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International mutual investment promotion and protection agreements
Strählová, Michaela ; Balaš, Vladimír (referee) ; Šturma, Pavel (advisor)
Bilateral Investment Treaties, Czech Investment Treaties, Illustrated on Case CME v. CR The purpose of my thesis is to analyze the progression of investing in foreign countries, multi- and bilateral investment treaties, explain the most common structure and define the key terms of these documents. Living in Czech Republic, I focus on treaties that Czech Republic is bound by. To illustrate the topic based upon real life experience, I chose to describe a case well known to the public, the case between CME and CR. The thesis itself is composed of six chapters, each of them dealing with different aspects of international investment law. Chapter One explains the reasons why I chose this theme for my work. It also explains the goals set forth in this thesis. Chapter Two is an introduction to the topic itself. It describes the situation in the global market and the need for mutual consent in the area of cross border investing. It also provides a brief history of cross border investing. Chapter Three is the most voluminous of all chapters. Its contents include the bilateral investment treaties (also referred to as "BIT") generally. The chapter is subdivided into six parts that reflect the six central terms present in all BITs. These terms are as follows: investment, investor, treatment of investments,...
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Journalist's freedom of expression in the light of European convention on human rights and case law of European court of human rights
Lopour, Martin ; Balaš, Vladimír (referee) ; Hubálková, Eva (referee)
114 6. Summary "Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual's self-fulfilment."320 A journalist is a person who tests the above mentioned statement through his work almost every day. "Although journalists, or the media for that matter, are not mentioned in paragraph 1 of Article 10 of the European Convention on Human Rights, which is devoted to freedom of expression, a great deal of the case-law of the European Court of Human Rights concerns journalists and the proper functioning of the mass media. Media professionals are typically the main beneficiaries of a liberal freedom of expression regime. When States decide to clamp down on freedom of expression the journalists are the first to be affected. In this body of case-law the Court has laid down several principles that apply in cases concerning journalists and the media."321 This thesis entitled Journalists' Freedom of Expression in the Light of European Convention on Human Rights322 and Case Law of European Court of Human Rights323 reacts on fact that this subject-matter has not been so far systematically analysed in Czech written literature. The intention of this paper was to fulfill the gap because it is undisputed that journalists'...
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Legal tools for the protection of diplomatic representations and missions
Pöslová, Ada ; Beránek, Milan (advisor) ; Balaš, Vladimír (referee)
71 Summary The origins of the diplomatic immunities are to be found already in primitive societies, because each tribe was obliged to negotiate with other communities around him. From the beginning, the envoys enjoyed of personal immunity, without which any communication would not have been possible. This usage have been borrowed and developed by posterior states (especially the Roman Empire and the medieval European states were very active in their international relations) and that is the reason why the rules for the exchange and the treatment of envoys were the earliest to be firmly established as generally acknowledged customary law. At these times, the legal principles of diplomatic immunities, which are essential for the protection of diplomatic missions and their personnel, are to be found in the Vienna Convention on Diplomatic Relations, elaborated by the International law Commission in 1961. This Convention represents a progressive codification of all the principal legal rules governing the field of diplomacy. In some cases Vienna Convention even conceived some legal principles which until that time had not been universally recognized. For example article 22, where the inviolability of embassy premises is guaranteed, contains the provision that no pretext of public emergency or abuse by the embassy...
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