National Repository of Grey Literature 89 records found  beginprevious44 - 53nextend  jump to record: Search took 0.00 seconds. 
Legality of the intervention during Libyan Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
LEGALITY OF THE INTERVENTION DURING LIBYAN CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the NATO intervention in Libya during Libyan civil war in 2011 was in accordance with the international law. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-5, describes self-defence and armed actions of the Security Council under the chap. VII of the UN Charter, which are legal and quite controversial concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 6, contains a case study whose object is the Libyan civil war in 2011 between col. Gaddafi's forces and the rebels supported by the NATO. The chapter 6 contains a detailed summary of various demonstrations, battles and campaigns, including the operation Unified Protector. The third part, chap. 7, is pointed on the question of legality of the NATO intervention. Albeit authorisation by the Resolution 1973, the legality of the intervention is questionable. The first air strikes, of 19 March, aimed on Libyan armed forces attacking Benghazi, can be classified as protection of civilians mentioned by the Resolution 1973. Following NATO air strikes supported the rebels in a...
International Legal Aspects of State Failure
Kostínek, Lukáš ; Faix, Martin (advisor) ; Honusková, Věra (referee)
International Legal Aspects of State Failure The phenomenon of failed states is one of the great issues in our contemporary world. International public law does not take it into consideration and still, it exists. Whether the phenomenon is designated as a collapse of a state, collapse of a state authority, state failure, or as a collapsed, failed, failing state or otherwise, there is nowadays much more attention attached to it from the ranks of statesmen and representatives of international organizations. That is why I chose to deal with this issue. The content of this work is structured from the most general topic regarding this issue, which means from general definition of the term, characteristics of a failed state as a phenomenon in expert, not only legal, discussion and it's difference from similiar phenomenons towards particular aspects arising from public international law and summarization of a situation in some of real failed or failing states. In second chapter, there is a general characterization of the phenomenon itself, mostly from the factual perspective with use of mostly international law and political science literature. There is also defined, which approach has been taken regarding the issue. In third chapter, the work is dedicated purely to international law aspects of state...
Sexual Exploitation and Abuse by UN Peacekeepers
Králik, Ján ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee) ; Faix, Martin (referee)
The thesis provides legal analysis of sexual exploitation and abuse by UN peacekeepers with particular focus on military members of national peacekeeping contingents. It provides brief survey of peacekeeping operations thereby underlying their importance in the contemporary activities of the UN and describing factors that have caused or might led to sexual exploitation and abuse by UN peacekeepers. Furthermore, UN action towards those acts is described and it is also evaluated whether such steps are successful, sufficient and whether more could have been done or what more can be done in the future. A part is also dedicated to international humanitarian law perspective and international human rights law. In this context, the author tries to answer the question if and when the sexual exploitation and abuse by members of national peacekeeping contingents while deployed to a UN peacekeeping mission may constitute war crimes or crimes against humanity and whether there is a role to play by International Criminal Court. In the same vein, issues of extraterritorial application of human rights treaties are discussed. The question of international responsibility is the central topic of this thesis. Apart from individual responsibility of members of national peacekeeping contingents for acts of sexual...
Protection of Cultural Heritage in International Criminal Law
Ryška, Ivan ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
and Key words Master's Thesis: Protection of Cultural Heritage in International Criminal Law Abstract The aim of this master's thesis is mostly showing progressive development in understanding of protection of cultural heritage in International Criminal Law. There is special focus on development in recent years which is illustrated by Al Mahdi case- destroying cultural heritage in Timbuktu before International Criminal Court. This thesis is subdivided into three parts. The firts part is of descriptive nature and its goal is definition of basic notions, specification of issue of protection of cultural heritage and its setting in International Law. It also covers role of international agreements and international organizations in this issue. Finally it examines how International Criminal Law deals with protection of cultural heritage as well. There is stress on explanation of progressive development in understanding of protection of cultural heritage and reasons that caused it. The second part of thesis is mostly focused on Al Mahdi case that was tried before International Criminal Court. First there is brief characteristic of situation in Mali during armed conflict and description of area that was damaged too. Then there is specification of objective elements of crime and description of approach of...
