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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...
Legal tools for the protection of diplomatic representations and missions
Pöslová, Ada ; Beránek, Milan (advisor) ; Balaš, Vladimír (referee)
71 Summary The origins of the diplomatic immunities are to be found already in primitive societies, because each tribe was obliged to negotiate with other communities around him. From the beginning, the envoys enjoyed of personal immunity, without which any communication would not have been possible. This usage have been borrowed and developed by posterior states (especially the Roman Empire and the medieval European states were very active in their international relations) and that is the reason why the rules for the exchange and the treatment of envoys were the earliest to be firmly established as generally acknowledged customary law. At these times, the legal principles of diplomatic immunities, which are essential for the protection of diplomatic missions and their personnel, are to be found in the Vienna Convention on Diplomatic Relations, elaborated by the International law Commission in 1961. This Convention represents a progressive codification of all the principal legal rules governing the field of diplomacy. In some cases Vienna Convention even conceived some legal principles which until that time had not been universally recognized. For example article 22, where the inviolability of embassy premises is guaranteed, contains the provision that no pretext of public emergency or abuse by the embassy...
Legal tools for the protection of diplomatic missions and representations.
Popovová, Daniela ; Beránek, Milan (advisor) ; Faix, Martin (referee)
Legal instruments of protection of diplomatic missions and representatives This diploma thesis thematically deals with public international law, namely with the law of diplomatic and consular relations focusing on the legal instruments of the protection of diplomatic missions and representations. It aims to analyze selected international legal instruments and to evaluate the effectiveness of protection provided by them. The first chapter deals with the right of a sovereign state to establish diplomatic relations, i. e. ius legationis. Briefly mentioned are attempts to unofficial codification of the law of diplomatic and consular relations, which preceeded the official codification of the Vienna Convention, which are developed by the International Law Commission. The bulk of the chapter is devoted to the process of creation and adoption of both the Vienna Conventions. In the second chapter are analyzed those provisions of Vienna conventions, which provide preventative protection to diplomatic agents and consular officers as well as to premises of diplomatic missions and representatives. These provisions govern legal institut od diplomatic inviolability and also the special duty to protect diplomatic misssions and representatives provided by the receiving State. The third chapter focuses on selected...
Deployment of armed forces of foreign states in the territory of the Czech Republic
Hauserová, Michaela ; Ondřej, Jan (advisor) ; Beránek, Milan (referee)
The aim of this study is to serve as an introduction to the legal issues dealing with the presence of foreign states' armed forces in the territory of the Czech Republic and in any other receiving states' territory. Czech Republic has ultimate sovereignty under international law. It has supreme independent authority over her geographic area and is only restricted by the sovereignty of other states, international law itself and by freely accepted commitments. Chapter One is introductory and defines how as a consequence of its status as a sovereign state, Czech Republic joins international and supranational organisations and is part of many bilateral and multilateral security agreements. Such acts of its free will serve as a complex system of security measures that every state needs to undertake in order to secure its geographic area and its population. National security and safety is linked to international peace and security. One without the other cannot exist. Due to rapid developments and globalised world, the threats to states' security has changed. Nowadays, states need to face not only military threats, but non-military threats as well, such as economical, environmental, social or political challenges. States use multiple instruments for the purpose of overcoming these threats. One of the...
Responsibility of international organizations
Brožová, Sandra ; Šturma, Pavel (advisor) ; Beránek, Milan (referee)
The Responsiblity of International Organizations - Abstract The subject of this thesis is the responsibility of international organizations as a consequence of internationally wrongful acts, as a manifestation of international personality, and as the subject-matter of official and unofficial codification. This thesis defines the international organization as an intergovernmental organization, discusses the character of its international personality (universal and particular) and explains the legal nature of international responsibility, including the main differences between the responsibility of States and international organizations. The thesis then focuses on responsibility of international organizations in various branches of international public law - it discusses questions of contractual and tort liability, of attribution in UN peacekeeping missions, and of the rights of individuals to due process when dealing with responsibility of international organizations. The following is an analysis of the importance of codification of international law and the contribution of non-official codification activities for the work of the International Law Commission as the main codification organ of the United Nations. Draft articles on the Responsibility of International Organizations, which was, together with the...
