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Inviolability of diplomatic representatives and diplomatic mission focusing on the Tehran case
Frňková, Adriana ; Beránek, Milan (advisor) ; Ondřej, Jan (referee)
This thesis deals with the diplomatic and consular privileges and immunities - first theoretically and then with the application by the International Court of Justice in the "Case concerning diplomatic and consular stuff in Tehran." The thesis emphasises the importance of an observation of these privileges and immunities by the international community and its relevance within the public international law. The thesis is divided into the introduction, 5 main chapters and the conclusion. First chapter is focused on the diplomatic and consular privileges and immunities in general. It deals with basic concepts as well as with a list of diplomatic and consular privileges. The Part about immunities according to Vienna convention on Diplomatic and Consular relations is included here too. This chapter also focuses on obligations of the diplomatic and consular stuff in relation to the receiving state. Second chapter states obligations of the receiving state in relation to the diplomatic mission, consular post and their stuff and also certain rights that the receiving state is authorized to demand. Third chapter is divided into 2 main parts - a historical one, which describes modern history of Iran since the beginning of 20th century and focuses on the development of Iran - USA relations. Second part of the...
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The Rome Statute's Crime of Aggression following the Kampala Review Conference
Lipovský, Milan ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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Procedure before the International Criminal Court
Linhartová, Radka ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee) ; Beránek, Milan (referee)
The paper analyses the trial before the International Criminal Court (ICC) in the light of theoretical models elaborated in the State traditions - the continental (inquisitorial) system and the Anglo-American (adversarial) system. Hypothesis from the beginning of this paper according to which the trial is predominantly based on features of the continental (inquisitorial) criminal procedure has been confirmed. Regulations comprise the trial procedure before the ICC contain mostly provisions typical for continental (inquisitorial) criminal procedure. The paper contain the case study of the first trial before the ICC (Thomas Lubanga case) with a view to procedural problems at this stage of the proceeding. The way of interpretation typical mainly for continental (inquisitorial) criminal procedure have been used as a solution of these problems.
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Denial of Benefits and Article 17 of the Energy Charter Treaty
Kunstýř, Jan ; Balaš, Vladimír (advisor) ; Beránek, Milan (referee)
The so called "Denial of Benefits" clause (DOB) gives the respondent state an opportunity to exclude third parties to the investment protection treaties from enjoying the benefits of the treaty without assuming reciprocal obligations. No less than seventy-three investor-state disputes have been brought to arbitration under the ECT since its entry into force back in 1998. The DOB clause in ECT, Art. 17 has never been successfully invoked. States have tried to exercise their right in at least ten cases without success. This paper poses two research questions. First, what are the distinguishing features of Art. 17 of the ECT that make it function differently from other DOB clauses? Second, given the arbitral decisions, can the Art. 17 of the ECT be effectively invoked by respondent states? The paper is divided into five chapters. The first chapter introduces the topic of DOB clauses and the purpose of this paper. The second chapter is theoretical and addresses the topic of DOB clauses in general and further outlines their past, present and future. The third chapter focuses specifically on the Art. 17 of the ECT it examines the ECT arbitral awards and decisions that touched upon the clause. Chapter four aims to show the procedural issues of DOB clauses from the perspective of respondent states, it...
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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...
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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...
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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...
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The Responsibility of International Organizations
Brožová, Sandra ; Balaš, Vladimír (referee) ; 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...
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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...
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The Right of Self-Defense in Current International Law
Kittrich, Jan ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
The Right of Self-Defense in Current International Law The dissertation thesis is devoted to one of the key issues of current international law - the right to self-defense. The work is divided into six chapters including introduction and conclusion. After an introductory chapter describing the historical development of the use of force in international relations, it deals with classical self-defense in the context of customary law and contractual setting in the U.N. Charter. The main attention is devoted to the analysis of particularly controversial concepts, such as for example armed attack, with the explanation based on the International Court of Justice case law and doctrinal interpretation. In this context, substantial part of this chapter is devoted to the issue of indirect use of force. In this respect, the judgment of the International Court of Justice in case of Nicaragua is discussed in detail. The thesis also explores the relatively new concept in international law - the cyber-attack. The next chapter deals with preventive self-defense. The thesis analyzes in detail the doctrinal approaches to prevention, focusing on their main arguments. The two main theories - traditional and restrictive - are subject to thorough analysis. This chapter is also devoted in detail on the historical...
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