|
|
Environmental protection in the case law of the European Court of Human Rights
Vyhnánek, Aleš ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
- anglicky The Convention for the Protection of Human Rights and Fundamental Freedoms does not guarantee any right to the environment, in spite of that the European Court of Human Rights developed an extensive environmental case-law. This thesis examines the aforementioned case-law and on the ground of this examination assesses what are the limits of protection granted by the Court to the environment. The thesis focuses particularly on the limb of the case-law in which endangerment of the environment is perceived as violation of certain rights protected under the Convention. Subsequently, from the analysis of the selected cases the conclusion is inferred that the Convention is even in its present-day form an instrument which may contribute to the protection of the environment, nevertheless, its environmental effect in the states which are parties to the Convention will probably not be particularly significant.
|
|
|
Legal regulation of protection of animals against cruelty
Hasíková, Marie ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the European Union. Third chapter includes national legal rules. It defines basic terminology, determines fundamental principles and considers certain sections on the basis of classification of animals according to the Act on Protection of Animals against Cruelty, No. 246/1992 Coll. It summarises sanction legal options and related practice. The last fourth chapter describes legal regulation of this sfere in Ireland, particularly with emphasis on newly passed Animal Health and Welfare Act 2013.
|
|
|
Protection of the environment and the right of ownership
Vycpálková, Veronika ; Žákovská, Karolina (advisor) ; Drobník, Jaroslav (referee)
The purpose of my thesis is to analyse current legislation in the Czech Republic regarding the relation of the protection of the environment and the right of ownership, focusing in particular on the most recent and most controversial issues. A further part of the analysis examines whether the right of ownership actually aids sustainable development of the environment and environmental protection. The changes which entail private recodification are highlighted for affected fields. The methodology is primarily critical analysis of current legislation, including relevant case laws and practical examples. The reason for choosing this subject of research is its topicality, the interest in the protection of environment and expectation of a dynamic development of these issues in the future. The thesis is composed of four chapters. The first two chapters form the theoretical basis required for the subsequent analysis. In relevant areas there are always parts of the interpretation which look at the new Civil Code. Chapter One defines terms such as the right of ownership, the environment and the protection of environment. The subsequent part gives a list of the relevant sources of law that govern the relationship between the right of ownership and the environment, both international and national. Chapter Two...
|
|
|
Legal regulation of protection of animals in human care
Nemravová, Veronika ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This rigorous thesis analyzes in detail the legislation relating to the protection of animals in human care. It is divided into four chapters. The first chapter is dedicated to ethical and legal history of animal's protection and describes the basic terms including animal welfare. The second chapter deals with the legal sources of this protection at international, European and Czech level. The conventions of the Council of Europe concerning the protection of animals in human care are mentioned. The protection of animals has become one of the priorities of the Europen Union and also the new strategy for improving their living conditions was adopted. Czech legal history of animal protection is mentioned too. The thesis refers to Czech legislation of this area including latest novelization. Next chapter analyzes the protection of animals in human care in the Czech Republic in detail. The basic law related to the animal protection against cruelty is the Act No 246/1992 Coll. This act prohibits the cruelty to the animals and defines the activities which are considered as a cruelty to the animals. The issue of homeless and abandoned animals is discussed. In a a case of the cruelty to the animals, the punishment is administrative or criminal penalty. Last chapter deals with the categories of animals. The...
|
|
|
Environmental policy in the context of competition policy within the European Union
Rudolf, Petr ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
This thesis whose topic is "Environmental policy in the context of competition policy within the European Union" I take to make clear, at least in part, the relationship of the environment and competition, from the perspective of European Union policies. I achieve this by analysis of the relationship of basic values of the EU policies, specifically finding their harmony or conflict, or finding harmony and contradictory points. I consider the comparison of objectives and principles as an appropriate means for consultation at the elementary level of this relationship. I also deal with questions whether the primary law of the Union is prepared to a possible conflict of policies and whether in this case governs their relationship. The conclusion of this work is that environmental protection is not in direct conflict, or in full compliance with the protection of competition. The relationship of the two policies and their ideal setting must be considered for each individual case. Individual competition policy goals and values of environmental policy and their implementation can be both, inconsistent and also consistent, due to the rate and method of the regulation of that relationship. The principles of integration and sustainable development define status of environmental policy. The core of this...
