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Rusian approach to military intervention under the "Responsibility to Protect" principle
Prokopová, Barbora ; Aslan, Emil (advisor) ; Horák, Slavomír (referee)
As a permanent member of the UN Security Council, the Russian Federation plays an important role in the debate over humanitarian interventions. These are defined by the Responsibility to Protect principle that allows international military intervention into internal political crisis of other countries in case the security of civilian population is in danger. Russia sent its army to Georgia in 2008 and Crimea in 2014 referring to this principle. However, it was Russia's reluctance to approve any intervention that governed the diplomatic negotiations during the Libyan civil war in 2011. The importance of the problem of various understanding of the R2P principle by different world powers is still crucial and is also clearly visible on the ongoing conflict in Syria. This thesis focuses on the approach of the Russian Federation to the Responsibility to Protect principle. It determines general factors that influence the issue of humanitarian intervention in the framework of Russian foreign policy, and puts Russian attitude to the overall context of the discussion about this principle. The thesis confirms the assumption that the R2P principle has become a Russian foreign policy instrument, which has been misused within the Russian sphere of interest and used to obstruct the interventions initiated by the...
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A Legitimacy Analysis of EU Sanctions
Šaturová, Gabriela ; Weiss, Tomáš (advisor) ; Young, Mitchell (referee)
Political legitimacy has often been addressed in terms of the legitimacy of actors, while the legitimacy of policies as such is relatively neglected. This thesis argues that an analytical distinction between the categories of the actor and its action is necessary, since an actor's legitimacy does not automatically imply the legitimacy of its behaviour; furthermore, in real social discourse, actions are not exempt from legitimacy judgments. The ambition of the thesis is to make use of this research gap and to examine one of the most important tools of the EU's foreign policy by means of an analytical framework of political legitimacy. The selected cases are the current episode of CFSP sanctions against Russia; "appropriate measures" under the ACP Partnership agreement against Zimbabwe; and the informal arms embargo against China. Sanctions dealt with in the first two cases are deemed legitimate, while the arms embargo on China failed to meet the legitimacy criteria. Apart from the findings on legitimacy, two major conclusions can be drawn from the analysis: The lack of internal coherence is impairing the legitimacy of the EU's political measures; and the imposition of sanctions through an institutionalised political framework enhances their transparency in contrast to informal measures.
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Methods of reconciling internal and international conflicts and the concept of "transitional justice"
Vít, Jindřich ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
The concept transitional justice refers to a wide range of measures which are applied in times of political and societal transformation. Its starting point is a state of widespread and grave violations of human rights which is typical for undemocratic rules, for times of conflicts including both national and international, but it also existed within some of traditionally democratic countries such as Canada or New Zealand in a form of systematic discrimination against the indigenous population. The target of transitional justice measures is to establish democratic system which protects human rights and fundamental freedoms as a reliable guarantee of sustainable peace. Transitional justice is sometimes considered to fall within measures strengthening the rule of law however some steps such as vetting may temporarily deform the rule of law and equality of citizens before the law which is its integral part. International law regulates transitional justice measures by means of international humanitarian law, international human rights law and international criminal law. International criminal law, or more generally measures of criminal law nature, has been in modern history the primary response to breaches of human rights. Later, other measures were added including those of judicial and non - judicial...
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Mass media portrayal of Czech courts
Forejtová, Natálie ; Homolová, Pavla (advisor) ; Sedláčková, Markéta (referee)
This thesis focuses on the mass media portrayal of Czech courts in the context of the possible influence on the court's legitimacy and confidence. The research of portrayal is based on the analysis of Fagan's dimensions of legitimacy (effectiveness, distributive justice and procedural justice), court rulings and the overall view. The representation of sources of legitimacy rather corresponds to materialistic society - the most represented dimension in 2014 was the effectiveness, on the other hand, distributive justice was represented the least. Normative factors, namely procedural fairness, however, were not covered much. The portrayal in 2014 was, in terms of judicial rulings and the overall view, rather neutral but the sources of legitimacy were mostly negative. Differences were mainly found among mass media portrayal of the lower courts and higher courts and the differences correspond to different confidence in these institutions. I also studied the development since 1997, but besides the increasing interest of mass media in the courts, I have not found any other significant differences which could cause the rise of confidence in the courts. Mass media can also cause the difference in confidence in the courts of the left-wing and right-wing oriented people, because the journal Pravo has a slight...
