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The Right to Privacy Deconstructed: International Law in an Age of Virtual Surveillance
Prijatel, Alan ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
Bibliographic note: PRIJATEL, Alan J. The Right to Privacy Deconstructed: International Law in an Age of Virtual Surveillance, 72p. Master's Thesis. Univerzita Karlova (Charles University), Faculty of Social Sciences, Institute of Political Studies: Prague, Supervisor: JU. Dr Milan Lipovský, Ph.D. Abstract: In order to understand the process to which the right to privacy operates under current international and regional legal frameworks, we ask ourselves the question if "the digital age" merits an interpretation of privacy unique to this phenomenon of cyberspace. If indeed the right to privacy can be interpreted in this way, we ask whether or not there is a deficit to legal protections to the. This "right to privacy in the digital age" will be taken in context of international law, conventions, principles, and norms in addition to being explored in case-law from the European Court of Human Rights to draw an understanding of the right to privacy in the digital age- if any such right does indeed exist. This thesis essentially, as the title implies, "deconstructs" what puts together the right to privacy and examines what parts of the law that was intended to fortify privacy in the first place, has shortcomings to its defense. I am arguing that there indeed are normative deficits to the right to privacy. In...
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Legal status of medical personnel, especially of the International Committee of the Red Cross in armed conflicts
Bejdák, Matěj ; Pulgret, Miroslav (advisor) ; Ludvík, Jan (referee)
The aim of this thesis is to describe the legal status of medical personnel in armed conflicts. An emphasis is laid upon the medical personnel of the International Committee of the Red Cross. The scope of the first part of the thesis is the legal framework governing armed conflicts which is the international humanitarian law; its essential principles, applicability and branches are mainly covered. Further, the thesis describes the status and tasks of the International Committee of the Red Cross within international law. Lastly, the legal status of medical personnel in armed conflicts is described. Since the medical personnel belong among persons protected under the Geneva Conventions of 1949, the vast majority of this part is dedicated to the protection which the international humanitarian law grants to the personnel. The primary (related to the medical personnel themselves) and secondary (related to medical buildings, symbols, etc.) protection is distinguished.
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The Involvement of the International Criminal Court in Investigating Crimes outside Armed Conflict
Patková, Lucie ; Werkman, Kateřina (advisor) ; Pulgret, Miroslav (referee)
The thesis deals with the question, in which situation the International Criminal court would probably open an Investigation of such crimes by an international body is a delicate question mainly with regard to a great extend of intervention into a state sovereignty, which manifests itself also as jurisdictional sovereignty. The thesis focuses on the case of Kenyan post-election violence in years of 2007 and 2008 and the aim to suppress Libyan revolution of 2011. Besides, the work is based upon the theory of (liberal) institutionalism, which could hopefully be applied to the international-law case of investigation of the crimes committed outside an armed conflict. Within the framework of the thesis I try to reveal criteria determining whether the International Criminal court opens or not an investigation to a situation of human rights abuse. For the purpose I take into consideration world and local country status, character of the perpetrators, extend of the attacks, country's relation to the great powers, as well as readiness of the country to prosecute the perpetrators within the national jurisdiction. As conclusion I try t compare the findings from the part applying liberal institutionalism and from the case studies.
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Immigration Policy of the European Union: Legal Status of Third-Country Residents
Krivenkaya, Yana ; Pulgret, Miroslav (advisor) ; Knutelská, Viera (referee)
This master thesis deals with the issue of development of the EU immigration policy and expansion of the rights of third-country nationals who have been legally residing in the territory of the Union throughout this development. The aim of this thesis is to outline the crucial milestones in the form of primary and secondary legislation that led to the broadening of the scope of rights of third-country nationals in the Union, while examining their legal status in the Union in general and in the Member States in particular. The first part of this master thesis introduces the historical background, outlines the development in context of the European Union and provides the categorisation of legal third-country nationals residing in the territory of the EU, whereas the second part of the thesis deals with transposition of European legislation into national legislation of the selected Member States - Germany and the Czech Republic - while drawing a line of compliance and emphasising local requirements that were introduced in addition to (but not exceeding the scope of limitation provided by) EU legislation. In order to be able to determine the quality and ease of fit between the EU and the receiving Member States the descriptive content analysis is employed. In the second part of this thesis it is case...