Territorial Asylum
Hueber, Radim ; Honusková, Věra (advisor) ; Faix, Martin (referee)
Territorial Asylum The aim of this thesis is to analyse the topic of territorial asylum as an ancient and withstanding institute of international law. The main research questions are as follows: What constitutes territorial asylum? Can it be considered a basic human right from the viewpoint of each individual? Does this right include asylum or only the opportunity to seek it? Does the state of origin have a right to respond in some way to the granting of asylum? Can it be considered an unfriendly act? This thesis is divided into six main chapters, each of which attempts to view this institute from a different perspective and answer the given questions. The first chapter separates asylum and refugee status, institutes that are often mistaken, and defines the fundamental differences between them. It also describes the historical development of asylum and the differentiation between religious, territorial, political and diplomatic asylum. The following chapter focuses on the definition of territorial asylum and how it is described by various law dictionaries. From these definitions, society's view on territorial asylum is conveyed. The third chapter examines the three parts of territorial asylum, which theoretically come into consideration under this institute. The three parts include: the right of the state...
Help Without Borders? Humanitarian Assistance under International Humanitarian Law
Ošťádalová, Šárka ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...
Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with physical or mental handicap
Pastorek, Štěpán ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with disabilities Absolute prohibition of torture and ill-treatment is clearly set in article 3 of the European Convention on Human Rights. When assessing particular obligations, which are arising out of it, we need to look deep into the European Court of Human Rights jurisprudence. The aim of this thesis is to analyse positive obligations of state arising from article 3 focusing on persons with disabilities. This is achieved also with the aid of various human right bodies such as UN Human Rights Committee, UN Committee on Torture or UN Committee on the Rights of Persons with Disabilities. Due to the fact that this area is not really covered yet, certain parts of this thesis are focused on defining important terms and putting them together. The approach is analytic with elements of comparison between the view of European Court of Human Rights and other relevant international human rights bodies. The thesis is composed of three main chapters. Chapter One is introductory and defines the main terms such as ill-treatment, torture, scope of the article 3 of the European Convention on Human Rights in connection with rights of persons with disabilities and the concept of positive obligations...
Option Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
Šmejkalová, Eleanor ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
RESUMÉ IN ENGLISH ENGLISH TITLE OF THE THESIS: OPTIONAL PROTOCOL TO THE CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN The thesis is concerned with the Optional Protocol to the Convention on Elimination of All Forms of Discrimination against Women (adopted in 1999 and entered into force on December 22nd, 2000). This international treaty offers women two significant mechanisms to protect their rights - the possibility to submit an individual communication to the Committee on Elimination of Discrimination against Women against a State Party to both the Convention and the Protocol and the competence of the Committee to carry out investigations into grave and systematic violations of rights set out in the Convention. The first chapter focuses on the context of and reasons for the adoption of the Protocol. Firstly, the CEDAW, its origins and implementation mechanisms are introduced. The need for an optional protocol clearly arose from the insufficiency of the protection mechanisms enshrined in CEDAW itself in the quest of protection of women in their everyday encounters with discrimination. The chapter describes the new implementation mechanisms introduced by the Protocol. Furthermore, the second and third chapters compare the protection mechanisms laid down in the Protocol and similar...
Development and the current status of legal regulation of mercenaries
Kučera, Jonáš ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
Development and the current status of legal regulation of mercenaries This thesis deals with the issue of mercenary warfare, evolution of the term mercenary, and the position of mercenaries within the internation law. It contains analysis of key international conventions, customary international law and analysis of selected cases. It reviews the evolution if the legislation until present time and provides possibilites for the future. Activites of private military companies and options for their regulation are covered in lesser extent.
International legal aspects of obtaining information by intelligence service
Hanžl, Pavel ; Honusková, Věra (advisor) ; Faix, Martin (referee)
This diploma thesis deals with intelligence gathering and its international law aspects. The main research question of this diploma thesis is as follows: is the intelligence gathering legal from the point of view of international law? In light of recent scandals and accusations of secret services of illegal espionage, it is very important to find an answer to this question. There are almost no relevant Czech academic sources about this issue and foreign sources are rather contradictory. Included in the main research question are number of additional issues, such as: are there differences in legality between intelligence gathering during peacetime or wartime? What are the international law sources regarding espionage? Is the work of secret services affected by international law? Is international law relevant to espionage? As part of the introduction the diploma thesis outlines various intelligence gathering methods and defines relevant terms. The diploma thesis also addresses the issue of compatibility of espionage with the international law principle of non-intervention and state sovereignty. Next, three current approaches to the question of legality of espionage are presented to the reader and one new approach is introduced. Furthermore, the international implications of the unlawful behavior of...

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