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The so-called Magnitsky Laws from the Perspective of International Law
Tydlitát, Pavel ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The so-called Magnitsky Laws from the Perspective of International Law Abstract This diploma thesis treats the phenomenon of so-called Magnitsky acts, a subtype of targeted international sanctions, from the point of view of international law. The text of the thesis is structured into three chapters. The first chapter deals with the origins of Magnitsky acts. Documented are the circumstances of the incarceration and death of Sergey Magnitsky. Described are the origins of the first Magnitsky Acts, i.e., the U.S. Magnitsky Act and Global Magnitsky Act, and the spreading of analogous norms around the world. The second chapter is a survey and legal comparison of selected legislation - in the United States, Canada, European Union, and Czech Republic. Based on the literature and the individual norms, the features common to all Magnitsky acts are determined. Subsequently, the acts are compared using five criteria. These are sanction aspects, as a definition of the prosecuted behavior; creation of the sanctions list, as an entitlement of the government agencies to create such lists; individual sanctions tools; appeals and remedies in the sanctions process, or removal from the sanction list; the overview of the sanctioned entities. The third chapter discusses the nature of the Magnitsky acts in the context of...
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