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Environmental protecting legislation in the context of land trust action
Králová, Šárka ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Environmental protecting legislation in the context of land trust action This diploma thesis deals with legislation of land trusts. The concept of land trusts is not very known in the Czech republic - neither in the legal section - altough this instrument is really perspective in environmental protection. Land trusts are not dependent to state power. Land trust can be described as nonprofit nongovernmental organization which associates people who want to voluntarily participate in environmental protection in their surroundings. They are not motivated neither by state organizations nor by economic aspects. They are protecting the environment on the basis of their highly positive relationship with nature and on the basis of their responsibility towards environment. The diploma thesis is divided into five chapters. The first chapter reveals what is land trust, how it can be estabilished and what is the essence of its mission. In the second chapter there are various legal relationships described which are used by land trusts for value land care purpose. There are also introduced some of the legal instruments used by land trusts. The third chapter enumerates another environmental actions of land trusts such as ecological education, ecological advicing and participation in the decision - making processes...
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The Right to a Favourable Environment
Černá, Ester ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
1 The Right to a Favourable Environment Abstract The diploma thesis deals with the right to a favourable environment. The main objective of the thesis is to answer the question of how this fundamental human right is applied nowadays and what is the role of international treaties by which the Czech Republic is legally bound in its interpretation. These findings are then critically evaluated and possible directions of the future development of this right are suggested. The thesis is divided into four parts. The introductory part of the thesis defines the basic concepts and introduces the fundamental principles of the environmental protection. The second part of the thesis approaches the possible forms of the relationship between environmental protection and the protection of human rights following the way they were defined by Dinah Shelton in 1991. The third part of the thesis focuses on the right to a favourable environment in the European legal area. First, on the example of the case-law of the ECHR one of the discussed approaches consisting in extending traditional human rights with environmental aspect is presented in more detail. Furthermore, this part deals with the Aarhus Convention and its significance for the right to a favourable environment. The last part of the thesis is devoted to the way in...
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Legal regulation of the NATURA 2000 network
Pavlovská, Kateřina ; Žákovská, Karolina (advisor) ; Derlich, Stanislav (referee)
Legal regulation of the NATURA 2000 network Abstract The aim of the diploma thesis is to analyse the legal regulation of the Natura 2000 network, namely its creation and its subsequent protection. Natura 2000 is the network that primarily serves to the protection of biodiversity on the territory of the selected protected sites, which is created by the member states of the European Union on their terriotory. The creation and the protection of the Natura 2000 network are based on two major regulations of the secondary EU law, specifically Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. To achieve the most comprehensive analysis of the legal regulation were used five main chapters, into them is the thesis divided. The first chapter introduces the concept of Natura 2000, it describes the purpose of this network and also the principles on which it is based. The second chapter describes the international legal regulation in relation to the Natura 2000 network, this chapter contains the list of international agreements that are also focused on the nature protection and with that they present the basis for Natura 2000 network. The third chapter relates to the EU...
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Legal aspects of tourism and sport in the Krkonoše Mountains National Park
Kučerová, Anna ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Legal aspects of tourism and sport in Krkonoše mountains national park Abstract This presented thesis analyse law regulation concerning protection of National Parks in against negative Influence of tourism and sport. Assessing impact of tourism on essential pillars (principles) of sustainable development I tried to find out if the preservation and protection of national Parks in The Czech Republic within Czech legislation is adequate. Content of the thesis of eight chapters is definition of terminology used in this thesis, listing of sources of legal regulation and means of protection of nature at National Parks and comparison of specific legal regulation of KRNAP and KPN. At the end of thesis the essential findings of the analyses are summarised. The aim of this thesis is to find a compromise between effective legal regulation and over-regulation of tourist and sport activities in National Parks. Key words: national park, tourism, legal protection, environment
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Legal Protection of Animals, Focusing on Livestock and Furbearers
Čapková, Petra ; Derlich, Stanislav (advisor) ; Stejskal, Vojtěch (referee)
Legal Protection of Animals, Focusing on Livestock and Furbearers The diploma thesis titled "Legal Protection of Animals, Focusing on Livestock and Furbearers" provides a comprehensive overview of current framework of the legal protection of animals in the Czech Republic. The thesis is divided into seven chapters and several sub-chapters. The initial chapters present information on the historical tendencies and philosophical bases of animal protection, as well as on the development of the perceiving of animals as subjects of law, which has over several centuries formed into our contemporary idea of an animal, its protection and legal standing. Crossing over from international and European legal sources, the thesis gradually shifts its focus on Czech legislature which has undergone marked changes over the last year, namely through the amendment 246/1992 Sb. aimed at eliminating animal abuse. Constituting a key aspect of the work, specific terminology is discussed in chapter 3. Terms such as animal or abuse are clarified consulting the law. As the title makes evident, the pivotal chapters of the thesis provide a more detailed delineation of the legal regulations concerning livestock and furbearers. Individual sub- chapters then discuss the particularities of their breeding, welfare, transportation...
