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Recent Trends in Fair and Equitable Treatment in Investment Arbitration
Hrčka, Daniel ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) Often evoked by investors before arbitral tribunals and at the same time causing controversy and uncertainty with regard to its contents. Fair and equitable treatment standard of protection (FET) suffers from its vague formulation in bilateral investment treaties but simultaneously this characteristic enables it to fulfil the function of filling gaps left by other standards of protection. This results in a fact that uniform understanding of the standard seems impossible to achieve. Inherent dispute on whether FET amounts only to minimum standard of treatment under customary international law or is rather an autonomous standard is also embodied in various wordings of FET clauses present in the treaties. Unless specific link to minimum standard is made, almost all methods of legal interpretation prove that FET is an autonomous concept. Enumeration of sub-elements of FET in clauses will also not achieve certainty mainly because of disputes on contents of some of these sub-elements. Effort to shed more light on the contents of the standard is achieved by evaluation of values of rule of law as well as requirements of morality and legality (necessary for functioning of every legal system) presented by legal philosopher Lon Fuller. A set of universally accepted principles is extracted from these...
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Concept of the Rule of Law in the People's Republic of China
Sakmárová, Dominika ; Klimeš, Ondřej (advisor) ; Hudeček, Jiří (referee)
The objective of this Master's thesis is to analyse the term of "rule of law" and its Chinese variations (fazhi 法治 , fazhi 法制 , yifazhiguo 依法治国 ) since establishment of the People's Republic of China until present, with the emphasis on contemporary understanding of the concept, affected by political environment. The concept of the rule of law is presented throughout analysis of collected works of influential political leaders, namely Mao Zedong, Deng Xiaoping, Jiang Zemin and Xi Jinping, reflected in official documents crucial to the legal system, such as the Constitution. Each historical period represents a different stance on the conception of rule of law and position of legal system, which results in analysis of current situation with a prospective future attitude to this issue. Keywords: rule of law, constitutional rule, Communist Party of China, China
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Operation of Mission EULEX in Kosovo in judiciary and police in years 2008-2014
Ondráčková, Natálie ; Žíla, Ondřej (advisor) ; Heler, Daniel (referee)
This bachelor thesis called "Operation of Mission EULEX in Kosovo in judiciary and police in years 2008-2014" deals with operating of the European Unions' civilian rule of law mission in Kosovo from the point of view of EULEX itself. The aim of this thesis is to find the answer to question, how EULEX perceives its acting and how this perception differs from the opinion of other observers. In the first part of this thesis the historical context is described with the emphasis on the international presence in the region. The second part is dedicated to characteristics of the features of the civilian mission and it describes its structures and functioning. The core of this study is the analysis of missions' programme reports from years 2009 and 2014, where the study follows, if EULEX achieved their declared goals in the period of six years. Thesis shows on this basis, that despite the fact that mission had not achieved originally stated goals, it assesses its performance positively and this opinion is built on partial progress of Kosovar institutions. Taking into account of the opinion of other authors study concludes, that EULEX is optimistic in its evaluation and does not reflect in its reports some of the serious issues challenging Kosovo.
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Determination of firm boundaries: Influence of regulations and rule of law on firm size
Dočkal, Ondřej ; Cahlík, Tomáš (advisor) ; Schwarz, Jiří (referee)
Study of determinants of firm size is important for policy making and economic theory, because much of economic growth takes place within firms and firms are prevailing form of organisation of production units in modern economies. Theory o↵ers contradictory views on e↵ect of quality of regulations and rule of law on firm size. Better regulatory quality in the environment of post-soviet countries enables firms to become larger. In the case of rule of law, the relationship seems to be rather fragile and of a more complex nature with ambiguous e↵ects, hence the matter re- mains subject of future research. Regulatory quality and rule of law explain only very little part of variations in growth rates of firms. Keywords: firm size determination, quality of regulations, rule of law, industrial organisation Character count: 73 717 Abstrakt Studium determinantů velikosti firem je důležité pro vytváření politik i ekonomickou teorii, protože velká část ekonomického růstu je způsobena růstem existujících firem a firmy jsou převažující formou organizace produkčních jednotek v moderních eko- nomikách. Teorie přináší protichůdné pohledy na vliv kvality regulace a právního státu na velikost firem. V prostředí postsovětských zemí je růst kvality regulace spojený s růstem velikosti...
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Foreign Direct Investment in Emerging Markets: The Case of Turkey
Huseynli, Orkhan ; Geršl, Adam (advisor) ; Zeynalov, Ayaz (referee)
This paper studies determinants of FDI in Turkey using panel data analyses. The results of the study show that political stability, education level, rule of law, and trade cost have significant impact on FDI inflow in Turkey while similarity in economy size of home and host country (Turkey) has not. The effect of the trade cost and rule of law was surprising but it gave a clue to new research area. It was concluded that next studies of FDI determinants in Turkey must be conducted at firms' level to better understand the behaviour of foreign direct investments in the country.
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The rule-making power of the European Commission
Lenfeld, Jiří ; Král, Richard (advisor) ; Svoboda, Pavel (referee) ; Svobodová, Magdaléna (referee)
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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Good Governance in Theory and Practice
Vošahlíková, Radka ; Ochrana, František (advisor) ; Půček, Milan Jan (referee)
This master's thesis offers comprehensive perspective of good governance concept in a theoretical level as well as from a practical point of view with emphasis on the Czech Republic. The objective of the thesis is to investigate the theoretical background of the good governance concept and its basic principles, focused on dealing with the concept in the Czech Republic. The work also provides the assessment of the critical points associated with the good governance concept implementation and attempts to provide the possible solutions to eliminate these points. Thirteen research interviews were conducted with the public administration staff members and the leading experts in the field to analyze the current state of good governance in the Czech Republic. Thematic analysis was utilized for this purpose and results have shown that good governance is not broadly applied yet. Besides the apparent issues such as problems with human resources, communication, politicization of public administration, departmentalism or absence of long-term vision, the key obstacle to implementation of the good governance concept in the Czech Republic seems to be low level of cultural and social standards.
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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The German-Chinese Rule of Law Dialogue: Quantitative Analysis of Projects, 2000-2010
Trnka, Jan ; Nigrin, Tomáš (advisor) ; Mlsna, Petr (referee)
Jan Trnka, "German-Chinese Rule of Law Dialogue: Quantitative Analysis of Projects, 2000- 2010" (bachelors' thesis, Charles University, 2011): 57 s. During the last 10 years, the German-Chinese Rule of Law Dialogue (Deutsch-Chinesischer Rechtsstaatsdialog) has developed into one of the most significant axes of Sino-German relations. Although the attention is paid to its yearly official symposia, its core is has been formed by various state actors, academic institutions and NGOs that have administrated its long-term projects (such as consulting service in various fields of rule of law, but also research in international law, translation of both sides' legislation, joint curricula etc.). Naturally, these partial projects differ significantly in its thematic scope, profile of attendees and also in its formats. Therefore, the thesis is focused on providing at least partial answers to most pressing issues, the dialogue faces today which is the thematic relevance and measurable achievements of its primary objectives. Firstly, the analysis focuses on broader historical, political and practical motives for the establishment of the rule of law dialogue. Its normative part focuses on political discourse over the main aims of the future mechanism. The second quantitative chapter provides detailed description...
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