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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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Global change in climate from a legal point of view
Rydlová, Miroslava ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Legal view on global climate change It is no exaggeration to say that climate change is one of the most critical issues of the present. It threatens not only the environment but also economic and social stability - global as well as local. Higher temperatures, rising sea levels, more frequent storms, floods, droughts and heat waves are already visible today. The basic principle of so called global warming consists in the fact that greenhouse gases release solar radiation to the ground, while they absorb and emit heat radiated by the Earth, consequently warming up both the lower layer of the atmosphere and the Earth's surface. The significance of the greenhouse gases production from human activities (esp. energy production, industry, transport and agriculture) is subject to ongoing dispute, because there is also the natural greenhouse effect that occurs naturally on Earth. However, current scientific knowledge has proven that human activity does have an impact on the Earth's climate. Given that greenhouse gasses are emitted regardless of the state lines and that the adverse effects of climate change are also global, it's obvious that international cooperation is necessity. In 1992 at the Earth Summit in Rio de Janeiro the United Nations Framework Convention on Climate Change (UNFCCC) was founded. The...
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Maintaining the Land Register in compliance with the actual situation
Chvosta, Pavel ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Land Registry is one of the largest information systems with extraordinary requirements on the accuracy and reliability of the data in it. The seeking and repairing the incorrect data in Land Registry is the up-to-date charge aimed to improve the status of the land registry data and in this way strengthen the sureness and confidence of the owners related to the Land Registry. In my work is described the process how to solve erroneous data in the Land Registry. This effort has the aim to keep the Land Registry in conformity to all laws, documents and other data, which were put to the Land Registry to keep it up-to-date. The situation in terrain, in reality is obliged to be in perfect correspondence with the one registrated in Land Register, too.
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Recordings in the Land Register (Cadastre)
Čoček, Miroslav ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Record into cadastre The purpose of my thesis is to analyze czech legislation regarding czech cadastre, to research, if there are some problematic subjects and to present some of my own suggestions de lege ferenda. The reason, why I chose this subject, is that all people have to deal with record into cadastre at least once in their lifes, so I thought it would be usefull to present something like a manual for everybody, in which I analyze what forms of record are available, how do they work, what are the problems etc. The thesis is composed of three main chapters, which are subdivided into parts. Chapter One is introductory and defines the basic elements of czech cadastre. It is subdivided into five parts. First part focuses on history of czech cadastre from the first real estate registry attempts in bohemian and moravian lands until todays cadastre. This part helps us to understand, where are the main reasons of todays problems regarding cadastre. Second part describes basic elements of czech cadastre, its functions and acts that govern the whole subject. Third part is about the subject of czech cadastre, that means it names which realties are recorded in cadastre and what information about these is registered. Fourth part concerns about the content of cadastre, which is divided into sections of geodetic,...
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Integrated prevention of pollution and the protection of the environment
Ječná, Tereza ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The purpose of my master thesis is to analyse the incorporation of Directive 96/61/EC concerning integrated pollution prevention and control in the Czech legal order, show the strengths and weaknesses of current regulations and to find some solution. The thesis is composed of chapters, each of them concerning different aspects of integrated pollution prevention and control (hereinafter "IPPC"). Chapter One is introductory and explains origin of environmental protection. Chapter Two concentrates on sources of regulation of IPPC, firstly explain the role of international law in environmental protection. The chapter is subdivided into two parts. Part One presents the evolution of environmental law of the European Union and Part Two focuses on Czech legislation of IPPC. Chapter Three deals with the principles of the IPPC regulations. The fundamental principles are principles of prevention, highest value, sustainable development, integrated protection, best available techniques and participation of public. The basic legal instruments of the IPPC are treated in Chapter Four which is subdivided into three parts. Part One deals with the integrated permit; Part Two describes subjects of regulation of the IPPC and Part Three its obligations. Chapter Five concerning the procedure to issue integrated permits...
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Acquisition of ownership to land
Kubátová, Kateřina ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Aquisition of Ownership of Land The purpose of the Master's degree thesis is to define and give a complex description of basic legal forms of acquiring ownership right to land and describe the process of obtaining the ownership right to land. The core piece of legislation governing this question is the Civil Code supported by many other laws. There are many citations of the Constitutional Court and the Supreme Court decisions used in the text to support the statutes. These decisions are necessary when law does not provide with clear explanations and so the court gives the interpretation. This paper in many places mentions the proposed Civil Code which brings many substantial changes to the Czech law. This paper consists of five chapters. They all relate to each other however they deal with different topics and describe important issues for the overall understanding. They are ranged logically from the basic general issues and historical outline to specific ways of obtaining ownership right to land and their evidence in the Real Estate Registry. For information purposes, there is a chapter paid to English land law principles compared to the Czech land law. The first part of the thesis is introductory and explains the basic terminology which is used in the text and is crucial for understanding the...
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Food industry law in the Czech Republic and abroad
Drátovská, Michaela ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
80 Summary My thesis is focused on food law in the Czech Republic and abroad. I have chosen this topic, because I think it is very interesting and still current. The main objective this thesis is to present contemporary legal regulations of food law. The significant attention is focused on safely and wholesome of food, data of wraps and consumer awareness of healthy life style. I dealed with these topics in the Czech Republic, in the Europea Union and in Australia. First chapter deals with basics principles of food law in the Czech Republic and in Europea Union. I describe also the most important documents and regulations of food law in this chapter. In two other chapters is described generaly systems of ensurance safely and healthy food in the European Union and in the Czech Republic. Fourth and fifth chapter are concerned with healthy life style and consumer awareness Consumer awaraness is ensurance data of wraps e. g. expiration date, mark of producer, nutritive notation and quality characteristics. In fourth chapter are intorduction information on wholefoods and GMfoods. Chapter six includes areas of food law in Australia especially data of wraps, consumer awareness and helthy life style. I think, that the food law trends right way. Today we have functional system of safty food and we can target the...
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