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Evolution of climate litigation in European context
Kavalírová, Julie ; Fabšíková, Tereza (advisor) ; Žákovská, Karolina (referee)
Evolution of climate litigation in European context, abstract This diploma thesis deals with the evolution of climate litigation in the European context. The aim of this paper is to describe and map the institute of climate litigation as a whole, to describe its types based on different standpoints and aspects and to describe the historical development of climate litigation in the world and in Europe. This paper further describes five leading cases of European climate litigation in detail. The cases of Urgenda Foundation v. The Netherlands, Neubauer v. Germany, Notre Affaire à Tous v. France, VZZ Klimaatzaak v. the Kingdom of Belgium, and the case of Milieudefensie v. Royal Dutch Shell PLC were thoughtfully chosen based on their connection and the impact they had on climate action in their respective countries. To finish, this thesis aims to find answers to several legal questions concerning climate litigation by comparing those described climate cases. The main methods used in this diploma thesis were the research of legal literature, case law of foreign courts and legal regulations. The conclusions of this paper were gained by analysis of information and subsequent use of different methods of interpretation. This diploma thesis is divided into an introduction and a conclusion and three main chapters, some...
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Legal regulation of climate engineering
Vindušková, Markéta ; Žákovská, Karolina (advisor) ; Fabšíková, Tereza (referee)
Legal regulation of climate engineering Abstract Although climate engineering offers a tempting solution on how to easily avert the threats of climate change, it is a risky and ethically questionable solution, and it brings a whole series of challenges and questions for the legal system. Few sources of foreign scientific literature are dedicated to this topic. Also, some of the Czech diploma theses are devoted to the field. None of them deals with legal aspects of it. Currently, there are several non-binding international documents that directly address climate engineering, and some legally binding instruments are relevant. So far, however, no legally binding instruments that would explicitly regulate this discipline were established. However, some guidance is provided by existing international environmental law treaties and general principles of international environmental law. On the basis of the available literature and legislation in force, the aim of the work was to answer some questions that arise in connection with climate engineering, i.e. whether an environmental impact assessment mechanism can be used for the approval process, how liability should be assessed in the event of cross-border damages caused by a climate engineering project, on what ground would states resolve potential disputes arising...
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Legal regulation of construction waste management in the context of the circular economy
Prucek, Jan ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
The thesis deals with the legal regulation of construction and demolition waste as a specific group of waste, especially with regard to its placement in the context of the concept of circular economy. In addition to the current state of this topic, the historical development of the legislation is presented, as well as the individual methods of construction waste management and related institutes and entities governed by this legislation are defined. The thesis has an introduction, four chapters, each of which presents the individual topics in detail, and a conclusion. The first chapter introduces the concept of circular economy, its development and legal anchorage, as well as its basic principles. The chapter also defines the concept of waste management, going beyond this to present its hierarchy and basic objectives. The second chapter analyses the development of waste legislation with a focus on construction and demolition waste and in addition presents the strategic documents of waste management, which are the Waste Management Plans. The third chapter is devoted to the object and entities of the legislation, i.e. construction and demolition waste, and waste in general, and the persons involved in waste management. For construction and demolition waste, the emphasis is on its definition and...
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Emissions trading system - European Union and China
Krutek, Lukáš ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Emissions trading system - European Union and China Abstract Emissions trading systems are one of the many instruments used in environmental protection policy. This market-based economic mechanism governs the trading of units of selected pollutants, which are for these purposes considered as a tradable commodity. This approach was pioneered by the European Union, whose emissions trading system has over the years become the largest and most successful emissions trading system in the world. The results achieved, but also the experience from the failures of the European system, have attracted international attention and inspired other countries to actively use emissions trading. So far, the People's Republic of China is the latest major subject working to implement a new emissions trading system. The choice of the path towards the establishment of a national emissions trading system demonstrates a desire to become a leading actor in global climate policy and to move towards achieving its goals in line with its obligations under international law, including the ambitious goal of peaking carbon dioxide emissions by 2030 in its rapidly developing economy. This master's thesis introduces and highlights for the reader the basic structural elements common to all emissions trading systems and further details the...
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Legal regulation of management of selected products and their waste
Bielan, Daniel ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Legal regulation of management of selected products and their waste Abstract The selected products are batteries and accumulators, electronic and electrical equipment, tyres and vehicles according to Act No. 542/2020 Coll., on end-of-life products, which regulates mainly specific waste management of these products, as it is lex specialis in relation to the general Act No. 541/2020 Coll., on waste. The secondary aim of the thesis was to describe the foundations of this legislation, and therefore in the first general part common to all selected products, the basic concepts in this area are defined, then a brief development of the legislation at the Czech, European and international level is presented. The most important chapter of the first part is the definition of extended producer responsibility as a connecting link for all selected products. It is described in the context of the legal principles of environmental law, both from the theoretical point of view and from the perspective of applicable law. Of particular importance is the description of the functioning of take-back system as one of the most widely used extended producer responsibility measures. The second part of the thesis focuses only on the area of the legal regulation of batteries and accumulators, which is subjected to an evaluation of its...
