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Patterns of democracy and human rights - An analysis of the relationship between changes in democracy and human rights at the European Court of Human Rights
D'Andrea, Giada ; Lipovský, Milan (advisor) ; Plechanovová, Běla (referee)
Since the very beginning, the European Court of Human Rights has suffered from a systemic issue: case overload. And despite the continuous reforms of the Convention system, a final solution seems still quite far from being achieved. Despite the focus of researchers and practitioners on this topic, few have investigated the relationship between the internal mechanisms of the states and their consequences on the backlog of the Court. This thesis offers insights over the relationship between the democratic status of a country and the proceedings before the European Court of Human Rights. It analyses the development of the Court from 1959 until 2021, finding that the reforms put in place by the Court along the years seem to have sorted only a minor effect in reducing the backlog of applications. Second, the panel study between 2000 and 2021 revealed that the democratic status of a country has a significant and negative relationship with the number of applications per capita filed to the Court. Lastly, the qualitative study shows the lack of a clear pattern among the democratic score of a country and the type of violations committed. However, through this last method a new pattern appears. There seems to be a negative relationship between the democratic score of a country and the share of violations...
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Definition of Genocide in Modern Times
Alikalfic, Iskra ; Lipovský, Milan (advisor) ; Blažková, Adéla (referee)
Genocide is a crime unlike others and with the help of the 1948 Genocide Convention and its definition, it has received acknowledgement as its own crime in international law. The thesis takes us through Article II of the Genocide Convention analyzing the different elements that make up the definition. The aim of the thesis was to analyze the sustainability and applicability of the definition with the usage of various cases, further examining if the definition is suitable for modern times international law and politics. Accordingly, various relevant international relations concepts were discussed such as, globalization and its backlash and well as power politics. The topic is extremely relevant and crucial in our world today because there are various cases which are not acknowledged under the Genocide Convention due to the restrictions of the genocide definition. Among those are cases concerning groups that are subject to large hate and discrimination, and are not protected under the definition but satisfy all other elements of the crime. Through the discussion of the definition's elements, various cases from the ICTY, ICTR, and the ICJ were pulled in order to showcase the concluding arguments. Amongst those cases was The Prosecutor v. Akayesu, The Prosecutor v. Mladić as well as the Application of...
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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...
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The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip
Vavrečková, Pavla ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip Abstract In this thesis the main implications of the changed nature of armed conflicts on the principle of distinction are being discussed. The thesis opens with a look into the changed nature of armed conflicts and the implications of thereof. Further it concentrates on the parties involved in asymmetrical conflicts. With the raise of asymmetrical conflicts and appearance of terrorist groups as significant non-state actors, a discussion about the status of their members needed to be opened and - possibly - their rights and obligations reassessed. Regardless of their asymmetrical nature, these conflicts are still to be governed by international law treaties that have been adopted in a time, where more classical state vs. state wars were the norm. The effective international law therefore does not sufficiently reflect the nature of today's conflicts. On this account, the principle of distinction is being closely explored in this thesis in order to provide an understanding, whether it is indeed able to encompass the nature of terrorists. The thesis discusses that the distinction under the effective LoAC is vastly black and white and assessing a situation basely on the provided...
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Legitimacy of mass surveillance and data collection in international law
Teššer, Marek ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
AJ Over the past decade, digital technology has undergone unprecedented development. The Internet, which originally served as a mean of communication among academics, has become the main communication mechanism used throughout the world. The way people can communicate with each other is much easier now. As a result, the attention of governments and secret agencies has also been focused on cyberspace, with the aim of controlling it as much as possible. Following the Snowden revelations in 2013, the debate on the international scene regarding the feasibility of mass surveillance as a tool in the fight against terrorism began. Since the events of September 11, the powers of the secret services in the field of communication of persons have been extended. This practice has brought up some interesting and unresolved issues. Are such activities permissible at all? If so, under what conditions? This diploma thesis analyzes the legitimacy of massive electronic surveillance and data collection in international law in the context of the protection of human rights, especially the right to privacy. It focuses on electronic surveillance conducted by the American National Security Agency (NSA) and the British Government Communications Headquarters (GCHQ). Since these are foreign monitoring programs, the work...
