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World Trade Organization and European Union - the International Trade Aspects of their Relationship
Nasková, Dominika ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
World Trade Organization and European Union - the International Trade Aspects of their Relationship The purpose of this thesis is to provide an overall and comparative insight into the relation of the World Trade Organization and the European Union, both being the most influential entities in scope of international trade. The relationship of these two organizations is complex and needs to be assessed with regard to various circumstances - primarily, there is a questionable relationship between the legal systems of those entities, complicated by the attitude of the European Union towards the law (or agreements) of the World Trade Organization. Secondly, both the European Union and the World Trade Organization represent individual and separate entities acting in the area of international trade and thirdly, the European Union is a Member of the World Trade Organization. All these dimensions play a key role when defining the relationship between those entities. The thesis commences (first chapter) with the overview of the development of international trade and organizations with the purpose of regulating this area. Second and third chapter deal with basic terms relating to the World Trade Organization and the European Union - their development, instruments, aims and forecasts. World Trade Organization...
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The choice of law and court in international trade
Bříza, Petr ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
The dissertation thesis deals with choice of law and choice of court in the area of international trade, as governed by the EU and international legal instruments. The thesis is divided into 4 basic chapters, its centerpiece being chapters II and III, which contain a detailed analysis of choice of law and choice of court in the EU legal instruments and also in international agreements. Chapter I is an introduction of the topic, while chapter IV brings a summary of findings and conclusions made throughout the thesis. The introductory chapter brings about the justification, why it was choice of law and choice of court, which have become the subject matter of the thesis. Right at the beginning, the importance of these tools for international transactions is demonstrated; principle of party autonomy, which is reflected in these tools, plays a key role here. It is party autonomy principle and its history, what is analyzed in the first part of this chapter, while the author comes back to this pivotal (and nowadays in principle universally respected) principle also in other chapters, always in relation to the specific legal instruments dealt with therein. The introductory chapter also discusses the reasons, why parties conclude choice of law agreements and it also analyses under which circumstances they...
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State Aid in the international law
Traurig, Vojtěch Pavel ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Dolanská Bányaiová, Lucie (referee)
State aid law is one of the most important categories of the competition law in the European Union. The state as such has an unprecedented advantage compared to other competitors: the state disposes of a huge amount of funds which could be easily distributed in favor of the privileged undertakings. The risk of the distorting effect on competition is high; thus, strict rules are necessary. The thesis is divided into five parts: introduction, the part focusing on international treaties, the general part, specific provisions and the conclusion. Part two of this thesis deals with the respective international treaties relevant for the aid schemes. There are three groups of such international treaties: the Agreement on Subsidies and Countervailing Measures adopted in the WTO system, the anti-aid measures in the European Economic Area and the anti- subsidies mechanism towards the third countries (i.e. non-members of EEA or WTO). This part describes these three mechanisms and their common principles. Part three of the thesis is dedicated to the general provision. Section 3.1 deals with the term "state aid", describes the main criteria for qualification of the aid as a state aid incompatible with the internal market. I also focused on two judgments of the Tribunal which I considered important for the used...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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Sharia Law, particularly Islamic banking, in relations with international elements
Hrdličková, Ivana ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Charles University in Prague Faculty of Law Abstract of the dissertation The title of the dissertation: Sharia Law, particularly Islamic banking, in relations with international elements Author: JUDr. Ivana Hrdličková Supervisor: Prof. JUDr. Monika Pauknerová, CSc., DSc. Prague, February 2012 Key words: Islamic finance, sharia, mudaraba, musharaka, murabaha, ijara, sharia compliant, international law, choice of law, contract, riba, gharar, maisir. The dissertation, Sharia law, particularly Islamic Banking in the relations with international elements, considers an actual topic and branch of islamic law. Neither islam nor islamic law is a legal system applicable at any particular territory. However, legislation of the countries with majority of muslim population, is based, more or less, on islamic law. Whereas due to migration and globalization, islamic law unavoidably interferes in international law. The legal regulation of international private law under the terms stipulated by the law leads to the use of foreign law. One can thus meet the legislation based on islamic law, including in the field of contract law. In commercial contracts, where the one side is from countries where islamic law is a source of legislation, may be the choice of law (in accordance with article 3 of Rome I), which form's the basis...
