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Legal aspects of operating leisure activities in nature
Kamler, Jindřich ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 Legal aspects of operating leisure activities in nature Abstract The purpose of the work was to examine the legal regulation of engaging in leisure activities in nature with the aim of assessing whether legislators have managed to adequately balance the public interest in environmental protection while also establishing a regime that does not hinder people's access to natural resources. The focus is primarily on the regime within specially protected areas and in forests. In the thesis, I emphasize the clarity of the legal framework, as it is immensely important due to the limited possibility of enforcement in the field of environmental protection. A well-informed operator of leisure activities is more likely to adhere to established rules and thus not harm nature. This is, in fact, the goal of the legal regulation, since environmental damage is often irreversible. In the thesis, I arrive at the conclusions that the legal regulation of leisure activities in nature adequately protects the environment through a wide range of mechanisms, simultaneously allowing for limitations to be set in a manner that keeps natural resources accessible. However, the legal framework is not sufficiently transparent for the average user, which could lead to their resignation from adhering to the established rules....
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Climate Litigation
Baránková, Barbora ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Climate Litigation ABSTRACT The topic of this thesis is climate litigation, as an increasingly more popular tool used in attempts to hinder climate change. Climate litigation consists of a truly diverse group of cases submitted to a wide range of adjudicatory bodies. The objective of this thesis is to provide a definition and basic typology of climate cases, to analyse the requirements for their success and their impact on climate change policy. The thesis analyses climate cases from all over the world, as well as from the Czech republic. The thesis is divided into six chapters. The first chapter offers a brief information on the consensus regarding the urgency of climate change and an overview of the most significant instruments of climate protection in international law. The second chapter attempts to introduce a definition and a fundamental typology of climate litigation. The chapter further identifies the concepts of success and positive impact of climate litigation on climate change regulation. The focus is also on strategic litigation, which is becoming on of the most successful types of climate litigation. The third and fourth chapter analyse in detail the characteristics of international and national climate litigation. The author primarily observes the similarities and differences in the categories...
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Binding opinions as an instrument of environmental protection
Marko, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Binding opinions as an instrument of environmental protection Abstract The whole concept of binding opinions is undergoing major changes nowadays, mainly due to an ongoing recodification of construction law. The transformation is the final part of a long process of sharp criticism that binding opinions have already been subject to. The important instrument for protecting public interests is criticized for its complicated and fragmented legislation, an ambiguity of its form and a division of competences between state agencies. However, is the critique legitimate? What is the current state of binding opinions? What role do they play in an environmental protection? What are the procedural and substantive aspects of the matter? The first part of the thesis describes a current state of a global and local environment, a state of its parts, important factors, trends, and prospects, with a closer look to different approaches to understanding the environment. The second part describes an effective regulation of the environment in the Czech legal framework. It deals with a history of a legal regulation, the role of state in protecting the environment and analyses potential instruments that the state can use to fulfil its obligations. The third- and fourth-part deal with an introduction to the effective legal...
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Specifics of Landownership in Specially Protected Areas
Allohová, Natálie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 ABSTRACT Specifics of Landownership in Specially Protected Areas The thesis deals with specifics of landownership in specially protected areas. The objective is to describe and analyze institutes that a landowner is presumably to encounter in specially protected areas. The thesis also presents the specifics related to the state as landowner in specially protected areas. First chapter as an introduction to the issue presents groundings of specially protected areas in legislation of the Czech Republic. Second chapter firstly provides a definition of landowner in specially protected areas. In connection with the state as landowner in specially protected areas, the rest of the second chapter is dedicated to latter mentioned issue. Followed by an introduction of fundamental institutes that the state implements in terms of achieving the aim of the state being the majority landowner of selected specially protected areas due to its uniqueness. The legal regulation of specially protected areas imposes significant restrictions on ownership rights in real property, more significantly on landownership. After briefly introducing the issue of restrictions on ownership, the third chapter deals with restrictions on ownership (landownership) in part six of Act no. 114/1992 Coll., on Nature and landscape protection. Some...
