|
|
The Functions of Diplomatic and Consular Missions
Petrášek, Zdeněk ; Balaš, Vladimír (advisor) ; Honusková, Věra (referee)
Předmětem této práce jsou funkce diplomatických a je členěna do pěti kapitol, ve kterých Druhá kapitola je zaměřena kodifikaci po 2. světové válce. především Vídeňskou úmluvou o diplomatických 1961, Vídeňskou úmluvou o konzulárních stycích z Úmluvou o zvláštních misích z Návrhy těchto úmluv připraveny a jejíž Třetí kapitola věnuje diplomatické popisováno zřízení diplomatické mise a její struktura. Největší částí této práce představuje podrobné , které jsou členěny dle Vídeňské i věcným místními, časovými, osobními i mimoprávními omezeními je zde řešena otázka výkonu Čtvrtá kapitola je zaměřena na konzulární úřad zřízení a strukturu. Nicméně hlavní důraz je , které jsou členěny dle Vídeňské úmluvy o konzulárních stycích části týkající se je uváděna judikatura diplomatických úkonů konzulárními úředníky. věnuje obecně požadavkům úředníky, protože jejich prostřednictvím jsou tyto funkce vykonávány. Z důvodu e také uváděna
|
|
|
Legal aspects of the relationship between development projects and environmental migration
Hájková, Martina ; Honusková, Věra (advisor) ; Žákovská, Karolina (referee)
This master thesis is focused on international-legal analysis of the relationship between development projects and environmental migration. The relationship between development projects and environmental migration is from the point of view of the international law almost unexamined and unregulated area, so this is the reason why I chose this theme as the topic of my research. The aim of this thesis is to analyse this relationship in respect to the international law and to search for an appropriate international legal instrument to regulate this relationship. The outputs are the answers to the following research questions: What is development project and what is environmental migration? What are the legal aspects of the relationship between development projects and environmental migration? Is it possible to treat this relationship in international law? Why is this area neglected by international law? Would not it be better to create a separate international legal framework for resettlement caused by development projects? The diploma thesis is composed of four main chapters, under which I am progressively trying to find answers to the above mentioned research questions. The first chapter is devoted to the development project and to determination of its definition, including its terminological...
|
|
|
Ban on racial discrimination in international law and its application in the legal order of the Czech Republic
Pačesová, Martina ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
This thesis deals with the ban on racial discrimination and protection against it in international law and its application in the legal order of the Czech Republic. The aim of this study was to examine the provisions prohibiting racial discrimination and mechanisms of protection against racial discrimination established by various conventions on the international and European level and the status of implementation of these commitments in the legal order of the Czech Republic and their implementation. The work is divided into six chapters; the issue itself is divided into four. In the second chapter thesis provides a definition of basic terms such as equality and its subdivisions, equal treatment, discrimination, its forms and discriminatory law and how the very nature of this work is apparent as well as the terms of race, racial discrimination, racial segregation and violence. In third and fourth part are introduced systems of protection against racial discrimination in the United Nations, the Council of Europe and the European Union. The fifth chapter is concerned with Czech legislation, the process of application of the ban on racial discrimination into the Czech legal order, on the constitutional level as well as on the level of laws, which also outlines the procedural particularities of the...
|
|
|
International law aspects of violence against women
Minaříková, Martina ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- RESUMÉ Mezinárodněprávní aspekty násilí na ženách The international legal aspects of the violence against women The main purpose of my thesis is to describe basic legal instruments which regulates area of violence against women and analyse a development of a legal regulation adopted by regions and whole international community. Minor purpose of this thesis is to evaluate possible connection between violence against women and religion. Violence against women is still everyday problem in each part of the world. The thesis is composed of six principal chapters. Chapter one describes basic forms of violence against women which are determined by Declaration on the Elimination of Violence against Women, since 1993. The Declaration defines Violence against Women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, includin threats of such acts, cercion or arbitrary deprivation of liberty, whether occuring in public or in private life." Chapter two presents several areas which are specific for the violence against women and also demonstrates basic legislations adopted in each area. These areas are international humanitarian law, which includes Geneva Conventions and general section of human rights including women...
|
|
|
An Analysis of the Legal Protection of the Disappearing Island States Population
Dvořáková, Danijela ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
An Analysis of the Legal Protection of the Disappearing Island States Population Rising ocean levels, which occur as a result of global warming, currently pose a threat to low-lying island states. The so-called "disappearing island states". This thesis deals with the legal protection of the disappearing island states population. The main objective is to provide a basic overview of protective instruments for this scenario, and assess their potential application. This text is divided into three parts. The first chapter deals with the concept of disappearing island nations, the reasons behind their disappearance and some of the consequences. Of particular importance is the subchapter, discussing the dissolution of the state in general. Even though in theory a state's dissolution due to climate change effects is viable, in practice this event has never occurred before. Therefore, international law does not offer a clear answer to the legal personality of the state that has been affected by climate change-induced sea level rise. This question needs to be answered in order to define the status of the population, and to define the tools that can be used to ensure its protection. The second chapter discusses the options a state has for the protection of its population through legal and non-legal means. The...
|
|
|
Approach of African states towards International Criminal Court
Egnerová, Klára ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Approach of African states towards International Criminal Court This diploma thesis aims to depict in the most exhaustive manner the approach of the African states towards the institution of the International Criminal Court (hereinafter as "the Court"). To offer a better understanding of this complicated bond, in the first chapter, I intend to describe the basic characteristics of the Court - the process of its creation along with all the necessary historical background of such efforts, its purpose or mission, financing, the composition and administration of the Court as well as detailed analysis of the proceedings before the Court and its decision making. The second chapter deals with brief introduction to other international criminal tribunals with jurisdiction in Africa and remarks on African Union, the most recognized international integration on the African continent. Third chapter starts to explain the nature and development of the approach of the African states towards the Court which is marked mainly by the initial support to the idea of its creation and followed by a slow aggravation of the stance and loss of most of the support and co-operation primarily due to alleged narrow focus of the prosecution almost exclusively towards African nationals. There were certain attempts to reestablish...
|
|
|
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...
|
|
|
Slavery and its modern aspects
Kokešová, Lucie ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
1 Abstract Slavery and its modern aspects This diploma thesis deals with the current and controversial topic. Aim of this thesis is to put attention to the speeches, forms and incredible frequency of modern slavery - phenomenon that would be at first glance wrongly seen as just historical issue. First chapter of the thesis speaks about historical excursion of slavery. Because of the limited scope is history focused on the main areas of ancient Greece and Rome, the area of the American continent with its huge business of African slaves, the period of Second World War and finally on the brief history at Czech territory. After the historical chapter is focus stressed on theoretical presentation of the problem - the nature of this phenomenon. Slavery is especially considered as part of International Guardianship of Human Rights. Theoretical part is followed by examples of most frequent real forms of modern slavery. These forms include sexual slavery and human trafficking, forced labor, forced marriage and child slavery as probably the most serious form of modern slavery. Chapter about international regulation of slavery is divided into few parts. After a brief history of the international perception of the slavery is attention paid to the general international law, then the law concerning the protection of...
|
|
|
Duress as Ground for Excluding Criminal Responsibility in International Criminal Law
Hladíková, Eva ; Bílková, Veronika (referee) ; Honusková, Věra (referee)
This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...
|
|
|
Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
|
guest ::
