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Legislation of shipment of waste in European union
Novák, Adam ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
in English A shipment of waste in European Union is really important part of the waste economy. A need of its control raised with the free movement of goods in the EU, because the unlimited shipment of waste would lead to irreplaceable damage on the environment. Regulaton No. 1013/2006, which is the most important document in this area, had to be properly adapted, that it could be its applicaton secured. The main topic of my thesis is just not only the analysis of the Regulaton No. 1013/2006, but also the comparison of its adaptaton in the Czech Republic and Germany.
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Selected topics from climate change law with a focus on the transfer of technologies
Vrbová, Zuzana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The first chapter of this thesis discusses the recent development of climate change law. It explores the reason as to why it is at the centre of a global debate, which is predominantly due the increasingly pronounced consequences of climatic changes on human society and the environment. Furthermore, it describes the most important requirements in tackling the issues presented by international climate change treaties. This includes the United Nations Framework Convention on Climate Change, acting as a base for the whole international climate change regime, the Kyoto Protocol as a legal tool with specified emission targets and most recently, the Paris Agreement, which serves as an independent international treaty however is still under the guidance of the framework convention. The author predicts that the Paris Agreement will determine the future direction of this legal field and therefore puts particular focus on this treaty in the first chapter of the thesis. The paper aims to uncover its weaknesses - questioning the enforceability of some of the measures that rely on the autonomy of states to implement and the lack of ambition in some of its targets. The second chapter expands on one of the key issues related to the main topic. The author emphasizes how the importance of environmentally friendly...
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Legal instruments of waste management
Humpálová, Šárka ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The purpose of my thesis is primarily to describe the system of the waste management instruments and their role in the environmental protection and to analyse if the system is working well and is able to reach the outlined binding goals in the future. Due to the planned legislative changes the attention is paid to the individual sources of law. Although I focused more on the national law, I did not forget to mention the international and European law either. In the partial conclusions and in the finale of the thesis itself I summarize and generalize acquired knowledge and try to indicate some of the weak spots in the waste legislation.
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Right to a favourable environment within the regional human rights systems
Lipowský, Petr ; Stejskal, Vojtěch (referee) ; Sobotka, Michal (referee)
The aim of the diploma thesis is the analysis of the right to a favourable environment, or to the protection of the certain quality of the environment with a focus on the regional human rights systems. This diploma thesis is divided into three chapters. The first chapter outlines the evolution of human rights at the universal level and certain related problems that accompany this evolution. The second chapter is concerned with the overview of the human-rights based approaches to the protection of the envrionment which include inter alia the effort for the recognition of the separate right to a favourable environment. The third chapter examines the evolution of the right to a favourable environment, or to the protection of the certain quality of the environment within the regional human rights systems so it concentrates on the control mechanisms of the relevant regional systems and their activity in the area of the protection of the environment. The conclusion deals with the evaluation of the evolution of the right to a favourable environment within the international law, focuses on the comparison and assessment of the common and different features of the regional human rights systems and indicates the future trend.
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Legal aspects of protection against radon
Fojtíková, Olga ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
The aim of this diploma thesis is to present legal instruments used by the state to protect citizens from indoor radon and its decay products, to assess their effectiveness and to indicate possible pitfalls in their application. The paper first describes the radon issue from the perspective of natural sciences, introduces the unique Czech approach - the Radon Program, and describes handling of the issue by the state administration. The main emphasis is put on the development of related legislation, especially in the field of atomic and building law, where the state's approach to guidance levels is critically evaluated and where some recommendations for building management are mentioned. The legislation is also closely associated with the provision of state subsidies for anti-radon measures. Current developments are evaluated and options potentially leading to an improved effectiveness of this instrument are outlined. From a practical point of view, the paper is complemented by a case report based on private law and the related protection by civil law instrument.
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Conflict of environmental protection with the right to inviolability of the home
Chobotová, Tereza ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The protection of fundamental rights and freedoms is the basic element of every modern democratic society. These rights are regulated in many international treaties and at the same time the states set them out in their constitutions. The Czech Republic is no exception. In the application of fundamental rights conflicts occur from time to time, and one of the rights must retreat to another. This thesis deals with the collision of the right to favourable environment and the right to inviolability of the home. The main theme is the new regulation of the Act no. 201/2012 Coll. on Air Protection, which from January 1st , 2017 allows the direct control of the combustion stationary air pollution sources and fuels in the households.
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Legal responsibility for marine pollution
Pekařová, Markéta ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the problem of oil pollution of the marine environment caused by vessels. At the beginning of the thesis, the most important international agreements dealing with the protection of the marine environment and conventions regulating the cooperation of states in the elimination of the consequences of oil pollution are introduced. The thesis focuses mainly on the international conventions governing liability of an individual entity due to oil pollution of the oceans, but also briefly deals with the question of the state liability. The work analyses relevant US legislation, and compares this with an examination into the stance of the European Union and the Czech Republic with regards to this problem. In conclusion, some provisions of the international conventions are subjected to criticism and possible changes to the legislation are proposed.
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Czech nuclear law
Staněk, Ondřej ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Czech nuclear law. The purpose of the nuclear law is to regulate the conditions of use of nuclear energy and ionizing radiation in order to ensure protection of people and environment from the adverse effects of ionizing radiation. Because of highly technical nature of nuclear law, the first chapter is devoted to possibilities of use of ionizing radiation, and to outline few of relevant technical terms. The second chapter of this thesis deals with international cooperation in the area of use of nuclear energy and ionizing radiation. The third and fourth chapters are devoted to Czech nuclear law with main focus on environmental aspects. While the third chapter defines the principles and tools of environmental protection in the field of nuclear law and introduces the structure of legal norms in this area, the fourth chapter analyzes the regulation of specific activities related to the use of ionizing radiation. Included are chapters concerning construction of nuclear facilities, transport of radioactive substances, decommissioning of nuclear facilities and radioactive waste management. Disregarded is neither regulation of liability for nuclear damage. In conclusion, the thesis highlights weak points of the legislation and delineates possible solutions de lege ferenda,...
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The dynamical disconnection of sunspots from their magnetic roots
Bárta, Tomáš ; Švanda, Michal (advisor) ; Sobotka, Michal (referee)
The thesis tries to verify a model for dynamic disconnection of sunspots from their magnetic roots proposed in the publication "The dynamical dis- connection of sunspots from their magnetic roots"(Schüssler & Rempel, 2005, Astron. Astrophys. 441, 337). In order to accomplish this task I conducted a numerical simulation, including a computation of a quiet Sun model using the OPAL opacity and equation of state tables. While simulating the time evolution of sunspot we retained the steps as are in the reffered article. The quiet Sun model corresponded well with other quiet Sun models, which are considered to be state-of-the-art. However, I was not able to reproduce the results fully as I didn't observe the dynamic disconnection. I suggest a more thorough testing of the presented code. 1
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