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The common policy for the protection of the environment in the light of the internal market of the European Union
Scheu, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
English abstract Protecting the environment is currently one of the complex issues of law and policy. Necessary response to adverse changes in the environment lays down binding rules on environmental protection in international law, EU law and national law. The EU internal market is secured by four fundamental market freedoms - the free movement of goods, persons, services and capital. The relationship with the environment is reflected in the quality and characteristics of the products, and the conditions under which these products are marketed in different Member States. Environmental protection is strongly linked with service area, which concerns matters such as the operation of landfills. The EU's objectives in the areas of internal market and environmental protection very often collide. Then it is necessary to find a balanced approach between the protection of environmental objectives and ensuring the economic principles of the European Union.
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The liability in the area of animal protection
Křížová, Barbora ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
English abstract This diploma thesis deals with tort liability in the area of animal protection. It summarises international legislation, EU legislation and also the Czech one. At the beginning, it deals with the definition of essential terms such as definition of an animal and its categorisation and introduction into the issue. It provides insight not only into the status of animal in public law but also into its status in private law. Subsequently, it analyses liability, its elemental features and classification. Afterwards, is describes important international treaties, including the conventions of the Council of Europe. At the EU level, discusses primary legislation, secondary legislation and conceptual tools. The part of the thesis which concerns Czech law focuses on the Act no. 246/1992 Coll., on protection of animals against cruelty, where it emphasises on administrative offences concerning this area. Also mentioned are some other acts regarding the animal protection. In conclusion, it does not forget to define crimes in the area of animal protection and against animals and subsequent sanctions.
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Legal regulation of specially protected areas in Czech Republic and in the Russian Federation
Borovskaya, Elena ; Stejskal, Vojtěch (advisor) ; Hošek, Michael (referee)
The offered thesis focuses on the legal regulation of specially protected areas in the Czech Republic and the Russian Federation. The thesis' objective is to present an explicit overview of the two countries' national systems comprising protected areas from the legal point of view. The thesis includes an explanation of the basic concepts related to specially protected areas in terms of nature and landscape preservation. The author starts with a concise introduction to the issue's background, and then dwells upon constitutional principles for nature conservation, related legislation and a range of categories of specially protected areas in the two countries. The basic legislation concerning specially protected areas in the Czech Republic is the Nature and Landscape Protection Act, while in the Russian Federation that function is played by Specially Protected Natural Areas Act. The thesis includes an analysis of selected legal issues, namely issues related to legal proclamation and cancellation of the status of specially protected areas, special protection regime, state administration functions, implementation of ownership and other rights. The analysis is followed by a comparison of legal regulations concerning specially protected areas and the conclusion where the author summarizes the most...
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Environmental Rights of Indigenous Peoples
Vančurová, Marta ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the analysis of the specific instruments of international law applicable to the protection of the environment of indigenous peoples. The thesis consists of four chapters. The first chapter describes the specific relationship which binds indigenous people to their traditional territories and natural resources and the most important threats to these territories and resources. The second chapter focuses on the development of the relationship between the international community and indigenous peoples and analyses the term indigenous peoples. Furthermore, this chapter contains an overview of the international and regional sources of law relevant to the protection of the environment of indigenous peoples. The third chapter draws attention to the international and regional mechanisms of protection of indigenous rights. The fourth chapter contains an analysis of particular environmental rights and systemizes them into collective, minority, individual and procedural rights.
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The protection of landscape in the law
Matyáš, Jiří ; Stejskal, Vojtěch (referee) ; Humlíčková, Petra (referee)
The protection of landscape in the law The thesis analyzes the legal protection of landscape and describes basic legal institutes of the international, European and Czech law which protect landscape. The thesis is divided into four chapters. The introductory chapter defines the term landscape and its scientific and legal meaning and presents the most serious problems of landscape in the present. Chapter Two characterizes the substantive law on the international level and is concerned with an analysis of international treaties. Chapter Three investigates the legal regulation of the protection of landscape in the European Union. Chapter Four provides an outline of the relevant Czech legislation, especially The Act No 183/2006 Coll. Building Act and The Act No. 114/1992 Coll. on Protection of Nature and the Landscape.
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Legislation of animal experiment
Kropíková, Karolína ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
This diploma thesis analyzes legislation of executing animal experiments and protection of experimental animals. It is divided into five chapters, each of one is focused on specific area of the topic. The first chapter describes legal sources on international, European and state level. The chapter is closed by a subchapter about judicial activity. The second chapter is focused on principles of animal experiments and its two subchapters describe the 3R concept and legal principles of animal experiments. The third chapter concerns theoretical aspects and key concepts of animal experiment. It is divided into four subchapters, which involve the term of animal experiment, welfare, status of living animal in a legal system of Czech Republic and alternatives to animal experiments. Each of this unit is divided into subchapters, which are focused on specific areas. The fourth chapter concerns six subchapters, which describes the authorization for using animals for experiments, persons working with experimental animals, acceptable experiment, experimental animals, project of experiment and executing experiments. Each of this units is divided into subchapters according to focus of each chapter. The last fifth chapter describes delict responsibility and it is divided into two subsections - responsibility in...
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The Creation of landscape in the law
Palečková, Alena ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
The creation of landscape in the law The diploma thesis deals with the creation of landscape in the law. The aim of this diploma thesis is to ascertain if the creation of landscape is provided by the Czech legal system and if so, in which ways. Another aim of the diploma thesis is to deal with the legislation in more detail, analyses it and suggests the possibilities of its improvement at the end of this diploma thesis. The diploma thesis is divided into three parts. The first part of the diploma thesis deals with the definition of landscape. The definitions that are used in other scientific disciplines are included in the diploma thesis next to the legal definition of landscape. The second part of the diploma thesis describes the international legislation of the creation of landscape. This part of the diploma thesis focuses particularly on the European Landscape Convention. The third part of the diploma thesis deals with legislation of the creation of landscape in the Czech legal system. With regard to the scope of the diploma thesis, this part only deals with the public law legislation of the creation of landscape in the Czech Republic. It deals particularly with the instruments of the spatial planning. The diploma thesis deals also with the instruments of the water and the forest planning which...
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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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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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Development of the relationship between human rights and environmental protection
Janebová, Barbora ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The subject of this master thesis deals with development of the relationship between protection of the environment and human rights, which this relationship has undergone in selected regional human rights systems. Thesis describes two main approaches to the relationship. Main objective of the thesis is to provide a comprehensible explanation of this relationship in particular through case law of the relevant international institutions. Thesis sequentially covers development in European, American and African regional human rights systems and also the development of access to justice in these systems.
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