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Light pollution regulation alternatives
Dobrianská, Kristýna ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Light pollution regulation alternatives Abstract This diploma thesis deals with the subject of light pollution, the harmful effects of artificial (anthropogenic) light on natural nocturnal environment. The issue was first brought up some decades ago by astronomers whose night sky observations started to be obstructed by sky glow - one of the three types of light pollution. But there are far more reasons to re-evaluate the way and intensity with which we illuminate our surroundings. The natural day/night cycle and the way it changes throughout the year regulates the timing of biological processes of almost all life on Earth. Its disruption affects the orientation, reproduction and development of most animal and plant species. Humans are no exception - night-time artificial light exposure can lead to sleep disorders, depression, cardiovascular diseases and even increases the prevalence of some types of cancer. The first chapter of this thesis focuses on the complexity of the issue that is light pollution. The rest of it deals with the possible ways of regulating it. Chapter two presents a summary of supranational efforts to minimize light pollution from all relevant fields, including the steps taken by the European Union so far. The third chapter compares the legal approaches of individual countries to the...
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Limitations of the rights of the property owner for the purpose of nature and landscape conservation
Hrabánková, Monika ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Limitations of the rights of the property owner for the purpose of nature and landscape conservation This degree work is focused on the limitation of rights of the property owner, which correspond to conservation of the environment, specifically nature and landscape conservation. In this degree work, one of the most fundamental themes considered is the method of maintaining balance nature and landscape conservation and conservation of property law in Czech law. Finding a way to maintain balance between these two interests is one of the important steps for long-term successful nature conservation. This part of the degree work is focused on the general regulation of limitation of property law, conditions for its limitation, distinction between internal and external limitations of property law and the related comparison of general and public interests. This analysis is supplemented by defining terms which are important for this subject area (for example the environment, property law, real estate). Another fundamental theme of this degree work is the analysis of concrete limitations affecting the property owner, which result from Act No. 114/1992 Coll. concerning nature and landscape conservation. This degree work contains a cross-sectional selection of individual limitations of property law, which are...
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Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
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The principle of maintaining the Cadastre of Real Estate in accordance with the actual status
Pastieriková, Laura ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...
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Right to a healthy environment in the case-law of the European Court of Human Rights
Zukalová, Gabriela ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Right to a healthy environment in the case-law of the European Court of Human Rights Abstract The thesis deals with the right to a healthy environment as protected by the European Court of Human Rights. The thesis aims to provide a comprehensive overview of the ECtHR case-law on the right to a healthy environment, to identify the main characteristics of this right and the ways the ECtHR uses to protect it and to assess the strengths and weaknesses of the ECtHR approach. The second objective is to place the ECtHR case-law in the context of international law and other regional instruments and to identify how they influence the ECtHR's decision-making. On the basis of this information, the thesis asks a broader question of whether the ECtHR can effectively contribute to the protection of the right to a healthy environment in the 21st century, particularly in the context of climate change, or whether an explicit enshrinement of the right to a healthy environment in the Convention is potentially appropriate. The thesis first examines theoretical aspects of the right to a healthy environment and its position in international law and other regional human rights systems. Subsequently, the thesis provides an introduction to the ECHR system and introduces the basic institutes related to the individual complaint...
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Records in the Land Register
Zemanová, Renáta ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis is focused on the records in the land register. This topic still has its relevance in the contemporary world and can appear in any person's life. That was one of the factors why the author had chosen this area for analysis. The other was her overall interest in property law and registration. The thesis is divided into two parts. The first is focused on the land register by itself and its role as an important source of information. In the beginning of the first part some typical concepts related to the land register are introduced. The next section is dedicated to the brief history of the property registration which is considered to be useful for the better understanding of the contemporary legal regulations. Those are discussed in the next chapter together with the position of the land register by itself, its purposes, content and structure. The special attention is paid to the objects in question - concretely the properties registered by this institution. The second part of this thesis, the most extensive, focuses on the particular acts of recording into the land register - registration, record, note and respective proceedings. In the first part of the second section, the rights which are objects of the records are mentioned. The most commonly used is the right in property, which is...
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