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Legal regulation of the wild fauna
Kalivoda, Stanislav ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
1 Legal Regulation of the Wild Fauna Abstract The aim of this thesis was to map and explain the differences between extensive terminology and legislation in terms of developmentin the past and present. Attentionwas also focused on a historical excursion to the protection of animals in the Czech lands and its development to the present. More specifically, I focused on the category of birds, fish and mammals. Legal regulation of the wild faunadoes not only encompass legislative definitions, historical aspects, but is also an integral part of biodiversity, which is closely linked to this topic . As the environment does not end beyond the borders of our country, this issue must also be given due attention at international level in the light of the effective international conventions. In the first chapter, I consider the inconsistency of terminology in sections of the legal order and categorizing the understandingof the terms (fauna, animal,game) and clarity for its addressees. This means, from an animal perspective, public and private law.. In the second chapter, I focused on the protection of animals in terms of history and legal documents. Already in early historyof the humanrace, man began to affect his surroundings, whether it was huntingor gathering. Over time, with a growinghuman population,he began to...
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Public participation in land-use planning
Dvořák, Adam ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Legal regulation of watersourse protection
Altmann, Martin ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
Thesis title: Legal regulation of watercourse protection Abstract Watercourses are the most important form of surface water occurrence in the Czech Republic, and therefore their condition also significantly affects the overall state of all our aquatic ecosystems. Despite of it, the ecological and chemical status of watercourses is still not satisfying. This fact requires an increase in the efficiency and complexity of their legal protection, which is the subject of this thesis. The aim of the first part of this thesis is to describe the national legal regulation of watercourses protection in the context of European and international law. At present, national and international legislation is significantly influenced by European legislation provided by the Water Framework Directive. The first part pays attention to the instruments of national legislation, that are relevant to the second part of the work. The first aim of the second part of this thesis is to analyse the basic measures proposed in the two selected sub-basins in order to achieve the objectives of the Water Framework Directive, particularly the good water status. Following this analysis, the second aim is to find out what specific instruments the current legislation provides for the realization of the proposed measures and whether these...
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Legal protection of farm animals against cruelty
Kaletová, Gabriela ; Derlich, Stanislav (advisor) ; Stejskal, Vojtěch (referee)
Legal protection of farm animals against cruelty The thesis deals with the protection of farm animals against cruelty and its main goal is to evaluate the current state of legislation in this field, with respect to both theory and praxis. The thesis comprises of five chapters excluding introduction and summary. The summary sums ups all the findings introduced in the thesis and presents de lege ferenda ideas. The first two chapters define basic terms crucial for the topic and also introduce the historical basis of farm animal legal protection. The current legislation is dealt with at first at the international and European level in chapter three. More attention is naturally given to legal protection of farm animals in the Czech Republic, especially to enforcement of the farm animal protection laws. This enables the thesis to eventually evaluate how effectively farm animals are protected by law in our country. Chapter number five tries to answer the fundamental question behind this thesis; is the current legislation at such a level that would ensure that farm animals are indeed protected against cruelty and that would ensure their good welfare? The thesis uses knowledge from scientific fields such as ethology to be able to answer this question and evaluate the practical impact of the legislation on animal...
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