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Legitimization of Law by Jűrgen Habermas and Niklas Luhmann
Mucala, Václav ; Šamánek, Jan (advisor) ; Grznár, Miroslav (referee)
This article is comparation of sociological theories of Niklas Luhmann and Jürgen Habermas, specifically by their relation to law and the way it acquires its justification in society. The key difference of both attitudes is result of different approaches to concepts of system. Jürgen Habermas holds concept of open system and it makes him to think about law as institutionalization of communicative racionality of lifeworld. Theory of Niklas Luhmann shifts to the concept of closed system an it characterizes las as institution which lives its own life normatively closed to social enviroment. Comparsion of both theories by legitimity of law leads us to ask about their relation to positivistic concepts and the concepts of natural law. We argue that sociology of Law presented by Jürgen Habermas has its similarities with natural law concepts and autopoietic law of Niklas Luhmann has much in common with legal positivism. In spite of both has different attitude to rationalization of law, they describe legitimization of law in terms of procedure. Finally we argue, that there is possibility to find common elements and that those theories can understand each other.
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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The Analogy and the Difference of Rawls' and Habermas' Theory of Democracy
Novák, Marek ; Šimsa, Martin (advisor) ; Franěk, Jakub (referee)
The subject of this thesis is the description of two current normative models of democracy which were created by John Rawls and Jürgen Habermas. The aim of this thesis is to describe the most important ideas of these authors presented in their major works, compare them with each other and then highlight some similarities and differences. I will focus on their vision for western democratic societies and international dimension of their theories. I will focus on methodology as well. The question I would like to answer is: to which extend could be these theories of democracy considered as the theories of liberal democracy? First I will deal with John Rawls's approach. In A Theory of Justice he introduced interesting idea of the social contract restoration and the establishment of two principles of justice in the original position. This work can be read as defence of human rights. Next I will focus on Political Liberalism. In Political liberalism Rawls is interested in securing human and civic rights for members of modern pluralist democracies. He is introducing here the idea of an overlapping consensus. This idea should maintain the stability of a system. The Law of Peoples is the attempt to bring his theory to international level. Next I will move to Jürgen Habermas. I will mention his early works -...
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European citizens' initiative: An effective tool of participatory democracy?
Fitzeková, Tereza ; Kasáková, Zuzana (advisor) ; Šlosarčík, Ivo (referee)
European citizens' initiative was introduced by the Treaty on the Functioning of the European Union and further specified by Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011, as a tool of participatory democracy; and this thesis examines whether European citizens' initiative is an effective tool. It starts with an introduction of theories of legitimacy and democratic deficit related to the European Union, in connection with which the European citizens' initiative came into existence, and also the theory of participatory democracy, within the scope of which the European citizens' initiative can be placed. The thesis then specifies three criteria in order to examine the effectiveness of this tool. In the first criterion, it analyses the criteria set for the European citizens' initiative in the above-mentioned Regulation in comparison with similar tools on national levels, and with regard to other academic analyses on this topic. In the second criterion, the thesis examines citizens who use European citizens' initiative on the basis of a questionnaire among representatives and substitutes of selected initiatives. In the third criterion, it analyses up-to-date results of two initiatives with closed collection of statements and with European Commission's conclusions,...
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The meaning of counter-revolution in two waves of thought
Jarolím, Lukáš ; Sládek, Jan (advisor) ; Mlynář, Jakub (referee)
Aim of this thesis is to understand the mening of word counterrevolution. It does so by analyzing and interpreting moder nand traditional thought, focusing namely on social dynamics and also analyzing authors, who belou to traditional wave of thought. They are authors who directly interpreted French revolution and then authors who continued thein work. Question about legitimacy of counterrevolution and about counterrevolution per se will be raised. Keywords: counter-revolution, revolution, order, conservatism, legitimacy
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