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International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
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Analysis of Criminal Terminology in the Czech Translations of Selected Dostoyevsky's Novels
Tymofeyeva, Alla ; Rubáš, Stanislav (advisor) ; Rosová, Anna (referee)
(in English): This thesis focuses on a review of the criminal terminology in the Czech translations of five novels by F. M. Dostoevsky. The paper covers the following novels: 1) Crime and Punishment; 2) Demons; 3) Notes from the House of the Dead; 4) The Brothers Karamazov and 5) The Idiot. The main objective of the manuscript is to analyze the legal terms in these novels and to ensure accurate translations into the Czech language from a legal and linguistic perspective. These findings may be of significant assistance in future translations of these Dostoyevsky's novels into Czech. Analýza trestněprávní terminologie v českých překladech vybraných románů F. M. Dostojevského Analysis of the Criminal Law Terminology in the Czech Translations of Selected Dostoyevsky's Novels ALLA TYMOFEYEVA Vedoucí práce: PhDr. Stanislav Rubáš, Ph.D. Praha 2017
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Legitimacy of mass surveillance and data collection in international law
Teššer, Marek ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
AJ Over the past decade, digital technology has undergone unprecedented development. The Internet, which originally served as a mean of communication among academics, has become the main communication mechanism used throughout the world. The way people can communicate with each other is much easier now. As a result, the attention of governments and secret agencies has also been focused on cyberspace, with the aim of controlling it as much as possible. Following the Snowden revelations in 2013, the debate on the international scene regarding the feasibility of mass surveillance as a tool in the fight against terrorism began. Since the events of September 11, the powers of the secret services in the field of communication of persons have been extended. This practice has brought up some interesting and unresolved issues. Are such activities permissible at all? If so, under what conditions? This diploma thesis analyzes the legitimacy of massive electronic surveillance and data collection in international law in the context of the protection of human rights, especially the right to privacy. It focuses on electronic surveillance conducted by the American National Security Agency (NSA) and the British Government Communications Headquarters (GCHQ). Since these are foreign monitoring programs, the work...
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Political persecution as a reason for granting protection in international law
Sirotová, Dominika ; Honusková, Věra (advisor) ; Tymofeyeva, Alla (referee)
This thesis focuses on political persecution as a reason for which international protection is granted. Firstly, it discusses what role persecution on political grounds has played in the past, and how the entitled person is provided with protection as a result. The following chapter assesses the way political persecution is included in the relevant international law norms, as well as European law norms, which are an important source of the legal regulation of granting international protection in the European Union. As an example of how Member States respect both international and European commitments in their national legislation, the thesis reveals the laws and regulations made applicable in the Czech Republic. The crux of this thesis centres around the interpretation of different terms which are crucial for granting international protection on political grounds. This is the imperative, determining factor of the decision-making process in individual cases. Chapter 4 compares the legal regulation of political persecution in two regional legal subsystems, European and Inter-American, and incorporating international and regional commitments in the national legislation on the American continent is demonstrated on the relevant US laws. Furthermore, the thesis deals with the question of whether...
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The issue of de facto states on the example of North Cyprus and Nagorno-Karabakh, taking into account the ECtHR case-law
Fejfar, Jakub ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
This diploma thesis deals with issues of statehood. In this study, we examined the de facto states, i.e. countries that are not internationally recognized. First described the characteristics of the state. Subsequently, we examined the international recognition of the state. It will also define the term de facto work is divided into four main chapters. On the basis of the criteria laid down Montevideo Convention of 1933 will be discussed features of statehood. Described is also the state sovereignty and the principles of international recognition by members of the international community. In the second chapter will be presented in greater detail the general features of de facto states. Attention will be paid to formation of de facto states including a detailed explanation of the issue of the right to self-determination and secession. In the third and fourth chapters, attention will be given to the two de facto states, Turkish Republic of Northern and Nagorno-Karabakh Republic. In these chapters, the emphasis is also on the historical aspects, the political situation inside these entities, as well as in the whole region. Another goal of these chapters is also to analyse the case law of the European Court of Human Rights. In the case of Northern Cyprus will be analysed in particular the judgments of...
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Independent and impartial tribunal with emphasis on judgements of the Grand Chamber of the European Court of Human Rigrts
Staňková, Jana ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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Dispute resolution within the framework of WTO
Martinec, Tomáš ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
This thesis, entitled WTO Dispute Settlement Mechanism focuses on the issue of direct effect of WTO law with respect to the possibility of private persons to claim damages in case they are affected by the retaliatory measures adopted by the injured WTO-member in response to the violation of WTO rules perpetrated by their government. In connection with the aforesaid, the thesis compares the approach of the United States of America with the one of the European Union. Given the fact that the jurisprudence of the European Court of Justice regarding the issue of direct effect of WTO law has undergone substantial development, the thesis also analyses the jurisprudence and its outcomes. This thesis is divided into two parts. The first one introduces the dispute settlement procedure before the Dispute settlement body under the Understanding on Rules and Procedures Governing the Settlement of Disputes. The thesis focuses on particular stages of the procedure before the DSB and introduces the particular actors of the dispute settlement mechanism. The first part consists of three chapters, first of which deals with particular actors, second defining particular stages of the procedure and third focusing on the stage of implementation of DSB decisions. The second part that is also divided into three chapters...
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Child forced labour from the perspective of international law
Urbanová, Ladislava ; Faix, Martin (advisor) ; Tymofeyeva, Alla (referee)
8. RESUMÉ This graduation thesis deals with a child forced labour, its determination and means of the international law to combat child labour. The aim of the thesis is to clarify the concept of child labour from the view of the international law and to summarize the most important means of the protection of children from economic exploitation. It tries to compare these measures and find out, if they are able to change or influence the situation of children forced to work in a real life. I focused on the most significant universally operating international organizations, whose international law documents deal with the prohibition of child labour, as well as important international organizations and their documents in the regional level. The concept of the child forced labour was explained trough international law documents and scientific works from the field of international law and international law of human rights as well. In the same way it was proceeded to find substantial characters of supervisory mechanisms to particular international conventions. The thesis in the same time refers to details that appear trough practice of mechanisms, there are explained basic concepts and differences in decisions. Working and effectiveness of international bodies with competence in child forced labour were researched...
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Legal language on the material of Czech and Russian
Tymofeyeva, Alla ; Stárková, Zuzana (advisor) ; Confortiová, Helena (referee)
UNIVERZITA KARLOVA V PRAZE FILOZOFICKÁ FAKULTA Ústav bohemistických studií Bakalářská práce: PRÁVNICKÝ JAZYK NA MATERIÁLU ČESKÉHO A RUSKÉHO JAZYKA Anglicky: Legal language on the material of Czech and Russian Autor: Alla Tymofeyeva Vedoucí práce: PhDr. Zuzana Hajíčková Abstract (in English): The main goal of the paper is to explain a term "legal language", and to describe its characteristics on the basis of Czech and Russian legal languages. Semantic analysis of the polysynthetic, i.e. homonymic words is performed, namely in the frames of professional juridical style on the one hand and the common Czech language on the other hand. Furthermore, the author deals with a comparison of selected legal terms in Czech legal language with the similar terms in Russian legal language. Practical part of the paper contains results of the research conducted among the students of the Faculty of Law, Charles University in Prague, which took the course of Russian legal language.
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