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Compliance with EU law in disability policy: Czech Republic, Slovakia, Poland, Hungary
Píchová, Marta ; Kučerová, Irah (advisor) ; Pulgret, Miroslav (referee)
This work analyses compliance of disability policy in the states of Visegrad group, i.e. Czech Republic, Slovak Republic, Poland and Hungary. It examines legislation adopted at the supranational level and their subsequent implementation in the policies of particular national states. It deals with the development of policies for people with disabilities since 1989 with the emphasis on similar historical development in these countries. It describes in detail various national strategies, legal acts and measures adopted, possibilities their enforcement and public attitude towards the issue. The outcome of this study is to compare disability policies in the examined countries while the research shows that in the Czech and Slovak Republic the compliance rate is significantly higher than in Poland and Hungary. Powered by TCPDF (www.tcpdf.org)
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Child soldier status in international law and the application of international law to protect him
Dudková, Kristýna ; Pulgret, Miroslav (advisor) ; Kučera, Tomáš (referee)
Children are one of the most vulnerable category of people on the world and their rights are breached very often. Because children do not have enough strong voice to protect themselves, there are many legal documents designated to their protection. However there are some states which are not bound by these documents and there is only limited possibility of enforcement state parties to documents about child protection to follow them. Children's rights are abused during armed conflicts as well, when children are used as child soldiers. My thesis deals with legal documents about status of child soldier in international law, how children are protected against misusing them as child soldiers during armed conflicts by international law, what is a definition of a child and a child soldier in first part. The thesis is focused on legal protection of child soldiers in some areas of the world and how efficient this protection is in next part. Practical part of my thesis shows that the issue of using of child soldiers is still vivid, because children are still used during armed conflicts around the world. I show possible solutions which would decrease number of child soldiers around the world at the end of my thesis.
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Legal and Political Dimension of International Trade in Endangered Species of Wild Fauna and Flora
Ulík, Karel ; Pulgret, Miroslav (advisor) ; Landovský, Jakub (referee)
The thesis deals with the issue of compliance in the context of international treaties on protection of endangered species. Two important treaties are subject of the analysis - the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (known as CITES) and the 1946 International Convention for the Regulation of Whaling. My research focuses on the question whether member states comply with their obligations arising from the treaties. If they do not, then I look for a response to the violation such as use of compliance instruments (e. g. sanctions) and its effect on the breaching state, mainly if the response (if there was any) was successful in making the state come back into compliance. Finally, based on experience with CITES, ICRW and other multilateral environmental treaties, I attempt to design some of the new ICRW compliance mechanism features in order to increase its effectiveness.
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Role of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda in International Relations
Křižáková, Markéta ; Pulgret, Miroslav (advisor) ; Landovský, Jakub (referee)
This bachelor thesis deals with the role of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda in international relations. Thesis tries to answer the question, which role both tribunals have in legal and political sphere. In legal sphere, by using judicature, the thesis focuses on how both tribunals contributed to the development of international humanitarian and international criminal law. Future is examined if and how political aspects influence activities of the tribunals, decision- making of judges and cooperation with states. Finally, the thesis seeks to elucidate the post- conflict situation in the states. How tribunals contributed to punishing violation of international law, how contributed to restoration and maintenance of peace and national reconciliation.
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Transformation of neutrality concept in theory and practice of selected European states
Mikušková, Radka ; Romancov, Michael (advisor) ; Pulgret, Miroslav (referee)
Proměny konceptu neutrality v teorii a praxi vybraných evropských států Abstract The thesis explores the emergence of a unique concept of neutrality within each the three neutral European countries: Sweden, Switzerland and Austria. In then examines changes in the policy of neutrality over time within each compared states, with emphasis on the post - Cold War transition from a bipolar to a multipolar world order. It is concluded that the end of the Cold War has had a marked influence on changes in the concept of neutrality within each of the compared states, largely because of the emergence of novel threats which can be now more effectively controlled through international cooperation as opposed to unilateral action by a single nation.
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UN sanctions against Iran
Hulvejová, Jana ; Bříza, Vlastislav (advisor) ; Pulgret, Miroslav (referee)
The bachelor thesis UN sanctions against Iran deals with the issue of proliferation and international sanctions - an element in the strategy to prevent proliferation in the Middle East. In order to halt Iran's efforts to become a nuclear state, the UN Security Council adopted several rounds of sanctions targeting mainly Iran's nuclear programme, its trade and finances. However, Iran's continuous defiance of international isolation and political pressure and its refusal to give up the nuclear programme raise the inevitable question of the sanctions' efficacy. The first part of the thesis constitutes an introduction to the issue of international sanctions, it presents the history of Iranian nuclear programme and also the response of the international community not only in the form of sanctions, but also negotiations. It attempts to analyse the security threat posed by Iran, its defending arguments and probable motives. The second and third part of the thesis deal with the sanction measures imposed on Iran. The author examines the individual UNSC Resolutions and their subsequent implementation, gradually moving towards the assessment of the effectivity of sanction measures with an emphasis on economic and psychological impact and how it affects the nuclear programme. The thesis attempts to analyse the...
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