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The legal regime of the Arctic (international legal aspects of the Arctic Ocean), compared to the legal regime of Antarctica
Huk Kloučková, Eliška ; Ondřej, Jan (advisor) ; Šturma, Pavel (referee)
The main objective of this thesis is to analyse the legal regimes of the Arctic and Antarctica and to compare them. The research question is whether and in what specific ways the legal regimes of these polar regions differ. The thesis mainly uses the descriptive method, which describes the basic background and the applicable legal framework, and then the comparative method when comparing the two regimes. In addition to the introduction and conclusion, the thesis is divided into a total of seven chapters. The thesis thus first defines the Arctic and Antarctic, introduces their history and outlines their geopolitical significance. The main parts of the thesis are devoted to the legal regime. In the case of the Arctic, which is mainly a frozen sea around the North Pole, the law of the sea relevant to this territory is discussed. Attention is given to the 1982 UN Convention on the Law of the Sea and its application to the Arctic Ocean. The thesis also describes the pending disputes in this area and the challenges that this legal regime poses not only for Arctic states. In the case of Antarctica, which is a continent, the complex treaty regime that was treaty-anchored in 1954 is discussed. Attention is also paid to the European Union's interest in these areas, as well as the Czech Republic's...
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Legal regime of mining in space
Synková, Andrea ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
Due to the growing interest of states and private companies in space natural resources, the topis of the legal regime of mining in space is very actual. The purpose of this thesis is to formulate aspects of the legal framework of mining in outer space, which has not yet been created, but its foundations and key princpiples can be deducted from current international treaties and international customs. Currently, there is no consensus on whether commercial mining should even be permissible and whether the ownership of space natural resources is in accordance with international law. For this reason, this thesis presents some views of states, supranational bodies and experts in order to present the arguments of supporters and opponents of commercial mining in space. The contours of the space mining legal regime are also outlined by international expert group initiatives as well as some soft law, while this thesis briefly presents the content of the most iportant of these - the Artemis Accords and Building Blocks. This thesis further attempts to formulate the current interpretation issues of the Outer Space Treaty and offers different point of view on the solution of these issues. This thesis further analyzes the current national legislation on the acquisition and ownership of natural space resources,...
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The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine
Vetýšková, Eliška ; Ondřej, Jan (advisor) ; Tymofeyeva, Alla (referee)
1 The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine Abstract This thesis aims to examine the legality of the threat or use of nuclear weapons by applying sources of the international public law. This is achieved by means of using analytical and comparative methods. The key sources analysed in this thesis are general principles related to the law of international security, permissible use of force (ius ad bellum), and the principle of the law of armed conflicts (ius in bello). The main document opining on the legality of nuclear weapons is the "Advisory Opinion of the ICJ on the Legality of the Use of Nuclear Weapons". The legality of the threat or use of nuclear weapons is inextricably linked to the general prohibition of the use or threat of force against the territorial integrity and/or political independence of states, established in the UN Charter. Taking the UN Charter into consideration, the use and even the threat of use of nuclear weapons may potentially be considered as a violation of the public international law. From the in ius ad bellum perspective, there is no common rule that prohibits the use of nuclear weapons. The possibility of any such rule being established is directly eliminated by the principle of nuclear deterrence. From the ius in...
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The European Union as an Actor of International Space Law
Hajdúk, Roman ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
This thesis aims to provide a comprehensive outlook on the EU's position in the system of international space law. It delves into the structure, legal regulations, nature, and individual components of the EU's space programme. Furthermore, it examines the space dimension in relations between the EU and the UN, and the EU's position on the selected UN space treaties. Additionally, the thesis discusses the cooperation between the EU and ESA, and the nuances of their relations. The first chapter provides a historical overview of the EU's involvement in space and explores the nature and limitations of the EU's space competence within the framework of EU law. In the second chapter, the EU's present space activities are analysed, focusing on the recent legal regulations governing the EU's space programme. This chapter also assesses the objectives, structure, and governance of the EU's space activities and explores the individual components of the EU's space programme and their character. The third chapter examines the EU's stance on the Outer Space Treaty, the Liability Convention, and the Registration Convention. It discusses their impact on the EU's space legislation, as well as the issues connected with the registration and liability for the EU space objects. The chapter also briefly discusses the...
