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Right to a favourable environment within the regional human rights systems
Lipowský, Petr ; Stejskal, Vojtěch (referee) ; Sobotka, Michal (referee)
The aim of the diploma thesis is the analysis of the right to a favourable environment, or to the protection of the certain quality of the environment with a focus on the regional human rights systems. This diploma thesis is divided into three chapters. The first chapter outlines the evolution of human rights at the universal level and certain related problems that accompany this evolution. The second chapter is concerned with the overview of the human-rights based approaches to the protection of the envrionment which include inter alia the effort for the recognition of the separate right to a favourable environment. The third chapter examines the evolution of the right to a favourable environment, or to the protection of the certain quality of the environment within the regional human rights systems so it concentrates on the control mechanisms of the relevant regional systems and their activity in the area of the protection of the environment. The conclusion deals with the evaluation of the evolution of the right to a favourable environment within the international law, focuses on the comparison and assessment of the common and different features of the regional human rights systems and indicates the future trend.
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Legal aspects of protection against radon
Fojtíková, Olga ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
The aim of this diploma thesis is to present legal instruments used by the state to protect citizens from indoor radon and its decay products, to assess their effectiveness and to indicate possible pitfalls in their application. The paper first describes the radon issue from the perspective of natural sciences, introduces the unique Czech approach - the Radon Program, and describes handling of the issue by the state administration. The main emphasis is put on the development of related legislation, especially in the field of atomic and building law, where the state's approach to guidance levels is critically evaluated and where some recommendations for building management are mentioned. The legislation is also closely associated with the provision of state subsidies for anti-radon measures. Current developments are evaluated and options potentially leading to an improved effectiveness of this instrument are outlined. From a practical point of view, the paper is complemented by a case report based on private law and the related protection by civil law instrument.
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Conflict of environmental protection with the right to inviolability of the home
Chobotová, Tereza ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The protection of fundamental rights and freedoms is the basic element of every modern democratic society. These rights are regulated in many international treaties and at the same time the states set them out in their constitutions. The Czech Republic is no exception. In the application of fundamental rights conflicts occur from time to time, and one of the rights must retreat to another. This thesis deals with the collision of the right to favourable environment and the right to inviolability of the home. The main theme is the new regulation of the Act no. 201/2012 Coll. on Air Protection, which from January 1st , 2017 allows the direct control of the combustion stationary air pollution sources and fuels in the households.
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Legal responsibility for marine pollution
Pekařová, Markéta ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the problem of oil pollution of the marine environment caused by vessels. At the beginning of the thesis, the most important international agreements dealing with the protection of the marine environment and conventions regulating the cooperation of states in the elimination of the consequences of oil pollution are introduced. The thesis focuses mainly on the international conventions governing liability of an individual entity due to oil pollution of the oceans, but also briefly deals with the question of the state liability. The work analyses relevant US legislation, and compares this with an examination into the stance of the European Union and the Czech Republic with regards to this problem. In conclusion, some provisions of the international conventions are subjected to criticism and possible changes to the legislation are proposed.
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Czech nuclear law
Staněk, Ondřej ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Czech nuclear law. The purpose of the nuclear law is to regulate the conditions of use of nuclear energy and ionizing radiation in order to ensure protection of people and environment from the adverse effects of ionizing radiation. Because of highly technical nature of nuclear law, the first chapter is devoted to possibilities of use of ionizing radiation, and to outline few of relevant technical terms. The second chapter of this thesis deals with international cooperation in the area of use of nuclear energy and ionizing radiation. The third and fourth chapters are devoted to Czech nuclear law with main focus on environmental aspects. While the third chapter defines the principles and tools of environmental protection in the field of nuclear law and introduces the structure of legal norms in this area, the fourth chapter analyzes the regulation of specific activities related to the use of ionizing radiation. Included are chapters concerning construction of nuclear facilities, transport of radioactive substances, decommissioning of nuclear facilities and radioactive waste management. Disregarded is neither regulation of liability for nuclear damage. In conclusion, the thesis highlights weak points of the legislation and delineates possible solutions de lege ferenda,...
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The dynamical disconnection of sunspots from their magnetic roots
Bárta, Tomáš ; Švanda, Michal (advisor) ; Sobotka, Michal (referee)
The thesis tries to verify a model for dynamic disconnection of sunspots from their magnetic roots proposed in the publication "The dynamical dis- connection of sunspots from their magnetic roots"(Schüssler & Rempel, 2005, Astron. Astrophys. 441, 337). In order to accomplish this task I conducted a numerical simulation, including a computation of a quiet Sun model using the OPAL opacity and equation of state tables. While simulating the time evolution of sunspot we retained the steps as are in the reffered article. The quiet Sun model corresponded well with other quiet Sun models, which are considered to be state-of-the-art. However, I was not able to reproduce the results fully as I didn't observe the dynamic disconnection. I suggest a more thorough testing of the presented code. 1
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Legal aspects of waste hierarchy
Dosoudil, Kryštof ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The purpose of my thesis is to analyse the conditions adjusted in main conceptions and in the legislation of waste management for accomplishing the goals of waste hierarchy. I point out some of the weaknesses of the waste hierarchy itself and the relevant legislation as well. The emphasis is on some aspects of different means of recovery of waste which is the priority in terms of waste management nowadays. I describe the differences between the individual ways of waste management and at the same time I describe the links throughout the whole waste hierarchy. Within partial summaries and especially in the conclusion I attempt to outline the ideal regulation on the waste management in The Czech Republic for next short and long term period so it matches the requirements of EU legislation.
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Czech Nuclear Law
Nosek, Tomáš ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This thesis goes into the czech nuclear law, i.e. the set of legal norms adjusting the terms of use of ionizing radiation and nuclear energy in order to ensure the protection of citizens, workers, property and environment against ill-effects of irradiation. The thesis has two main objectives. The first one is to provide a systematic insight into the corresponding existing czech legislation and its structure. To that end, the object and the subject matter of the nuclear law including the legal and real substance of its basic terms are analyzed. Furthermore, the text concerns itself with the international and european enactment, i.e. international treaties effective in the Czech Republic, organizations, in which the Czech Republic participates, Euratom and its secondary law. The role, recent importance and also original intent of organizations and treaties are emphasized. It is followed by the analysis of the existing municipal law of the Czech Republic, which is mainly inherent in the nuclear act and subsequent implementing legislation. The principles of nuclear law, framework of administration and competence of state agencies or other public institutions, character of activities within the use of ionizing radiation and nuclear energy and liability for nuclear damage are discussed. The second objective is to...
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