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Diplomatic Protection and its Provision in International Law
Dopitová, Kristýna ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
Diplomatic Protection and its Provision in International Law Abstract The thesis deals with diplomatic protection in a formal sense, especially concerning natural persons who do not have strictly one citizenship. The text of the thesis is divided into five chapters. First one is focused on the concept of diplomatic protection and its requirements. The second chapter contains development of its codification with an emphasis on Draft Articles on Diplomatic Protection. The third and fourth considers the possibility of providing it to stateless individuals and individuals with multiple nationalities. Finally, the relevance of diplomatic protection in the present day is discussed, considering the increasing number of human rights conventions and bilateral investment treaties. Analysis and synthesis are predominantly used in this thesis as well as comparative and descriptive research methods. The main aim of the thesis is to investigate the possibility of providing diplomatic protection to an apatrid or an individual with multiple nationalities and its conditions. The additional objective was to determine whether the provision of diplomatic protection to a natural person is still requested in case of injury. The main finding of the present thesis is the existence of possibilities to exercise diplomatic protection...
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The climate protection under international law
Prokš, Marek ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
The climate protection under international law Key words: international climatic law, United Nations Framework Convention on Climate Change, Kyoto Protocol Abstract The purpose of the thesis is to analyze the system of climate protection in international law. In the thesis, there is described the history of the part of international law concerning climate changes, the contemporary international climatic law itself, and some of the most serious problems concerning the topic. The reason for my research is to introduce the basic system of international climatic law, as well as to show how modern international law is created. The thesis is divided into five chapters. The first chapter describes the international climatic law as a part of the international environmental law, shows the forms of treaties used in the international environmental law and presents the reasons why the form of framework convention was used in the case of international climatic law. The second chapter analyzes the history and evolution of international climatic law. From the first political declaration to the most recent international conventions, the most important milestones of the development of the international climatic law are shown. The third chapter presents the United Nations Framework Convention on Climate Change itself as the...
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The international law position of child soldiers
Vrba, Jan ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
This work is devoted to international law, particularly humanitarian law and human rights with emphasis on international legal instruments governing the position of children serving in the armed forces. In this work are discussed various international conventions, as well as mechanisms for the protection of child soldiers. The first chapter defines the position of child soldiers and the specifics of their involvement in military conflicts. The decisive criteria for the involvement of children in government armed forces or non-state army is age. Furthermore there is described into more details the mechanism of conscription into the army. There is difference between voluntary and forced recruitment of child soldiers. The various international legal instruments are analyzed more in detail in chapter two. The issue of Child soldiers is addressed with both the rules of humanitarian law, specifically the Additional Protocols to the Geneva Conventions and Human rights conventions. Special attention is paid to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict. Analyzed is the only regional convention addressing the problem of child soldiers -the African Charter on the Rights and Welfare of the Child. The issue of child recruitment is also...
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Diplomatic protection
Čermák, Marek ; Balaš, Vladimír (advisor) ; Ondřej, Jan (referee)
Final thesis Topic: Diplomatic protection Thesis supervisor: JUDr. Vladimír Balaš, CSc. Student: Marek Čermák Thesis on the topic of diplomatic protection deals with the granting of exercise of diplomatic protection by the states and is divided into seven chapters which follow each other. The first chapter describes the diplomatic protection and its historical foundations. The second chapter focuses on the possibility of exercise of diplomatic protection in respect of natural persons and the conditions that need to be fulfilled for the posibility of exercise of such protection. The third chapter focuses on the exercise of diplomatic protection in respect of legal persons and the conditions that must be fulfilled for the posibility of exercise of such protection. The fourth chapter describes the internationally accepted rule of exhaustion of local remedies, as well as exceptions to this rule. The fifth chapter describes the procedures of states where is no exercise of diplomatic protection, but enforcement of protection granted on other grounds. The sixth chapter deals with the procedures of states which are different from the rules of international law. And the seventh chapter describes the procedure of states in situation of granting diplomatic protection.
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International sports law with emphasis on issue of doping in sports
Lebl, Ondřej ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
International sports law with emphasis on issue of doping in sports Key words: international sports law, doping, WADA The aim of this thesis is to describe environment and character of sports law on the one hand and to thoroughly analyse the doping issue in sports as one of highly topical fields of sports law on the other hand. After a general introduction, the second chapter describes problems of definition of the term 'sports' itself and subsequently the relation between sports and law as two distinct phenomena with norms of different nature. Terminological suitability of usage of term 'sports law' commonly used for relation between sports and law is also examined. The third chapter is already focused on international sports, since the international character is a typical attribute of sports law. Crucial characteristics determining the international character of sports law, as the pyramid structure of sports organizations, are explained. The following chapter concerns in more detail international organizations and treaties in the field of sports and their character with respect to public international law. Emphasized is the distinction between governmental and non-governmental international organizations. The thesis does not forget to point out case law, which has a crucial significance for establishment...
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The Permissibility of concurrent Existence of a Foreign Nationality and the Czech Nationality According to the Czech Legal Rules
Emmert, František ; Balaš, Vladimír (referee) ; Hofmannová, Mahulena (referee)
The paper includes a commented summary of development of the Czech legal regulation of state nationality from 1811 to 2010. Special emphasis is placed on permissibility of legal existence of foreign nationality beside the Czech nationality according to legal regulation applicable in the territory of the Czech countries in the respective historic eras (during the Austro-Hungarian monarchy, during the First Republic, under the communist regime and after the year 1990). The paper also includes an overview of general issues of state and dual nationality. The main output is listing the situations in which the existence of dual nationality according to the current legal regulation is permissible and legal.
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Development of the standard of fair and equitable treatment in treaties on protection and support of foreign investment
Forman, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
of the thesis: The thesis deals with the fair and equitable standard of treatment under international investment law. The author notably analyzes scholarly literature and case law of arbitral tribunals concerning the theoretical concept (approach) considering the connection to the minimum standard of treatment under customary international law, but also other approaches depending on the standard's formulation and the possibility of the standard's concept unification. The author firstly puts the fair and equitable standard of treatment into the context of the international investment law and public international law and defines the most important basic terms of the international investment law. Subsequently, the author presents the history of the standard, its basic characteristics and attempts at defining the standard. The author also shortly deals with the content, i. e. individual elements or aspects of the standard derived from the case law of arbitral tribunals. The author then deals in more detail with the standard's concept according to which the standard is equal to the minimum international standard of treatment under customary international law. In this part, the author also focuses on the distinction between minimum standard of treatment in traditional view and dynamic view, next the...
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Legal tools for the protection of diplomatic representations and missions
Pöslová, Ada ; Beránek, Milan (advisor) ; Balaš, Vladimír (referee)
71 Summary The origins of the diplomatic immunities are to be found already in primitive societies, because each tribe was obliged to negotiate with other communities around him. From the beginning, the envoys enjoyed of personal immunity, without which any communication would not have been possible. This usage have been borrowed and developed by posterior states (especially the Roman Empire and the medieval European states were very active in their international relations) and that is the reason why the rules for the exchange and the treatment of envoys were the earliest to be firmly established as generally acknowledged customary law. At these times, the legal principles of diplomatic immunities, which are essential for the protection of diplomatic missions and their personnel, are to be found in the Vienna Convention on Diplomatic Relations, elaborated by the International law Commission in 1961. This Convention represents a progressive codification of all the principal legal rules governing the field of diplomacy. In some cases Vienna Convention even conceived some legal principles which until that time had not been universally recognized. For example article 22, where the inviolability of embassy premises is guaranteed, contains the provision that no pretext of public emergency or abuse by the embassy...
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