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Legal Protection of Inanimate nature
Hynčicová, Kateřina ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis comprehensively analyse the issue of legal protection of inanimate nature. The thesis analyses the legal protection of inanimate nature only by Czech law and the primary source of this thesis is the Act No 114/1992 Coll., on the Protection of Nature and Landscape. The thesis is divided into two parts. The first part of thesis focuses on the specific legal protection of particular elements of inanimate nature in the Czech Republic, such as caves, paleontological resources and mineral resources. In this part, thesis analysis how these elements are protected by the law and how effective this protection is in practice. The second part of thesis focuses on territorial protection legal tools in the context of inanimate nature protection in terms of both general and special legal tools. It analysis legal protection of significant landscape elements and landscape character as well as inanimate nature protection through regulation of specially protected areas including Natura 2000 European protected areas. In this context the attention is also paid to protection of inanimate nature elements as protected habitats of animals and plants and their importance for the conservation of biodiversity. In addition to the comprehensive analysis of legal protection of inanimate nature in the Czech Republic...
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Integrated pollution prevention and environmental protection
Bareš, Andrej ; Žákovská, Karolina (referee) ; Humlíčková, Petra (referee)
Thesis describes the latest legislation of integrated pollution prevention and control effective in the Czech Republic after 19 March 2013 including relevant European Union law especially Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). First two chapters deal with the sources and principles of integrated pollution prevention and control (hereinafter only "IPPC"), focusing on the principle of a comprehensive approach to the environment and its integrated protection, the principle of prevention and on public involvement in the IPPC permit procedure. The fourth chapter explains selected basic terms of IPPC, such as installation, permit and Best Available Techniques (BAT). In the field of BAT thesis deals with the new status of the Reference Document on Best Available Techniques (BREF) in the IPPC permit procedure, with the procedure for the drawing up and reviewing of BREFs, with their structure and with the exchange of information on BAT. The fifth chapter classifies the IPPC permit procedure into the overall process of implementation of the plan and defines its relationship to the environmental medium Acts. The sixth chapter defining the subjects of proceedings evaluates the rules of...
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Legal regulation of air pollution on municipal level
Dvorská, Michaela ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The thesis deals with the legal regulation of air protection on the municipal level. It is focused on providing an overview of legal instruments which are available on the municipal level, as well as the evaluation of their sufficiency and efficiency and point out the most significant instruments and some shortcomings of recent legislation. Some chosen instruments embodied in Czech law are compared with relevant German regulation. Also some specific, arguable constitutional aspects are taken in consideration and evaluated. The thesis provides a comparison of the old and the new Act on the Protection of Air at the field of interest.
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Legal principles of environmental protection
Kučerová Tvardíková, Tereza ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
The main purpose of this thesis is to analyze and discuss different aspects of six selected environmental legal principles and to describe their role in three legal systems: international law, EU law and the Czech law. The chosen principles are: complexity and integrity principle, prevention principle, precautionary principle, access to information and public participation principle, and liability principles including polluter pays principle. The thesis is divided into three main chapters. Chapter One is introductory, defines legal principles from several points of legal - theoretical view and sets basic terminology used in the thesis. Chapter Two focuses on environmental law in its entirety and consists of two parts. The first one describes the system of environmental law and the role of legal principles within, part two enumerates environmental principles expresse d, explicitly or implicitly, in legal theory and crucial documents. Chapter Three is a key part of the thesis as it examines fundamental selected environmental principles in six separate sub-chapters. Each principle is firstly defined and its genesis, importance and significance described , then the author examines legal documents (including court decisions) to show how the given principle behaves in International, European and Czech Law.
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Restrictions of the land ownership (causes and legal forms)
Kratochvíl, Jan ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
In the context of efficiency the new legislation particularly of the private law and also within the changes regarding public law this thesis attempts to substantiate and specify various forms of restrictions of land ownership. It also deals with the specification of causes that lead to these restrictions and emphasize the nature of ownership. Emphasis is besides explaining of necessary legal concepts devoted also to the analyse new legal principles, institutes and provisions as well as their impact on the regulatory environment. According to the factual division the thesis analyzes and explains by the existing and new legislation selected restrictions of land ownership within the private and public law. Evidence of these various restrictions and even the potential harm compensations also have their importance, and are therefore also in the thesis included.
