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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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Death penalty and the waiver of the right to life by committing an extremely serious crime
Neradová, Kateřina ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to define, what is the position of right to life in the system of protection of human rights and whether is the death penalty a justifiable institute in international human rights law. The thesis focuses on the death penalty and its history in connection with the right to life as an inherent human right. It explores the conventions, protocols and resolutions that are related to the matter. The thesis is divided into seven chapters, whereas first of them is introduction, where the author asks questions about vindicability of the capital punishment. That is followed by a brief history of the death penalty and explanation of the purpose of the punishment. Following chapter looks into a view of international society on the death penalty, summing up views of international governmental organizations, as well as non- governmental. Fundamental part of the thesis is a chapter disserting on the right to life, its history, where we can find right to life in international law, interpretation of right to life and case law. Last chapter deals with an issue of a crime as an act of forfeiting the right to life. The analysis consists of criticizing the conclusions made in the course of the thesis and propositions of further possibilities.
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Deployment of armed forces of foreign states in the territory of the Czech Republic
Hauserová, Michaela ; Ondřej, Jan (advisor) ; Beránek, Milan (referee)
The aim of this study is to serve as an introduction to the legal issues dealing with the presence of foreign states' armed forces in the territory of the Czech Republic and in any other receiving states' territory. Czech Republic has ultimate sovereignty under international law. It has supreme independent authority over her geographic area and is only restricted by the sovereignty of other states, international law itself and by freely accepted commitments. Chapter One is introductory and defines how as a consequence of its status as a sovereign state, Czech Republic joins international and supranational organisations and is part of many bilateral and multilateral security agreements. Such acts of its free will serve as a complex system of security measures that every state needs to undertake in order to secure its geographic area and its population. National security and safety is linked to international peace and security. One without the other cannot exist. Due to rapid developments and globalised world, the threats to states' security has changed. Nowadays, states need to face not only military threats, but non-military threats as well, such as economical, environmental, social or political challenges. States use multiple instruments for the purpose of overcoming these threats. One of the...
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Peace operations within the context of the collective security system
Antoň, Stanislav ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
1 Peacekeeping Operations within the System of Collective Security Summary The purpose of this thesis is to provide the reader not only with the basic overview of the formation of the peacekeeping missions and evolution of these missions to present form, but also to introduce him direction of present globalized (or globalizing) world in relation with the future development of international organizations and relations of its member states. The reason of my interest in this topic is my interest in history and what does existence of these organizations mean for our future. Are we stronger because of them or do they lead to more problems than they solve? This thesis is composed from chapters focused on history and organizational structure of international organizations, present state of peacekeeping operations, case studies of chosen peacekeeping operations, Czech Republic's involvement in the international structures and final chapter inspired by the Brahimi report which is focused on technological progress and its effect on present and future of peacekeeping operations and other conflicts. International organizations are global or regional, are distinguished by their focus and reason of their existence. Ideas, on which they are based, often have to give in to new realities of the world. It is not possible to...
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Cross-border aspects of torts in cyberspace
Kučera, Zdeněk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
Cyberspace today represents an essential part of society. Its existence has launched a new phenomenon - "virtual reality" - in which similar interactions as in the real world occur. Since the effects of these virtual interactions affect all areas of human existence, as well as relationships in the real world, they must be subject to legal regulation. To be part of cyberspace, especially its most important part - the Internet, means the option to enter into legal relationships with entities regardless of their territorial restrictions. Therefore, these issues must be subject to special attention. In legal science, solutions of such cases fall under specific areas such as in matters relating to civil law into private international law. This dissertation thesis focuses primarily on exploring institutes of private international law within the virtual environment, particularly issues of jurisdiction and law applicable to torts that arise in cyberspace. The goal of this work is to answer the question of whether current standards of private international law are applicable in cyberspace - and what problems may arise in their practical applications. Emphasis is given to the standards applicable in the Czech Republic.
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Dispute Resolution in the International Sports Law
Vybíral, Petr ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
The subject of this dissertation thesis is dispute resolution in the international sports law. A crucial is to focus primarily on resolution of disputes through international arbitration and its preceding internal dispute resolution mechanisms within sports organizations. First of all it is necessary to provide a definition of sports disputes with an international element. After that it is necessary to deal with internal mechanisms for resolving sports disputes, which are closely linked to the issue of law on associations. With regard to the location of the seat of most major international sports organizations in Switzerland and with regard to the country of origin of this dissertation thesis the subject matter is viewed especially through the lens of the Swiss and the Czech law. Crucial role in resolving of disputes in international sport plays a Swiss Court of Arbitration for Sport in Lausanne, which corresponds to an extent of this part of thesis. Finally, it also should not be omitted judicial and alternative resolution of disputes in sport, although in practice it does not reach significance of internal and arbitrational resolution of disputes. To enliven the thesis, the final chapter is devoted to resolving of disputes during the last two Olympics.