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Chinese green concern: analysis of environmental provisions in investment treaties
Řehořová, Lenka ; Lipovský, Milan (referee)
The purpose of this thesis is to offer a complex analysis of newly rising concept of the environmental provisions, with a particular emphasis on China and its deteriorating state of environment. The thesis is composed of eight chapters. The first chapter deals with the core problem of the environmental provisions, that is the colliding nature of the efforts to implement the environmental regulation in the international investment law. The following two chapters address the legal framework of the environmental provisions and the main actors in the field. Chapter four is concerned with the analysis of the material and formal sources of Chinese domestic environmental and investment law, which has been amended recently in reaction to the dramatically deteriorating environment in the country and which prompted the proliferation and greenization of the Chinese bilateral investment treaties. Chapter five proceeds with the analysis of the environmental provisions, their genesis, terminological delimitation and introduction of their typologies. The sixth chapter is dedicated to the analysis of the approach of China towards environmentally responsible investing. Chapter seven proceeds with detailed explanation of the particular types of the environmental provisions, which have been incorporated into the...
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International legal aspects of civil aviation security
Havlíková, Kateřina ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
International legal aspects of civil aviation security Summary The main focus of this thesis is to analyze the existing legal instruments that the international community has at its disposal in order to secure safe international air transport and its protection from unlawful acts. As the current level of global security tightens, the topic of civil aviation security can be perceived as especially topical. Seen from the perspective of a perpetrator, air transport, including each element of its infrastructure, represents a valuable target. This thesis analyses the legal instruments and evaluates the importance of the legislative functions of the International Civil Aviation Organization ICAO within the framework of the proclaimed risk based approached. The risk-based approach should gradually prevail over the traditional reactive approach firmly established in the existing multilateral treaties dealing with civil aviation security. This thesis is divided into 7 parts. The first of which outlines the genesis of unlawful acts in civil aviation and takes into account the importance of those events for legislative development in the area of air security. Part two deals with selected modern trends in civil aviation security shaping the existing legal regime. Threats of terrorism and cyberterrorism as a present day...
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The Outer Space Treaty in the Context of 21st Century
Žaludová, Zuzana ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
THE OUTER SPACE TREATY IN THE CONTEXT OF 21ST CENTURY ABSTRACT The Outer Space Treaty is the fundamental legal document of space law and this year it celebrates 50 years since its adoption. Questions are being raised among the international community about the relevance of the Treaty in the context of 21st century mostly given the completely different conditions at the time of its adoption and at present. Reasons for such a debate is the current development in the field of space and technology, which is not covered by the Outer Space Treaty or any other relevant binding convention. New possibilities to explore space are emerging, especially among the private actors and activities vary given its nature, from commercial to military. And within the 50 years these new options also slowly contribute to serious environmental problems, which were not of such importance and priority as they are now. Besides these issues, the space law is characterized by its high fragmentation and no common standard for national legislation in this field. Given these challenges the scholars and specialist agree, that the contemporary legislation does not provide a necessary framework to ensure the peaceful use of space and its future safety. The question is, what future will have the Outer Space Treaty in context of the...
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Legal aspects of weapons of mass destruction
Stoklasová, Barbora ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
LEGAL ASPECTS OF WEAPONS OF MASS DESTRUCTION, ABSTRAKT V ANGLICKÉM JAZYCE The aim of this rigorosum thesis is to create an overview of weapons of mass destruction (including their development and history, combat deployment and their subsequent effect on the international community), to evaluate their status and combat deployment on the basis of custom or international agreements and to further critically evaluate the newest regulation of weapons of mass destruction (i.e. development from the latter half of the 20thcentury), its effectiveness as well as possibilities of further development. In general terms, this thesis deals with international law, only briefly touching legislation on the national level. The first chapter consists of a brief introduction. The second chapter includes a list of basic terminology, e.g. definitions for weapons of mass destruction, biological, chemical and nuclear weapons, international law, law of war, law of customs, international agreements, forbidden means of combat and prohibited ways of conducting armed conflicts. The third chapter deals with the development of chemical weapons from their early history all the way to current regulation. The fourth chapter contains information on chemical weapons beginning with their first development and their original ("absent")...
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