National Repository of Grey Literature 89 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
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...
The Legal Status of a Resistance Movement and the Analysis of its Acts Within the Israeli-Palestinian Conflict
Pohořská, Barbora ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The Israeli-Palestinian conflict brings up many questions considering and reaching into several different spheres, including the spheres of law. This thesis focuses on the question of the organized resistance movement against occupation and on its legal status. It is known that the inhabitants of every occupied territory are allowed to protect themselves and their territory from the occupier, thus they are allowed to resist the occupation and to claim a recognition of their resistance movement and of its acts as legal acts. Although the resistance movement is a well known term, there is no official definition of this movement and its legal framework is quite narrow; it only establishes the characteristics needed in order for its members to gain a status and a legal protection similar to the regular combatants. It is limited from its name that the resistance movement against occupation may only exists in the territory where an actual occupation takes place. In order to characterize the organized resistance movement against occupation in the Israeli-Palestinian conflict, it is necessary for this thesis to first answer several supporting questions concerning the actual status of the specific conflict and look closer whether or not is the concerned territory actually occupied. After reaching a...
Preliminary measures in international procedural law
Černá, Pavlína ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The title of this diploma thesis is "Provisional Measure in International Procedural Law". The purpose of provisional measures is a preservation of the rights of each party pending the settlement of the dispute which means pending the definitive decision in the case. It helps to protect the object of the litigation and to maintain in its state as it existed on the initiation of the proceedings. Furthermore, the function is a preservation of the integrity of the final judgment and the prevention of violent self-help. I chose the issue of provisional measures as a topic of my diploma thesis because it is an essential instrument to enable any international court or tribunal to perform its functions. The aim of the thesis is to analyze law containing provisions relating to order of provisional measures and practice of particular international courts and tribunals. The diploma thesis is divided into five chapters. First chapter defines provisional measure and explains its using in International Procedural Law. Second chapter focuses on the exercise of provisional measures in international arbitration especially in respect to proceedings before the International Centre for Settlement of Investment Disputes. On the other hand, third part deals with proceeding concerning provisional measures before two...
Peacekeeping Operations within the System of Collective Security
Popel, Martin ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
of the Thesis: Peacekeeping Operations within the System of Collective Security The Thesis is developed on the basis of empirical-analytical approach is also used content analysis of documents and the comparative method. The Thesis is divided into three main parts. The first deals with the concept gradually collective security, the development of universal international organizations and is devoted to peacekeeping operations within the UN. I deal with here in particular the development of these missions from the beginning to the present. The first part is devoted to regional organizations and their contributions in the framework of collective security with regard to the guiding role of the UN. The intent of this section is to show the development of the concept of collective security and to highlight current issues related to security policy. The emphasis is on recent developments in the European area, especially on the development of common foreign and security policy. In the second part of the thesis I'm processing the case study, which concerns the conflict in Libya, which erupted in February 2011 and which created an interesting precedent. The third section describes the role of the Czech Republic in the system of collective security, legal and non-legal reasons for the deployment of Czech...
Right to fair trial: a comparison of selected arbitration and human rights case law
Hlaváčová, Anna ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The right to due process is an important part of both civil and arbitration proceedings. However, this basic right is protected in different ways and even the mechanisms for checking whether the process adhered to the due process rules are different. For standard civil proceedings in Europe, European Court for Human rights is the final body which decides whether the rules on due process were adhered to. Commercial arbitration does not have a mechanism for checking whether the proceedings were justly carried within itself, therefore it is checked within the enforcement proceedings which are in most states covered by the New York Convention. In investment arbitration, the adherence to due process will be analyzed within the annulment proceedings. The thesis "Right to Due Process: the comparison of arbitration and human rights case law" deals with the question whether the argumentation of the European Court of Human Rights in its rich case law can be used on arbitration cases where the accessibility of case law is problematic. First, the thesis looks at whether there is a standard of the protection of due process in arbitration and according to the European Court for Human Rights. This thesis further deals with the direct or indirect use of the European Charter on Human rights for arbitration. For the...
Torture prohibition in international law
Šupová, Tereza ; Honusková, Věra (advisor) ; Faix, Martin (referee)
Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times. All international instruments that contain the prohibiton of torture and ill- treatment recognize its absolute, non-derogable character. The purpose of my thesis is to analyse how views regarding torture have changed. I have focused on torture cases in last twenty years. Are people tortured more than in the past? In which countries is the situation worst? I specialised on european continent and on judgements of The European Court of Human Rights. I was trying to find out how many cases The European Court was dealing with and what treatment can be classified as torture or inhuman or degrading treatment or punishment. I have also asked the question if the understanding of what is torture has changed from the year 1991 until 2010. The thesis is composed of six chapters, first part is introduction, the second one mentions international and regional documents, in which prohibition of torture was recognized. The Third Chapter defines basic terminology used in the thesis....
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...
Preliminary measures applied by international courts and quasi-judicial bodies in human rights
Hodysová, Petra ; Faix, Martin (advisor) ; Honusková, Věra (referee)
Provisional measures indicated by international courts and quasi-judicial organs in human rights cases Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures are therefore useful tool how to prevent irreparable harm. The aim of my thesis is to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi-judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures and highlighting some specific types of provisional measures. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines International Court of Justice, which is not strictly speaking human rights adjudicator and is not allowing individual complaints, but...
Intervention to protect a country's own nationals from the perspective of international law
Filipková, Tereza ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The concern of this thesis is the intervention to protect nationals from the perspective of international law, which is part of a broader issue of the use of force in international relations. Although this type of intervention was already a part of the international community before the Napoleonic era - even in the 20th century it was not a minor feature - it is still controversial, and subject to many different interpretations. There are not only big differences between the opinions of particular states of the international system, but also among the international law scholars. The main goal of this Master's thesis is to answer the research question: Is the intervention to protect nationals legal according to the rules of international public law? Besides the Introduction and Conclusion this thesis is divided into four chapters. The first is devoted to the definition of the given phenomenon. It is an integral part of my thesis, because there is no legal definition of the term intervention to protect nationals or of the term intervention. The second chapter deals with the rules of use of force within international relations - above all with Article 2(4) of the UN Charter (which prohibits the use of force) and its exceptions. The interpretative controversies are also included in this chapter. The...
International nature of agreements concluded by international non-governmental organizations
Lehkoživová, Ivana ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The Nature of International Law in Agreements concluded by International Non-governmental Organisations The aim of this thesis is to examine the international nature of agreements concluded by international non-governmental organisations (hereinafter referred to as INGOs). Do INGOs enter into contracts ruled by public international law? As INGOs regularly participate in international conferences, this first research question implies others: What is the role of INGOs in international treaty - making? Are they or might they become parties to "traditional" international treaties? With regard to the method of work and sources, the study is an analysis based on various academic publications including books and articles and detailed research into particular agreements. The work is composed of four chapters. Chapter one is introductory and defines the term INGOs, provides short information on their history in international law and describes their current position in international law. Chapter two discusses the issue of subjects of international law with respect to INGOs. The possibility of INGOs being the subjects of international law is investigated. Chapter three concentrates on international treaty-making. This chapter is divided into five parts aimed at characterising this general topic in accordance...

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