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Legal Aspects of Protection of Animals against Cruelty
Bartoňová, Tereza ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
Legal Aspects of Protection of Animals against Cruelty Abstract The diploma thesis provides a comprehensive overview of the current legislation on the protection of animals against cruelty at the international, European and national level. The treatise is divided into an introduction, four chapters and a conclusion summarizing the findings. The first introductory chapter is divided into three sub-chapters and is devoted to the concept of animal rights itself, including the definition of the elementary terms "animal protection against cruelty" and "animal welfare", then ethical, especially religious and philosophical starting points for legislative protection of animals against cruelty, and finally briefly summarizes the historical relationship between humans and animals. The second chapter discusses the transnational regulation of the legal protection of animals against cruelty. Its first sub-chapter is devoted to international agreements, and primarily to European agreements adopted under the authority of the Council of Europe. The second sub-chapter summarizes the legislation of the European Union adopted in the field of animal protection, including historical excursus and current regulation. The most extensive chapter is the third chapter dealing with the national regulation of the protection of animals...
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The legal aspects of teritorial systems ecological stability
Hanák, Adam ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
The Legal aspects of teritorial systems ecological stability Abstract The main topic of this thesis is "Legal aspects of territorial systems of ecological stability". The thesis is divided into 6 chapters, where the first one aims to introduce the reader to the issue by means of legal and scientific definitions. The thesis first deals with the definition of the term and its placement in the legal framework. Since the legal definition does not provide a sufficiently specific idea of the institute, the biological, geographical and ecological backgrounds are also elaborated in the thesis, which complete the overall picture of the spatial measure that is the subject of the thesis. The thesis then proceeds through the aspects of the acquisition of an Ecological Stability Management Plan as a prerequisite for its definition, which is developed in chapter three. Teritorial systems ecological stability can be defined through spatial planning documentation, zoning decisions and land development. As this is an ecological measure that significantly affects property rights, Chapter 4 contains possible aspects related to the implementation of the measure. The fourth part also presents possible solutions to the conflicts between the two competing rights. The thesis also contains considerations on the possible definition...
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Sustainable development of the territory as one of the goals of spatial planning in the Building Act
Lubská, Krystiana ; Fabšíková, Tereza (advisor) ; Derlich, Stanislav (referee)
Sustainable development of the territory as one of the goals of spatial planning in the Building Act Abstract Spatial planning has a major impact on sustainable use of land. In relation to sustainability, land can be understood as soil, i.e. the substrate of fertility, and as a carrier of other natural resources, which include water and minerals. Land use also affects other components of the environment, such as air or fauna. These basic components of the environment are essential for human existence. Territorial changes can result in irreversible effects on these basic components of the environment. At the same time, territorial development is an integral part of our society and our economy. Spatial planning is regulated primarily by the Building Act, which has identified as one of the main objectives of spatial planning the development of the territory, which consists in a balanced relationship between favorable environment, economic development and cohesion of the community, and which meets the needs of the current generation without threatening the living conditions of future generations. The spatial planning process is divided into two stages. In the first stage, legally binding plans or concepts (conceptual tools for spatial planning) are created. In the second stage are made decisions are made on the...
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Legal regulation of wild animal protection
Křížová, Barbora ; Fabšíková, Tereza (referee)
Legal Regulation of Wild Animal Protection Abstract The dissertation deals with the protection of wild animals and its legal regulation. Wild animals are protected within the biodiversity protection and nature and landscape conservation, which can be divided into territorial and species protection, while the dissertation focuses mainly on the species one. In addition to the explanation of basic terms, the dissertation consists of three main parts, which focus on the international, European Union and Czech legal regulation. The first part on the international law analyzes the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on the Conservation of Migratory Species of Wild Animals and the Convention on the Conservation of European Wildlife and Natural Habitats. The next part on the European Union law mentions pertinent conceptual tools and subsequently the relevant directives and regulations. These include, above all, the Birds Directive, the Habitats Directive, the Zoos Directive, the Regulation on the Protection of Species of Wild Fauna and Flora by Regulating Trade Therein, and the Regulation on Invasive Alien Species. The third main part pays attention to the Czech legal regulation. First, representative conceptual...
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Legal regulation of the agricultural land fund
Knettigová, Petra ; Fabšíková, Tereza (advisor) ; Falteisková, Sabina (referee)
This diploma thesis deals with the issue of protection of agricultural land fund in order to define the various legal instruments and try to evaluate the current legislation in relation to the protection of quality and especially the quantity of agricultural land. The agricultural land is one of the most valuable types of land, representing about 54 percent of the total area of the Czech Republic which, however, has been quite negatively affected by interventions causing its loss and deterioration of its quality for decades. Legal instruments should thus be an effective means of averting and preventing growing interference with agricultural land as one of the components of the environment. The aim of this work is to evaluate the legal instruments by which agricultural land can by most affected and thus protected. The whole work is divided into four chapters, the key ones being the last three dealing with the subject of the work itself, ie the protection of the agricultural land, which has been increasingly affected by increasing and accelerating degradation processes in recent years. The first chapter characterizes the key and basic concepts of land and agricultural land which are the basic for the following chapters, and then contains the main sources of land protection legislation, not only...
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