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Legal regulation of forest protection in the context of bark beetle outbreak and climate change
Matoušek, Oliver ; Pokorný, Jiří (advisor) ; Sobotka, Michal (referee)
Legal regulation of forest protection in the context of bark beetle outbreak and climate change The aim of this thesis is to analyse current legal regulation of forest protection in Czech law, primarily areas related to ongoing bark beetle outbreak with the focus on forest management. In the interest of presenting the topic in its broader context, elementary aspects of forestry and other nature sciences are briefly discussed. Author also evaluates and gives his opinions on the current legal regulation and its imperfections throughout the thesis. The thesis is divided into four main parts. The first part serves as a brief introduction into the subject matter of the thesis i.e. legal regulation regarding forest protection. The first chapter of this part discusses the term "forest" from the point of view of natural sciences and details the importance of forest and different forest functions. Second chapter of the first part discusses factors harmful to forests, mainly bark beetles, droughts and climate change and the concurrent effect of those factors. Second part of the thesis maps the evolution of Czech legal regulation and tries to find parallels between previous and today's legal regulation. Oldest discussed legal document is the Maiestas Carolina of the 14th century. Thesis then moves on to the...
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Effort sharing as a legal measure of climate protection
Srb, Jáchym ; Pokorný, Jiří (advisor) ; Sobotka, Michal (referee)
Master thesis "Effort sharing as a legal measure of climate protection" strives to give a comprehensive account of the key characteristics of the effort sharing system, which is one of the two principal EU mitigation tools of the EU. In order to provide a better insight, the thesis first discusses the topic in context of economic theory and international law on climate. The thesis itself is divided into four chapters. First chapter defines the object of climate regulation i.e. greenhouse gases their production and the legal framework of their measuring and accounting.Second chapter focuses on the economic background of climate regulation and it compares different theoretical approaches with existing regulation in force on international and European level. Third chapter gives basic account of the international framework of climate law and specifically on the international mitigation obligations of the EU, which are relevant for the EU law. Fourth and final chapter describes the main aspects of the effort sharing system in contrast to the EU ETS. It draws mainly from the Decision no. 406/2009/ES, which is currently in force and the Regulation no. 2018/842, which will shape the effort sharing system for the 2021 - 2030 period. In four sub- chapters it focuses on the definition of regulated emission...
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Liability for environmental damages
Traurig, Vítězslav ; Sobotka, Michal (advisor) ; Pokorný, Jiří (referee)
Thesis title Liability for environmental damages Abstract This thesis deals with the position of the institute of liability for environmental damages in the Czech legal order. This is a relatively complex issue in the field of environmental law, which has been constantly evolving. The environment extends beyond national borders, therefore legislation of the environmental protection, including liability for environmental damages, is strongly influenced by international law and, in particular, European law. Liability for environmental damages is one type of the liability for environmental losses and together with liability for public torts (crimes and contraventions) it forms the concept of legal environmental liability. The aim of this work is to analyse the institute of liability for environmental damages in detail and to analyse its individual aspects in a comprehensive way. Because of the fragmentation of legislation and different views of individual acts on the concept of environmental damages, this thesis focuses on the analysis of these views and explanation of the acts' purposes. The most important and in practice the only legislation applied in this area is the system of imposing preventive and remedial measures in the acts regulating individual environmental components and sources of environmental...
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Criminal Law Protection of the Environment
Kříž, Jan ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
Criminal Law Protection of the Environment The subject matter of this diploma thesis is the topic of criminal law protection of the environment in the Czech Republic. The main attention is paid to the current legal regulation of criminal offenses against the environment in the Criminal Code. In addition to a more detailed analysis of the individual criminal environmental offenses, the thesis deals with the basic theoretical background of the criminal law protection of the environment, with the issues of legal liability in the field of environmental law and with the comparison of criminal liability with administrative liability. Further is discussed the question of criminal liability of legal entities in connection with environmental protection and at last but not least is also described the historical development and current forms of individual international, European and national legal sources of criminal protection of the environment. Keywords: Environmental Protection, Criminal Liability, Environmental Crime
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Legal aspects of water retention in the landscape
Houžvičková, Markéta ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Legal aspects of water retention in the landscape Abstract This diploma thesis deals with the legal aspects of water retention in the landscape in response to the current problems associated with impaired landscape retention capacity such as drought, erosion or floods. The author first outlines the factual and legal context of the issue, which is followed by an analysis of conceptual, administrative-legal and economic instruments of the Czech legal order that can improve water retention capabilities of the landscape. The diploma thesis analyses the relevant instruments of the Water Act, Forest Act, Act on the protection of agricultural land or Act on protection of nature and landscape. Consequently, it deals with the role of land-use planning, land consolidation and environmental impact assessment for the issue. The thesis includes comprehensive evaluation of the relevant legal regulation in terms of its effectiveness and possible proposals de lege ferenda.