Diplomatic asylum
Baránek, Martin ; Beránek, Milan (advisor) ; Honusková, Věra (referee)
This thesis deals with the international law institute of diplomatic asylum. Introduction analyzes early history of asylum law, focusing primarily on the period of ancient Greece and Rome, and later on the asylum practice of the Church, which as an influential institution of the medieval world greatly influenced development of asylum law. To be able to put diplomatic asylum in broader context of asylum law, thesis also deals with territorial asylum - classic form of asylum. There is also a marginal consideration on refugee issues. General discussion is followed by the analysis of diplomatic asylum itself. Diplomatic asylum as a Latin American legal particularism is a special form of asylum provided in the premises of diplomatic missions or in other suitable places. Thesis deals mainly with the interpretation of the necessary attributes that shaped diplomatic asylum and analyzes significant codification achievements in Latin America. A milestone in development of diplomatic asylum was the ruling of the International Court of Justice in Asylum case, put forward by Colombia and Peru, after a peruvian revolutionary, Mr. Haya de la Torre, was granted asylum in Colombian embassy in Lima, Peru in 1948. Negative attitude of the Court instigated legislative action of South American republics. During the...
Role of UN peace operations in keeping international peace
Ostrolucká, Zuzana ; Beránek, Milan (advisor) ; Faix, Martin (referee)
(anglický jazyk) The purpose of this thesis is to clarify the activities of United Nations' peacekeep-ing operations and thus provide an answer to the question of how and with what results they contribute to providing international peace and security. The work deals with peace-keeping operations appointed under UN Security Council resolutions. I chose this topic because of the great importance of peacekeeping operations status within UN activities and because of the interest in clarifying the role of their impact on world peace and security. This thesis is composed of five chapters. The first one deals with the role of the United Nations and its position within the international peace and security. The second chapter focuses on the definition of basic terminology that most often occurs in relation to the characteristics of UN peacekeeping operations and distinguishes them from each other. The third chapter defines their types and provides the role of peacekeeping operations by showing the essential characteristics of their development, mandate, and working princi-ples. The fourth chapter presents the issue of formation of the peacekeeping operation start-ing with the process of its establishment, continuing with the law applicable to the opera-tion, ending with its financing. The fifth chapter...
Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations)
Fencl, Ivan ; Faix, Martin (advisor) ; Beránek, Milan (referee)
Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations) Abstract The present thesis focuses on the issue of peace-keeping operations maintained by the regional and sub-regional organizations in Africa, namely African Union and ECOWAS. The main statement of the thesis is the following: The United Nations is unable to react effectively to threats to international peace and security, especially in cases of mass violations of human rights in intrastate conflicts, that have severe impact on particular region including refugee crisis or spreading the conflict to other states of the region. In the thesis, particular instruments of the above-mentioned international organizations, that create the framework for operations for maintaining peace and security in the region, are described. Attention is also paid to the relevant bodies of the African union and ECOWAS such as Peace and security council of the AU or African standby force. The thesis elaborates on problematic or controversial issues from international law perspective. In the first place, the concept of humanitarian intervention and related concept of responsibility to protect is underlined. It is demonstrated that African Union and ECOWAS have significant contribution to these concepts when implementing...
Law of Treaties - subsequent agreements and subsequent practice
Brožová, Sandra ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Beránek, Milan (referee)
The title of the dissertation: Law of Treaties - subsequent agreements and subsequent practice The topic of the dissertation is the codification of the rules of interpretation of international treaties, with special focus on the phenomenon of subsequent agreements and subsequent practice of the state parties. In its general introductory section, the thesis defines international treaties as a source of international law and presents a comprehensive analysis of methods of interpretation and their codification. The fundamental part is devoted to the subsequent agreements and subsequent practice, their definition, including the difference from other similar methods, and the use of them for the interpretation of treaties before international courts and in international organizations. This thesis also focuses on the issue of evolutionary interpretation. The practical part of the thesis is based on the interpretation of treaties in three branches of international law (investments, cultural cooperation, taxes), with emphasis on the use of subsequent agreements and subsequent practice and on the current developments in the negotiation of new treaties and in the activities of international organizations.

National Repository of Grey Literature : 28 records found   1 - 10nextend  jump to record:
See also: similar author names
1 Beránek, Marek
9 Beránek, Martin
4 Beránek, Matěj
7 Beránek, Michal
1 Beránek, Miloš
1 Beránek, Miroslav
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