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Prohibited means and manners of conducting armed conflicts
Stoklasová, Barbora ; Ondřej, Jan (advisor) ; Hýbnerová, Stanislava (referee)
The goal of this diploma thesis is to present an overview of the most used chemical and biological weapons, as well as to explain their development, the links between them and their existence through the viewpoint of then contemporary sources, written or otherwise, as well as the current state of law in term of its effectivity and actual practice. The primary focus of this thesis is international law. National law is touched upon only sporadically. The first section of the thesis deals with the definition of used nomenclature, specifically the terms weapons of mass destruction, chemical and biological weapons, international law, law of armed conflicts, customary law, international treaties, forbidden means and methods of warfare. A look at the earliest history of chemical and biological weapons follows, including a brief assessment of the lack of legal regulation. The purpose of this chapter is to outline the very beginnings of this subject matter and to serve as a basis for the following chapters. The diploma thesis continues with a treatise on the birth of modern chemical and biological weapons, caused primarily by the chemo-biological revolution of the late 19th , early 20th century, while also listing the most important attempts to codify this area (e.g. the Lieber code, the Brussels Declaration, the...
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Disarmament: the development of bilateral treaties between the USA and Russia
Svoboda, Lukáš ; Ondřej, Jan (advisor) ; Hýbnerová, Stanislava (referee)
The goal of this thesis was to map historical progress of disarmament agreements between Russian Federation and The United States of America from the end of the World War II, through the Cold War and ending in the present, formulated by the latest agreement NEW START made in 2010. This period of time includes rounds of negotiations about SALT, SALT II, INF agreement, through START I, START II, which never came in effect, ending with NEW START. Thesis is analyzing agreements not only via itself agreement's lines or proposals but also with their negotiations that led to formation of the agreements including brief historical background in which they were formatted. Rather bigger attention in this thesis is dedicated to the NEW START agreement which gained experience from past agreements. Thesis is divided into 5 chapters where the first chapter is dealing with theoretical delimits of terms which are necessary for sufficient understanding of the textual mater of these agreements. Other chapters are designed so that after every short introduction of the historical background is following analysis of the agreements or their particular links and their comparison with the previous agreements. Last chapter is focused on the issues about controlling the fulfillments of the agreements under the agreements...
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Prohibition on discrimination in international law of protection of human rights
Kubinská, Dagmara ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
(Prohibition on discrimination in international law of protection of human rights) The purpose of this thesis is definition of concept of human rights, equality and discrimination, explanation of principle of equal treatment and their reflection in present time. From general definitions, I gradually step towards the aplication of these terms in international law, legislation on regional level within Europe and at the end, implementation of principle of equal rights and prohibition on discrimination in law of Slovak Republic. The most extensive part is dedicated to issues of antidiscrimination from the perspective of the United Nations and pose its basic instruments that are used for promoting equality and fight against discrimination. The UN, within its activity, adopted a large number of international conventions explicitly focused on this issues since it was established. These documents became a pattern for additional conventions addopted within regional or internal law. Significant role in the field of fight against discrimination within the european region plays the Council of Europe. Convention on human rights and fundamental freedoms as a result of activity of this organisation is considered for basic pillar of protection against discrimination among european legal stanards. Compliance of the...
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Circumstances excluding liability in international criminal law
Hodysová, Eliška ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
Grounds for Excluding Criminal Responsibility in International Criminal Law This thesis aims on currently two most discussed grounds for excluding criminal responsibility (defenses) in international criminal law: defense of duress and defense of superior order. First of them emerges from a situation in which a perpetrator is forced by threat to commit a crime under international law. The second one addresses a question whether a person should be re- sponsible for a crime committed pursuant to an order of a Government or of a superior. Regarding the structure of the army, it is not surprising that there these two defenses occur together in many cases and that they arise from the very same situation. However, they should not be mistaken one for another. The aim of this thesis is to analyze the most significant case law on the topic and to research what was the background for the formulation of the articles on defense of duress and superior order in the Rome Statute of ICC. The paper also examines the deficiencies of the regulation of duress and superior order in the Rome Statute and their possible improvement. The thesis is composed of 5 chapters. The first chapter is introductory and describes used meth- odology of the paper and its structure. Chapter number two deals with grounds for excluding...
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