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New legal regulation of the protection of air quality
Drastíková, Lenka ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The theme of the theses is the new legal regulation of air quality protection in Czech Republic, which is mainly represented by the Act no. 201/2012 Coll. on Air Protection. The opening chapters deal with the definitions of the basic terms in this legal area, the characteristic of the main air pollutants and the development of the air protection legal regulation in Czech Republic. The treatise on the new legal regulation is divided by the legal instruments of air quality protection - the individual chapters deal with conceptual, administrative-legal and vindicatory, economical and specific instruments. The final chapter contains the summary of the major changes and the evaluation of the new legal regulation.
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Nuclear waste deep repositories in the law
Kasl, Jakub ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
The thesis deals with nuclear waste deep repositories in the law. With exception of long- term storage the nuclear waste deep repositories represent the only technical solution currently available to deal with the increasing volume of highly radioactive waste and spent nuclear fuel. The planning and construction of nuclear waste deep repository entails number of problems and challenges, both from technical and legal perspectives. The thesis aims to describe current legislation regarding the management of radioactive waste and spent nuclear fuel within the territory of the Czech Republic with a particular focus on planning and construction of a nuclear waste deep repository. There is step by step described procedure of planning and constructing a nuclear waste deep repository under the current legislation. Within this description the author evaluates the current legislation and identifies its major issues. Subsequently, the author reflects on the cause of these issues and proposes their solutions.
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Precautionary principle and its role in environmental protection
Krabec, Jakub ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
in English The diploma thesis addresses the precautionary principle and its role in environmental protection. In the introduction the author deals with the origins of application of this principle, its definition and its primary characteristics. Precautionary principle is distinguished from prevention principle and differences between terms principle and approach are assessed. Subsequently the thesis describes the current state of incorporation of precautionary principle in the individual areas of environmental protection and specifies the typology of various incorporation methods. Furthermore, significant case law regarding the subject principle is introduced and the current importance of the principle is evaluated. Substantial arguments of precautionary principle critics are also included. In the final part of the thesis, the author outlines de lege ferenda ideas concerning the precautionary principle, including efficient methods of incorporation of the principle, solutions to flaws of current regulations and draft of template provisions of precautionary principle application.
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Principles of international climate change law
Kotelenská, Lucie ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
This diploma thesis deals with the topic of principles of international climate change law. At the beginning of the thesis the issues relating to principles in general and their role in environmental law is briefly described. Then the topic of international regulation of climate change is presented in brief, including the analysis of actual conditions and a summary of the current situation. The next chapter in detail deals with the various principles which may be found in the international climate change law and its protection and which are typical for this area. Primarily, these principles include the principle of common but differentiated responsibilities, the principle of precaution, the principle of cooperation and sustainable development, and also other principles are briefly mentioned. The particular principles are at first introduced in general and subsequently their effects in the climate regulation area are analyzed, including also a brief evaluation of the principles and outline of the recent situation. Furthermore, certain de lege ferenda notions are introduced when appropriate.
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Economic tools in international treaties for the protection of the environment
Hlaváčová, Jana ; Faix, Martin (advisor) ; Žákovská, Karolina (referee)
The subject of this thesis is the usage of economic instruments (EIs) in multilateral environmental agreements (MEAs) and their relation to international economic law. The thesis aims at analysing and evaluating the possibilities of using economic instruments, their potential to ensure the compliance with the treaties' provisions and assessing, under which conditions it is possible to use them in compliance with the international economic law. As a lot of economic instruments operate with restrictions to international trade in several manners, they can get in conflict with the law embodying this area, namely the law of the World Trade Organization. The thesis therefore analyses the main principles and provisions of General Agreement on Tariffs and Trade that can affect the usage of EIs in MEAs. Most attention is paid to the interpretation of exemptions from the Agreement that can legalize such restrictions. Trade-Related Environmental Measures shouldn't be discriminatory. They shouldn't present arbitrary or unjustifiable restriction to trade against the principles and provisions of the WTO agreements. Such restrictions can only be made based on international agreement. The case of trade restriction based on MEA wasn't yet considered by Dispute Settlement Body and the answer hence depends on the...
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