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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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Autonomous weapon systems and international humanitarian law
Halajová, Ludmila ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee) ; Ditrichová, Petra (referee)
Autonomous weapon systems and international humanitarian law Abstract There is practically no branch of international law that has been left unaffected by significant advances in modern technology in recent years. In the context of armed conflict, these advances could have far-reaching consequences for the application of not only established rules of international humanitarian law, but also of the rules of international criminal law or the rules governing international responsibility. Many States are currently devoting their attention as well as resources to the development of highly sophisticated weapon systems with autonomous functions, the control of which is being increasingly transferred from human operators to computer systems. These Autonomous Weapon Systems (AWS) have the potential to affect profoundly the nature of future armed conflicts. Although these systems are no longer a novelty at the international scene, they continue to cause tensions and provoke divisive reactions amongst the international community. This dissertation aspires to provide a comprehensive insight into the development and use of AWS in the context of armed conflict. The dissertation has six parts. The first part clarifies the basic terminology relating to AWS and explains how autonomy in the context of a weapon system...
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Contemporary European regional organizations and their tools for conflict prevention and conflict resolution
Ruffer-Lustigová, Petra ; Ondřej, Jan (advisor) ; Šturma, Pavel (referee) ; Karásek, Tomáš (referee)
This study seeks to explore the phenomenon of different approaches European security organizations (EU, NATO and OSCE) apply in conflict prevention and conflict management, as well as the tools they use in the framework of security governance. The purpose of exploring this issue is to understand why states tend to collaborate through international organizations, what is the role of a hegemon, in what way organizations execute delegated powers, whether the institutional design of international organizations can influence its effectivity, and last but not least, how important are shared values in the process of regional cooperation. Qualitative approach aiming at understanding the causes and their interpretation was picked out to draw relevant conclusions to be later compared with theoretical approaches of constructivism, institutionalism the hegemonic stability theory. A case study approach is used at the methodological level to explore the influence hegemon has (or precisely two hegemons) over the functions of OSCE; the role of shared values in promoting a zone of peace and stability beyond the region borders (European Neighbourhood Policy); or the ability of international institutions to independently act on behalf of member states in line with (or even against) their interests. The last subject...
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Legal regime of arms control in relation to outer space
Kravciv, Miloš ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
1 Legal regime of arms control in relation to outer space Abstract The use of outer space began more than 60 years ago, and humanity is increasingly dependent on space infrastructure. The number of participants and space objects in outer space is constantly increasing. However, since the beginning space exploration has been connected to military activities in outer space. Paradoxically, it has helped economic development and keeping of international peace and stability in many ways. Nevertheless, some military activities, in particular the development and testing of anti-satellite systems and possible placement of weapons in outer space itself, are potentially destabilizing and threatening even the very existence of space infrastructure. Space law, as a separate branch of the international law, has been evolving in particular since the 1950s. Among other things, legal norms governing armaments in relation to outer space have been adopted in this field. This work provides a basic overview of the development of space law as such and deals in more detail with individual concepts and specific provisions related to the regulation of armaments in outer space, including the so-called soft law, i.e. non-binding norms. The fundamental question is whether the existing space law, including possible international...
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Conflict in Syria - Reasons and legality of the participation of selected entities
Tříska, Jakub ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Conflict in Syria - Reasons and legality of the participation of selected entities Abstract The aim of this diploma thesis is to provide some insight into the legality of the participation of selected entities in the syrian conflict. In this thesis legality is examined from two perspectives. The first is a historical perspective, which is represented by the Just war theory, which gives the most comprehensive overview of the use of force in the pre-war period. The second, more modern view of the issue is from the perspective of contemporary international law, represented primarily by the UN Charter. The thesis itself is divided into three parts. The first part explains the issue of the use of force in international law, which is divided into historical section, that provides a basic overview of the Just war theory, focusing on 6 criteria of Ius ad bellum - Just cause, Right authority, Right intention, Proportionality, Reasonable hope and Last resort, where the individual criteria are explained and placed in the context of modern law, and a contemporary section, which provides an overview of the use of force in current international law, focusing on Articles 2 and 51 of the Charter. The second part outlines the issue of conflicts from the perspective of international law with a focus on the division of...
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Legal regulation of the status of private persons in space law
Zíka, Tadeáš ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Legal regulation of the status of private persons in space law Abstract This thesis deals with the issue of regulation of rights and obligations of private persons in space law. It aims to determine to what extent public space international law addresses private persons, what obligations international treaties impose on private persons and how states adapt them into their national legal systems. The first chapter of the thesis presents the historical background against which space law has developed and which has had a significant impact on its current form. Subsequently, space law is defined, placed in the context of public international law and compared with the most similar legal regimes - the law of the sea, the law of the airspace and the Antarctic treaty system. The second chapter focuses on introducing the various space treaties that form the core of international space law. These treaties are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention and the Moon Agreement. In addition to a general introduction, the thesis focuses in particular on those provisions from which implications for the activities of private parties can be inferred. The chapter also introduces key international governmental and non-governmental organizations active in the field of...
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