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International Criminal Court and immunity of the head of state
Sádlová, Martina ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
THE INTERNATIONAL CRIMINAL COURT AND THE HEAD OF THE STATE IMMUNITY The thesis deals with the institute of immunities of the head of the state recognized under the international law and with its applicability before the International Criminal Court (hereinafter referred to as "ICC"). The aim of this thesis is to analyze the conflict between two international legal rules which is the obligation to prosecute and punish perpetrators of crimes under the international law, irrespective of the status of the offender, and the exclusion of heads of the state from the criminal jurisdiction because of the immunity that protects its bearer. According to the Rome Statute (hereinafter referred to as "Statute") which established the ICC its contractual party is obliged to surrender any accused person to the Court even if this person enjoys immunity. However another provision of the Statute says that the request for this surrender could be refused by the party if it broke an obligation which this party has against the state whose national is the accused person. The first chapter outlines the formation and the functioning of the Court. Subsequently, the work deals with theoretical terms such as the head of state, the individual responsibility or the immunity. It provides with the types of immunities a person could enjoy...
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International criminal ad hoc tribunals
Purgerová, Eva ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Hofmannová, Mahulena (referee)
This thesis deals with the description of the completion of the international ad hoc criminal tribunals' activity as they have been established for fulfillment of the special task and as they are not concerned permanent tribunals. This thesis draws the analysis of the rules for completion of the activity of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) and their application in particular cases. The establishment of the two most famous international criminal tribunals ad hoc, ICTY and ICTR, and their jurisdiction is described at the beginning of this thesis as introduction to completion of the international criminal tribunals activity topic. The analysis of the completion strategies of the ICTY and ICTR, completion strategy measures taken by the ICTY and ICTR, analysis of the transfer of the cases to national courts and switch to the national investigation and establishment of so called residual mechanism constitute core of this thesis. Special chapter is comprised by introduction of the Rule 11 bis, which determines conditions for possible transfer of cases to the national jurisdictions, including evaluation of this rule in particular cases. In this thesis I discuss the practical point of view of the ICTY and ICTR...
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The concept of investments in international agreements on investment protection
Hrivnák, Jan ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The concept of investments in international agreements on investment protection The concept of an investment is one of the fundamental constructs in the international investment law, as it is crucial for determination of bilateral or multilateral investment protection treaties' scope of protection regarding particular economic activity of investors in the host state territory. The purpose of this thesis is to provide examples of possible solutions of the dichotomy in the apprehension of the investment concept and its interpretation in practice, in particular with regards to the decisions of arbitral tribunals. A historical analysis of understanding of the investment concept is provided together with its current and historical interpretations in bilateral and multilateral investment protection treaties; with an emphasis that at present, there is no uniform legal definition of the concept of an investment. An absence of such definition does not limit the flow of foreign investments or the conclusion of bilateral or multilateral investment protection treaties, which contain broad definitions of this concept. At the same time, it is possible to trace a tendency to determine objective elements common to all investments, while the primary inspiration is drawn from the economic science and its concept of...
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The right to respect for private and family life
Fremrová, Jolana ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee)
The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...
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The legal nature and research of resolutions of the UN Security Council under Chapter VII of the UN Charter
Vneková, Monika ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The United Nations Security Council is primarily responsible for maintenance of international peace and security according to the Charter of the United Nations. To achieve this goal, it is authorized to adopt resolutions binding on member states under Chapter VII of the Charter. Considering the character of situations to which the Security council responds through its Chapter VII resolutions, this legal instrument often stirs emotions among the general public. But what does the law itself say about the Chapter VII resolutions? What is their legal nature and value in the field of public international law? This thesis provides an analysis of the Chapter VII resolutions, offers a definition of a Chapter VII resolution and analyzes some specific resolutions by which the Security Council acted more as a quasi-judicial or a quasi-legislative body. Through analysis of content limits of the Security Council powers, the thesis endeavors to confirm that binding nature of the Chapter VII resolutions as well as an obligation of member states to give effect to those resolutions do have its boundaries; and despite the special role of the Security Council in the field of public international law, its Chapter VII resolutions cannot have unlimited content. First of all, the resolutions cannot be in conflict with...