|
|
|
Protection against noise and vibrations from the legal point of view
Wulkanová, Jana ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Noise and vibrations belong under the sources of endangerment of the environment and can cause permanent damage of human health therefore it is necessary to legally control them. A protection is provided by a regulation by international and domestic law. The most influence on Czech law have the legislation of the European union. The foundation of the domestic public law regulation is the Public Health Protection Act and the order of the government Nr. 272/2011 Coll. which sets the highest admissible limits of noise and vibrations. The regulation of the private law is centered to the instruments of the Civil Code. The so called new Civil Code brings many changes into this legal area.
|
|
|
Environmental protection and the World Trade Organization
Šmídlová, Klára ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
Environmental protection and the World Trade Organization Klára Šmídlová Abstract The theme of this diploma thesis is the relationship of the World Trade Organization (WTO) to the environmental protection. In its three chapters, this paper carries out an analysis of the historical aspects of this relationship and also of the questions, which are being solved in the present. The first chapter outlines the evolution of the relationship between the international trade and the environmental protection since 1947 when the General Agreement on Tariffs and Trade was concluded. The second part of the paper focuses on the analysis of the provisions of the particular WTO agreements, which approach the issue of the environmental protection in different ways. The case law established by the WTO bodies during solving of the disputes between the member states is especially emphasised in analysis of the provisions of the WTO agreements. Finally, the last chapter is devoted to the research of the relationship between the WTO and multilateral environmental agreements, above all those making use of the trade measures to achieve their goals.
|
|
|
Legal regulation of packaging and package waste management
Bílová, Petra ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This work aims to analyze legislation on the management of packaging and packaging waste. The object of the research is European legislation from the Czech -based treatment, which are discussed in detail. The focus of the work is the chapter dealing with the life cycle of the packaging. The rights and obligations of responsible persons related to different stages of the life cycle of the packaging are in Act No. 477/2001 Coll., On packaging and related regulations set out in detail so as to fulfill one of the basic principles of packaging issues "From the cradle to the grave." The work aims at the systematic distribution of these rights and obligations of the different stages. The last chapter focuses attention on beverage containers, specifically comparing the environmental impact of one-way and returnable beverage containers.
|
|
|
Environmental migrants
Řandová, Štěpánka ; Honusková, Věra (advisor) ; Žákovská, Karolina (referee)
in English - Environmental migrants The purpose of my thesis is to analyse both the status quo as well as the possible evolution of the policy framework of the environmental migration. The thesis is composed of five chapters, each of them dealing with different aspects of environmental migration. Chapter one is introductory and describes an overview of the historical content of environmental migration. Environmental migration is not a new phenomenon. Natural and human-made environmental disasters have caused migration of people in the past and continue to do so. This chapter addresses the linkage between environment and migration, which led to the elaboration of a typology of environmental migration. Chapter two characterises the most frequently used definitions of environmental migrants. Environmental migration has been the subject of lively debate in recent years but there is still no internationally agreed definition of environmental migrant. Chapter three examines relevant current legislation concerned to environmental migration. It discusses refugee law, statelessness, humanitarian law and human rights law. The current legal framework for dealing with the issues surrounding environmental migration is underdeveloped. Chapter four concentrates on possible proposed protection regimes. This...
|
|
|
Environmental impact assessment (EIA, SEA)
Vavřínka, David ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
This diploma thesis deals with environmental impact assessment, and is mainly focused on so-called SEA procedure. The objective of this thesis is to analyse how the Czech law reflects the requirements prescribed by international and European law. The first paragraph provides the definition of the whole concept of environmental impact assessment procedure and enumerates legal principals having a substantial influence on the formation and application of legislation. In the second paragraph, the thesis looks back to the historical roots of procedure and it also describes EIA procedure in details. Furthermore, in this paragraph the main international and European legislation are being analysed. The requirements, which are essential for the Czech legislation, are also being identified. The third paragraph probes the general form of SEA procedure in the Czech legislation and the conformity of the Czech legislation contained in the Environmental Impact Assessment Act making provisions for the requirements of international and European law is examined as well. In the last paragraph, the special form of SEA procedure within the Building Act is being described. Strategic Environmental Assessment is carried out as a part of spatial and land use planning.
|
guest ::
RSS feed.