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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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International trade in military materials from the perspective of Czech law
Mazúch, Tomáš ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
1 Resume in English International trade in military materials from the perspective of Czech law The goal of this thesis is, mainly, to introduce laws and legal mechanisms governing this part of international trade with focus on export from Czech republic, mainly outside European Union. Thesis consists from 3 major logical parts divided to 8 chapters, that goes from theory of laws of private international law, thru description of current legislation, both Czech and European, to public procurement according to European directives and latest cases of European Court of Justice. First major part deals, apart from theory of international private law, with description of defence equipment excluded from trade, also describes defence equipment as it is defined by current Czech legislation, and briefly shows history of Czech law of international trade with defence equipment. Under the definition of defence equipment is also brief notice about possibility that some firearms can be in one moment seen as defence, or military, equipment, and in the second moment as a firearms intended for civilan use. First major part ends with short propsal of solution to problems of export companies that comes from European countries without access to sea. Second major part describes process of issuing trade permission to companies and...
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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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Contractual obligations in private international law
Gospodinová, Vanda ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
80 Summary The theme of this thesis is "Contractual Obligations in Private International Law" and the subtopic is "Employment contract". Within such a defined theme, the thesis examines how Czech courts interpret employment contracts established under the US law. The first chapter outlines the different conceptions of the law in the Czech Republic and the United States of America as a result of different legal and historical development. The second chapter discusses the Czech Private International Law and its position within the Czech Private Law, because a Czech court basically applies Czech conflict rules. The third chapter focuses on two particular disputes of private relationships with an international elements that Czech courts discussed and decided. The subject of both disputes were to assess the termination of employment and other related issues. The aim of the last chapter is to consider these disputes in the light of current legislation. In order to do that I apply Act on Private International Law, as well as Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), then Act on Private International and Procedure and the US Labour Law. Furthermore, I also apply mandatory rules of Regulation on the law applicable to contractual...
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Topical Issues of the Regulation of International Air Carriage
Zubrová, Anna ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Resumé The thesis titled "Topical Issues of the Regulation of International Air Carriage" concerns itself with legal regulation germane to operating the international carriage by air. It is focused on carriage of cargo; carriage of passengers is only marginally mentioned. In the first chapter the author of the thesis defines the term of transport, transport law and compares the advantages and disadvantages of the means of transport in connection with the carriage of cargo. The second chapter of the thesis deals with the term of aviation law, historical development of the air transport and introduces the most important international organizations in the field of the civil air transport. The third chapter is dedicated to the historical development of the legal regulation in the field of the civil air transport, mainly the international legal regulation carried out by the Montreal Convention and the Warsaw Convention (with its amendments). This chapter also deals with the legal regulation of the European Union and analyses some selected EU regulations and describes national laws (mainly Civil Aviation Act). In this chapter there is also included the analysis of sources of the legal regulation and their mutual relations. It also explains the basics of the methods of regulation in the international private law -...
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Legal limits of the cross-border movement of military materials
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Legal limits of the cross-border movement of military materials The global trade with military materials is an important, however often under- researched, area of academic enquiry. Such attitude is not correct, because in fact it is a massive global industry in which also Czech companies play a significant role. Given the newspaper headlines and statements of arms dealer, it is obvious there have long been unsolved problems burdening arms dealers caused especially by an inappropriate legal framework. This theses aims to provide an analysis of legal framework in respect to cross-border movement of military materials covering especially European and Czech legislation focusing on its potential limits arising and important for arms dealers. On a global international level the Arms Trade Treaty and other relevant treaties regulating international trade with military materials are identified and described. Attention is also paid to limitations of arms trade such as embargoes or restrictive measures imposed by the UN and the EU respectively as well as to limitations resulting from domestic and European legislation or from its different interpretation. In view of different legal framework this thesis strictly distinguishes whether a movement is realized, while particular law is adequately reflected. There...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Arbitration contract in international and national business transactions
Hrubá, Zuzana ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
This thesis called Arbitration contract in international and national business transactions deals with arbitration contract and its position not only in legal environment of the Czech republic but also at international stage. First chapter focuses mainly on evolvement of arbitration contract from the Middle Ages till now and its modern form that is regulated in the Act No. 216/1994 Coll., on Arbitration Proceedings and on Enforcement of Arbitral Awards, in New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and also in UNCITRAL Model law. Next chapters discuss concept of arbitration proceedings and consider it important in order to better explain nature of arbitration contract that is one of the most important aspects of this kind of proceedings. Next chapter deals with essentials of arbitration contract from which its validity arises. Mainly, it emphasizes important requirements that parties need to agree upon while negotiating arbitration contract. It does not forget also additional requisites that are recommended. Particularly, it compares situation when parties also negotiate these additional terms and situation when they do not do so and draws some conclusion. The aim of this thesis is to also look at the right of appeal that becomes popular for the parties and therefore...
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Nationality in international investment arbitration
Krampera, Ondřej ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Nationality in international investment arbitration Abstract The subject of this rigorous thesis is the nationality in international investment arbitration. The objective of this thesis is to provide the insight into the issue of nationality in international investment disputes to the professional community and to introduce significant investment disputes regarding this topic. The paper is divided into six main parts. First chapter describes the international investment arbitration (dispute) in general. Second chapter is devoted to the definition of investor and to various principles that can be used to assess the nationality of investors. Third chapter looks at the nationality of investors from the perspective of Washington Treaty, whereas fourth chapter looks at the nationality from the perspective of Energy Charter Treaty. Fifth chapter introduces some significant bilateral investment treaties signed by Czech Republic and their approaches for defining the nationality of investors. Finally six chapter looks at some particular issues through case studies of arbitration tribunals' decisions.
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