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Internet and Private International Law
Zezulka, Denisa ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
This thesis deals with the union between the most modern communication channel yet - the Internet, and private international law. This relationship is not accidental, because the Internet provides a means through which subjects are able to communicate with each other across the world. In its simplest definition, the Internet can be defined as a worldwide system of interconnected computer networks. However, from a legal perspective - the Internet is not a legal subject in its own right, it does not have any legal obligations and therefore does not exist. The Internet is however, undoubtable a part of our every day lives. The initial focus of Internet legislation was only on the technical aspects. However as the number of Internet users has grown, the need for more specialized legislation also has. Often this specialization is assembled through the interpretation of existing laws. This thesis provides a detailed mapping of such private international laws and Internet law - which should be regarded as a separate legal specialization. It is found that the Czech Constitution and other constitutional laws provide a base for private international law at the country level; The Act on Private International Law and Rules of Procedure also provides legislation, which may be regarded as specialized. At the...
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Liability in international air transport
Novotná, Klára ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
en.docx Abstracts Adjustment of legal relations in international air transportation, which includes the regulation of liability in international air transport is a typical example of the arrangement of relations with an international element. Their treatment is part of private international law. Adjustment of liability for international air transport is, from the point of treatment methods used, direct treatment, and is part of the multilateral international treaties also called unification. These international treaties are the material law and for the parties are binding because they become part of their national law. Legal regulation of liability in international air transport is currently include in legislation contained in the Warsaw Convention, the Montreal Convention and European regulations (Regulation No. 261/2004, Regulation No.2027/97 and Regulation No. 1107 /2006). From the point of the contractual arrangements of a single unification is currently the primary source of law in international air transport arrangements contained in the Montreal Convention, after European regulation and in last place is rule contained in the Warsaw Convention. Unified treatment of liability in international transport gradually unified definition of terms in international air transport, shipping documents,...
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Distribution Agreement in the International Business Law
Navrátilová, Gabriela ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Poláček, Bohumil (referee)
of Dissertation Title: Distribution Agreement in the International Business Law Author: Mgr. Gabriela Navrátilová Tutor: Prof. JUDr. Monika Pauknerová, CSc, DSc. Legal Field: Law Institution: Charles University 1. The dissertation is divided in two parts, the first part is interested in the distribution agreement from the practical and theoretical point of view. Explication of the title distribution agreement is the substantive suppose for the understanding this institute in the field of the international business law. 2. The first part is based on the definitions of the title distribution agreement, legal provisions of each member states of the European Union, comparison and franchising agreement, with which the distribution agreement is compared. This part is divided into the divisions about distribution agreement (A), franchising agreement (B) and comparison of distribution franchising agreement. 3. Division about distribution agreement specified the legal provisions on the distribution according to the legal system of the Czech Republic, EU with the specialization on the article 4 Regulation Rome I, it investigates the rules decisive for the application of the conflicting rules of law - direct method. After that there is the legal analyze of the distribution agreement as the two or more...
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The European payment order and the European proceedings for small claims
Chmelík, Jakub Evan ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Dolanská Bányaiová, Lucie (referee)
Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: European Order for Payment and European Small Claims Procedure Author: Mgr. Ing. Jakub E. Chmelík, LL.M. June 2010 1 General Overview The topic of my dissertation work is European Order for Payment and European Small Claims Procedure. In particular, I examine two European regulations relating to European private international law: (i) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and (ii) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. An older Czech translation of the term "European Small Claims Procedure" (Evropské řízení o drobných pohledávkách) essentially corresponds to the current official Czech translation (Evropské řízení o drobných nárocích). 2 Aim, Structure and Content The aim of my research is to analyze the legal provision of the European order for payment and the European small claims procedure. As a part of this analysis, I also attempt to describe the key correlations between these two regulations and Czech civil procedure regulations. Another aim of my research is to compare European regulation with...
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