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The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights
Dolejšová Kabelová, Kristýna ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Hýbnerová, Stanislava (referee)
The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights JUDr. Kristýna Dolejšová Kabelová This dissertation thesis is focused on the examination of the prohibition of discrimination in the European system of the protection of human rights as based on the Convention for the Protection of Human Rights and Fundamentals Freedoms (hereinafter referred to it as the "European Convention"). The European Court of Human Rights (hereinafter referred to as the "European Court"), in its role as a component of this system of protection, acts as an international judicial organ that reviews individual applications concerning an alleged breach of the European Convention by a Member State. In the area of the protection of human rights such prohibition of discrimination is based on the fundamental principle of equality, and constitutes an integral part of all important international instruments for the protection of such rights, and of the modern national legal orders of states. Inevitably, however, the legal systems of modern-day states are built upon distinctions, categorizations and classifications inherent to their societies, creating unintentional opportunities for discrimination. The problem of the prohibition of discrimination consists in delimiting the...
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Dispute settlement in the international economic law - selected aspects
Cibulková, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This thesis deals with the dispute settlement in international economic law. Specifically, it focuses on dispute settlement mechanism within the framework of the World Trade Organization (WTO). The aim of the thesis is to examine specific features and evolution of this mechanism and to look at its functioning through case analysis. As an object of the case analysis I chose to investigate cases which have been filed by or against People's Republic of China (China) since its accession in 2001. The accession of China to the WTO was entailed with some controversy and China is well known as a state which is rather not in favor of international adjudication. Therefore, I would like to discuss why this system is more appealing to China and which consequences it might have. The thesis is divided into four main parts which are further divided into chapters. The first part of the thesis explores evolution of the dispute settlement mechanism of the WTO from its predecessor GATT 1947 and outlines main features of the dispute settlement proceedings. The second and the third parts of the thesis shift focus on China and provide a basis for the case analysis in the fourth part. The second part deals with specific circumstances of the accession of China to the WTO, while the third part looks at historical and cultural...
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Crisis of the WTO dispute settlement system - MPIA
Červinka, František ; Šturma, Pavel (advisor) ; Urbanová, Kristýna (referee)
The Dispute settlement system of the World Trade Organization is in a crisis. The demise of the Appellate Body signals tough times for the multilateral trading system. The Appellate Body is now devoid of its adjudicators, their appointment blocked by the US. The celebrated system of dispute resolution has been crippled. Evolving since the second world war it saw many iterations. The first goal of this thesis is to explore the nature of the different dispute settlement regimes of the ITO, the GATT and the WTO and determine whether they constitute a judicial or a diplomatic system. The second goal of this thesis is to analyze the Appellate Body crisis. With no resolution in sight, a group of members agreed to sign the Multi-party Interim Appeals Arrangement (MPIA), resorting to arbitration in place of the non- functioning Appellate Body. The US has raised numerous objections to the practice of the Appellate Body and the thesis shall touch upon a number of them with a thorough discussion, mainly on the extent of its authority and the limits of its functioning. The thesis will examine the criticism of the US, counterarguments and whether the MPIA rectifies any of the perceived shortcomings. Key Words: Multilateral Trading System, the World Trade Organization, the Appellate Body, the MPIA, dispute...
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International investment arbitraion in selected EU Member States
Kiselyová, Miriama ; Šturma, Pavel (advisor) ; Chovancová, Katarína (referee) ; Balaš, Vladimír (referee)
International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Šturma, Pavel (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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Sales Promotion and Advertising of Company a Specific Section
Buriánek, Tomáš ; Šturma, Pavel (referee) ; Mráček, Pavel (advisor)
This Bachelor thesis deals with the issue of sales promotion and advertising of a sports club. The supporting documents for the work are drawn from both the specialist literature for the theoretical part and the club's supporting documents for the analytical part. In the described club I hold the position of marketing specialist, so in the design section I take the liberty of suggesting further possible steps to achieve the club's objective. Supporting the sale of the club means all its activities to take on and sell its brand. Individual activities that can generally be used in sports marketing are the content of the theoretical part of the work. The analytics section offers a contemporary marketing mix of a club that has recently undergone a major brand change. The conclusion of the work is focused on my proposals, which aim to promote the rebranding of the club within its environs.
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Contemporary European regional organizations and their tools for conflict prevention and conflict resolution
Ruffer-Lustigová, Petra ; Ondřej, Jan (advisor) ; Šturma, Pavel (referee) ; Karásek, Tomáš (referee)
This study seeks to explore the phenomenon of different approaches European security organizations (EU, NATO and OSCE) apply in conflict prevention and conflict management, as well as the tools they use in the framework of security governance. The purpose of exploring this issue is to understand why states tend to collaborate through international organizations, what is the role of a hegemon, in what way organizations execute delegated powers, whether the institutional design of international organizations can influence its effectivity, and last but not least, how important are shared values in the process of regional cooperation. Qualitative approach aiming at understanding the causes and their interpretation was picked out to draw relevant conclusions to be later compared with theoretical approaches of constructivism, institutionalism the hegemonic stability theory. A case study approach is used at the methodological level to explore the influence hegemon has (or precisely two hegemons) over the functions of OSCE; the role of shared values in promoting a zone of peace and stability beyond the region borders (European Neighbourhood Policy); or the ability of international institutions to independently act on behalf of member states in line with (or even against) their interests. The last subject...
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The Accession of European Union to the European Convention on Human Rights
Brtna, Dominik ; Šturma, Pavel (advisor) ; Tymofeyeva, Alla (referee)
1 The Accession of the European Union to the European Convention on Human Rights 1. Abstract in English This diploma thesis focuses on the relationship between the European Union (EU) and the European Convention on Human Rights (Convention). Especially in the light of the renewed attempt of the EU's accession to the Convention. Introduction (First Chapter) explains in brief the current situation, motivation of the author and the goals of the thesis. Also, the sources and methods used are introduced. Second Chapter describes the rich history of both European Union and European Convention of Human rights, with respect to their interlocking nature in the area of human rights. Analyses instruments such as Lisbon Treaty and the Charter of fundamental rights of the European Union. Third Chapter analyses the Opinion 2/13 of the CJEU and its impact on the accession of the EU to the Convention. Situation before and after the adoption of the Opinion, with its implications for the future relationship between the EU and the Convention. The next major section of this Chapter are the most recent meetings between the EU and the Council of Europe and evaluation of the hitherto progress. Fourth Chapter compares level of protection procedurally. Fifth Chapter compares level of protection substantively, in relevant case-law...
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Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law
Bartková, Josefína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections...
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Enforced disappearance as a crime against humanity
Riesová, Eva ; Šturma, Pavel (advisor) ; Hofmannová, Mahulena (referee)
1 Enforced Disappearance as a Crime Against Humanity Abstract This thesis deals with the topic of enforced disappearance as a crime against humanity. Although it is not a particularly debated act, it still occurs in some parts of the world. From the perspective of international law, this is an interesting phenomenon, as the systematic or widespread execution of enforced disappearances is considered a crime against humanity. It is a rather effective means of spreading panic and terror, affecting not only the physical and psychological state of the victim, but also his or her relatives and friends. The aim of this paper is to analyse enforced disappearance with a particular focus on the crime against humanity. The thesis is divided into four parts, each of which is further divided into relevant chapters or paragraphs. Thus, it will touch not only on the individual concepts and their origin, but also on the analysis of the important provisions of the two main documents related to enforced disappearance, the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance. However, this convention regulates enforced disappearance slightly differently from the ICC Statute. In addition to defining enforced disappearance, it also...
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