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Conflict resolution within WTO
Voglová, Andreya ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The object of this work is first to describe evolution of the World Trade Organisation dispute settlement system, which originates from the dispute settlement system under the international agreement GATT 47. Originally it was the diplomatic system without explicit legal regulation, which changed into developed system based on legal regulation of the World Trade Organisation. Next part of this work consists of the analyse of current system regulated by the Dispute Settlement Understanding. The obligatory consultations remain a part of this system. If the agreement is not reached during the consultations, the two-stage proceeding by the panel of experts and by the Appellate Body takes part. The final part of the proceeding is implementation of the decision. Currently the review of the system is in process and many discussions on this issue takes place under WTO, so far with no conclusion. The last part of this work focuses on Banana case III.
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Legal regulation of islands and artificial islands from perspective of international maritime law
Janata, Marek ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
1 Legal regulation of islands and artificial islands from perspective of international maritime law Abstract This master thesis deals with the historical development of the natural and artificial islands and their anchoring in the current legislation. Other parts of the work are devoted to the typological division of artificial islands according to their possible use and outlining the possibilities of states to build artificial islands in marine zones. Since the adoption of the Convention on the Law of the Sea in 1982, there has been no significant codification or international conference on the subject. The only substantial dispute in the last decade over artificial island issues has been arbitration in the South China Sea dispute. The first part of the diploma thesis illustrates the historical development of the legal regulation of the law of the sea from the 15th century to the present. In the 20th century, attention was paid mainly to prevailing opinions and proposals concerning the legal definition of artificial and natural islands. The most important conferences of the 20th century on the topic of islands were the Hague Conference in 1930, the First Conference on the Law of the Sea in 1958 and the Third Conference on the Law of the Sea in 1982. The second part focuses on the legal regulation of...
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The crime of genocide in the light of a judgment of the ICJ
Rákociová, Silvia ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
The crime of genocide in the light of a judgment of the ICJ This diploma thesis addresses the influence of the International Court of Justice (ICJ) decision1 on the crime of genocide. On 22nd March 1993 Bosnia and Herzegovina brought an action against the former Federal Republic of Yugoslavia (FRJ) before the ICJ. FRJ was charged with the breach of the Convention on the Prevention and Punishment of the Crime of Genocide (Convention). After 14 years, the ICJ held decision on 26th February 2007. In the beginning, the Court had to solve procedural issue concerning the position of the Respondent in the dispute and after it positive answer, it could proceed to consider the merits of the case. The important part of the Decision is dedicated to the responsibility of a state for the genocide. Although the Convention did not explicitly anchor it, the Court deduced it by interpretation of the Article I. The prohibition on the genocide is then recognized not only under the customary law, but also in the Convention. Consequently "the Court observes that the obligations in question in this case (...) and the responsibilities of the States (...) are obligations and responsibilities under international law. They are not of a criminal nature."2 Therefore, the standard of proof is not as high as beyond reasonable doubts...
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The U.S.-Russian disarmament treaties and treaties on reduction of armaments and verification of their compliance
Šilha, Jakub ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
This thesis deals with the issue of verification of compliance of the treaties on reduction of armaments and disarmament concluded between the United States and the Soviet Union (now Russian Federation) in the period from the beginning of the Cold War until nowadays when the central point of the analysis is represented by the New START Treaty. In the background of study on the individual treaties, as well as of analysis of these bilateral treaties themselves, the thesis aspires to outline the most important aspects of the used verification regimes, their possible limits and apparent difficulties, and therefore contributes to a better understanding of the individual bilateral contractual approaches. The fundamental thought behind the thesis comes from the knowledge that the issue of verification usually means the feared point of discord in every, not only U.S.-Russian, negotiation between states which is to lead to conclusion of a new disarmament treaty. With respect to this circumstance, the thesis then aspires to prove that the above mentioned and recently concluded New START Treaty is the logical successor to a previously concluded disarmament treaties a that it is also based on experience with the previously applied verification regimes.
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International Investment Protection from Expropriation
Štefánková, Iveta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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Responsibility for the United Nations peacekeeping operations.
Jarkovská, Michaela ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
Summary: Responsibility for the United Nations peacekeeping operations The purpose of this thesis is to analyze an issue whether the United Nations (UN) or troop contributing countries are responsible for the conduct of military contingents in the UN peacekeeping operations. The thesis focuses solely on UN-led operations and on peacekeeping forces - military troops contributed by member states in whole contingents, rather than as individuals. The reason for focusing on peacekeeping forces is their unique hybrid legal status. While they remain in the service of their states, they become for the period of their assignment international personnel under the authority of the UN. This thesis is composed of four chapters. Chapter one describes the meaning and the legal basis of peacekeeping operations and defines which types of operation are subject of the thesis. Second chapter deals with general rules governing international responsibility of states. Chapter three examines legal personality and responsibility of international organizations, in particular the UN. These two issues are closely related because for an entity to bear international obligations, it must first be established that the entity is a legal person. The fourth and crucial chapter addresses the specific issue of responsibility for a conduct of...
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