjudicators, their appointment blocked by the US. The celebrated system of dispute resolution has been crippled. Evolving since the second world war it saw many iterations. The first goal of this thesis is to explore the nature of the different dispute settlement regimes of the ITO, the GATT and the WTO and determine whether they constitute a judicial or a diplomatic system. The second goal of this thesis is to analyze the Appellate Body crisis. With no resolution in sight, a group of members agreed to sign the Multi-party Interim Appeals Arrangement (MPIA), resorting to arbitration in place of the non- functioning Appellate Body. The US has raised numerous objections to the practice of the Appellate Body and the thesis shall touch upon a number of them with a thorough discussion, mainly on the extent of its authority and the limits of its functioning. The thesis will examine the criticism of the US, counterarguments and whether the MPIA rectifies any of the perceived shortcomings. Key Words: Multilateral Trading System, the World Trade Organization, the Appellate Body, the MPIA, dispute...
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International investment arbitraion in selected EU Member States
Kiselyová, Miriama ; Šturma, Pavel (advisor) ; Chovancová, Katarína (referee) ; Balaš, Vladimír (referee)
International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Šturma, Pavel (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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Sales Promotion and Advertising of Company a Specific Section
Buriánek, Tomáš ; Šturma, Pavel (referee) ; Mráček, Pavel (advisor)
This Bachelor thesis deals with the issue of sales promotion and advertising of a sports club. The supporting documents for the work are drawn from both the specialist literature for the theoretical part and the club's supporting documents for the analytical part. In the described club I hold the position of marketing specialist, so in the design section I take the liberty of suggesting further possible steps to achieve the club's objective. Supporting the sale of the club means all its activities to take on and sell its brand. Individual activities that can generally be used in sports marketing are the content of the theoretical part of the work. The analytics section offers a contemporary marketing mix of a club that has recently undergone a major brand change. The conclusion of the work is focused on my proposals, which aim to promote the rebranding of the club within its environs.
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Contemporary European regional organizations and their tools for conflict prevention and conflict resolution
Ruffer-Lustigová, Petra ; Ondřej, Jan (advisor) ; Šturma, Pavel (referee) ; Karásek, Tomáš (referee)
This study seeks to explore the phenomenon of different approaches European security organizations (EU, NATO and OSCE) apply in conflict prevention and conflict management, as well as the tools they use in the framework of security governance. The purpose of exploring this issue is to understand why states tend to collaborate through international organizations, what is the role of a hegemon, in what way organizations execute delegated powers, whether the institutional design of international organizations can influence its effectivity, and last but not least, how important are shared values in the process of regional cooperation. Qualitative approach aiming at understanding the causes and their interpretation was picked out to draw relevant conclusions to be later compared with theoretical approaches of constructivism, institutionalism the hegemonic stability theory. A case study approach is used at the methodological level to explore the influence hegemon has (or precisely two hegemons) over the functions of OSCE; the role of shared values in promoting a zone of peace and stability beyond the region borders (European Neighbourhood Policy); or the ability of international institutions to independently act on behalf of member states in line with (or even against) their interests. The last subject...
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The Accession of European Union to the European Convention on Human Rights
Brtna, Dominik ; Šturma, Pavel (advisor) ; Tymofeyeva, Alla (referee)
1 The Accession of the European Union to the European Convention on Human Rights 1. Abstract in English This diploma thesis focuses on the relationship between the European Union (EU) and the European Convention on Human Rights (Convention). Especially in the light of the renewed attempt of the EU's accession to the Convention. Introduction (First Chapter) explains in brief the current situation, motivation of the author and the goals of the thesis. Also, the sources and methods used are introduced. Second Chapter describes the rich history of both European Union and European Convention of Human rights, with respect to their interlocking nature in the area of human rights. Analyses instruments such as Lisbon Treaty and the Charter of fundamental rights of the European Union. Third Chapter analyses the Opinion 2/13 of the CJEU and its impact on the accession of the EU to the Convention. Situation before and after the adoption of the Opinion, with its implications for the future relationship between the EU and the Convention. The next major section of this Chapter are the most recent meetings between the EU and the Council of Europe and evaluation of the hitherto progress. Fourth Chapter compares level of protection procedurally. Fifth Chapter compares level of protection substantively, in relevant case-law...
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Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law
Bartková, Josefína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections...
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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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Regulation of Extradition Procedure in International Law
Huclová, Helena ; Šturma, Pavel (advisor) ; Jílek, Dalibor (referee) ; Polák, Přemysl (referee)
Regulation of Extradition Procedure in International Law The subject of research of the thesis is the institute of extradition. The issue of extradition of persons by one state to another state with the purpose of criminal proceedings or imposition or enforcement of a sentence is very topical. Progressing process of globalization and easy ways of travelling enable perpetrators of criminal offences to hide from justice in various states. The extradition plays an important part in extradition of perpetrators of "ordinary" criminal offences as well as it is significantly instrumental in a fight against transnational organized crime, cybercriminality and other forms of transnational crimes. Cooperation of states in extradition of persons is therefore absolutely crucial in a fight against impunity of perpetrators of criminal offences. The extradition law may be divided into a material branch and a formal branch. The material extradition law analyzes conditions for granting the extradition. The formal extradition law represents an overview of procedural measures relating to the commencement of extradition proceedings, its course and its termination. The topic of the thesis is the "Extradition in International law". However, the subject of the thesis itself is narrower. The thesis focuses only on the...
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