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Investment protection agreements and EU law
Hrabčáková, Judita ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
In today's world of international economic integration, foreign investment is an important element of countries' economic development. International law in this area has to come to terms with, on one hand, the effort of the host country to attract foreign investors by providing investors with an attractive investment environment and on the other the need to preserve sovereignty of the host country. The thesis aims to offer an overview of the issue of regulation of foreign investment protection at the international level and focuses, within selected problems, on the interaction of agreements on the protection of foreign investment and EU law after passage of foreign direct investment within the exclusive competence of the European Union. For the purpose of fulfilling the objective of this paper the author used general theoretical knowledge and used descriptive and comparative methods and analogy. The work consists of three chapters, each of which is divided into subsections. The first chapter - Introduction presents the issue of protection of foreign investment. The second chapter, entitled Agreements on the protection of foreign investment and EU law focuses on selected aspects of the interaction of international investment agreements and EU law. In subsection 2.1 entitled International Investment...
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Diplomatic asylum
Ander, Adam ; Honusková, Věra (advisor) ; Šturma, Pavel (referee)
68 Summary Diplomatic Asylum The aim of my thesis is to analyse the topic of diplomatic asylum in the light of the fact that diplomatic asylum is not universally codified nevertheless it is used in international practice. Main questions set for this thesis are: On what legal basis lies the practice of providing international protection in form of diplomatic asylum in countries that are not participating on international treaties concerning diplomatic asylum? Should this situation be called in different way e.g. humanitarian refuge? Why are states not able to find compromise in codifying this topic? What is a background for this inability - or rather unwillingness? The thesis is divided into six main chapters, each of them trying to deal with the topic in different point of view and trying to find answers to the above stated questions. First chapter examines terminology of the topic using different encyclopaedias and vocabularies, finding that it is nearing Babylonian confusion of tongues. The following chapter goes back in history in order to find roots of asylum and more narrowly diplomatic asylum. This chapter is subdivided into two parts, because there is a huge difference between the development of diplomatic asylum in Europe and in Latin America, where diplomatic asylum survived until today and was...
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Duress as a defence in international criminal law
Hladíková, Eva ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...
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Regional organizations and the fight against terrorism: a comparison of systems of the Council of Europe and the Organization of American States
Žabková, Marie ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The aim of my thesis is both to describe the steps of the OAS and the Council of Europe in the fight against terrorism and also to compare their approach in this area. The thesis is divided into four chapters, which are further subdivided into three parts. The first two parts of each chapter describe the steps of each organization separately, the third part compares their approach and puts it into the context. The first chapter examines the reasons for which these organizations decided to implement the fight against terrorism on their agendas and maps the adoption of the first international instruments. Although the time scale of the activity in this area rather overlaps, I point out the different approaches of the two organizations in terms of the adopted counter- terrorism conventions. The following chapter is devoted to the period after the terrorist attacks of September 11, 2001, when a review of existing documents took place and the counter-terrorism cooperation between the countries of both regions was intensified. In this chapter, I discuss in detail the newly adopted international tools and compare their impact on the existing regulation. In the third chapter, I try to outline new areas of interest in the field of counter- terrorism. The focus is shifted to the issues like financing of...
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Annulment of an arbitration award in the system of the Washington Convention on the Settlement of Investment Disputes
Ottingerová, Lucie ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
ANNULMENT OF AWARDS UNDER THE WASHINGTON CONVENTION ON SETTLEMENT OF INVESTMENT DISPUTES The annulment mechanism plays a significant role in the system established by the Washington Convention. As a model of review, it strives to reconcile respect for the parties' desire to achieve final and efficient resolution of their dispute with the limited possibility to quash an award which is a product of a fundamentally flawed process. The existence of this exceptional opportunity to annul an award after its issuance has been widely recognized as an important factor in the success of ICSID as a platform for settlement of investment disputes. This thesis focuses on the issue of scope of review exercised by the ad hoc committees in annulment proceedings. The very first generation of ad hoc committees, represented by the annulment decisions in Amco I and Klöckner I, cast a shadow of doubt on ICSID's ability to transform its avowed dedication to the principle of finality into practice. Both of these decisions were accused of crossing the line between limited review anticipated by the Convention and substantive review typical for appellate systems. The primary ambition of this thesis is to explore the legitimacy of these concerns with respect to the current generation of ad hoc committees. Therefore, the first...
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