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Public participation in land-use planning
Dvořák, Adam ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Legislation of handling of special sources of danger to the environment
Michálková, Tereza ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Sobotka, Michal (referee)
Thesis "Legislation of handling of sources of danger to the environment" Abstract The thesis deals with material sources of danger to the environment in terms of legal forms of environmental protection from negative impact of these sources. The topic was narrowed at the beginning of the thesis to waste and chemicals so now it represents these two huge and significant groups of threats to the environment. The reason to narrow the topic was existence of a very large scale of different sources of environmental danger and that could cause shattering of the topic during writing the thesis. The thesis describes in individual chapters various forms of waste and chemicals handling in mutual relationship with legal obligations of subjects of law. The thesis at the same time attempts to evaluate valid legislation in terms of sufficiency of legal obligations and whether these obligations are clear and specific enough to enable high level of protection of the environment and human health (at least). Czech waste management legislation is massively influenced by directive of European union waste law, so the thesis compares intention of union legislator (if it is available) with the results of czech transposition. The waste and chemicals handling chapters are connected with supporting chapter about various forms of legal...
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Legal instruments of energy efficiency
Kudlík, Leoš ; Pokorný, Jiří (advisor) ; Sobotka, Michal (referee)
Legal instruments of energy efficiency Abstract and key words The diploma thesis deals with energy efficiency as a unique source of energy. The subject of this thesis is to specify key legal instruments of energy efficiency, i.e. conceptual, administrative and economical instruments. The diploma thesis is divided into five chapters. In the introductory chapter, being called Energy Policy, there is a brief outline of the background of energy politics on both the international and EU level, including environmental protection. This introductory chapter also ranks the Czech Republic among countries with high energy performance. Energy efficiency is the opportunity to lower its energy performance. The second chapter, Legal Instruments of Energy Efficiency, defines legal instruments of energy efficiency as a part of environmental protection. This chapter is a general one; the instruments are concretized in the following chapters. In addition, this chapter focuses on the principle of sustainable development, as well as issues related to human factor, climate conditions and rebound effect. The third chapter, called Conceptual Instruments, provides further information relating to conceptual strategies of energy efficiency. For the EU conceptions, key directives are mentioned to regulate energy efficiency, namely the...
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Legal regulation of watersourse protection
Altmann, Martin ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
Thesis title: Legal regulation of watercourse protection Abstract Watercourses are the most important form of surface water occurrence in the Czech Republic, and therefore their condition also significantly affects the overall state of all our aquatic ecosystems. Despite of it, the ecological and chemical status of watercourses is still not satisfying. This fact requires an increase in the efficiency and complexity of their legal protection, which is the subject of this thesis. The aim of the first part of this thesis is to describe the national legal regulation of watercourses protection in the context of European and international law. At present, national and international legislation is significantly influenced by European legislation provided by the Water Framework Directive. The first part pays attention to the instruments of national legislation, that are relevant to the second part of the work. The first aim of the second part of this thesis is to analyse the basic measures proposed in the two selected sub-basins in order to achieve the objectives of the Water Framework Directive, particularly the good water status. Following this analysis, the second aim is to find out what specific instruments the current legislation provides for the realization of the proposed measures and whether these...
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The legal regulation of the environmental impact assessment
Vondrášková, Terezie ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The main goal of this thesis is to provide a description and analysis of the Environmental Impact Assessment (EIA), which is one of the significant legal tools of environmental quality protection. This process precedes the development consent to the project and his purpose is to identify and comprehensively evaluate environmental impact of a project. The first part of this thesis is focused on the international and European legal context of the EIA. This part introduces the key international treaties related to the EIA (the Aarhus Convention and the Espoo Convention), then an example of the EIA's integration into policy of one of the international organisations (an example of the World Bank) and the reflection if the EIA procedure can be considered as part of the international customary law. In the second part of this chapter the context of the European law (especially the revised Directive 2011/92/EU) and the current Czech legal regulation is outlined. The second part of this thesis consists of the analysis of the Czech legal regulation of the EIA under the Act No. 100/2001 Coll., on the Environmental Impact Assessment, with the emphasis on its recent amendments (especially the amendment of Act No. 326/2017 Coll. effective from 1 November 2017). In this part the essential elements of the EIA...
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