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Public interest in environmental Law
Horáček, Zdeněk ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee) ; Tomoszková, Veronika (referee)
OF THE DISSERTATION ON "PUBLIC INTEREST IN ENVIRONMENTAL LAW" Zdeněk Horáček, 2011 The dissertation examines public interest in environmental law. Due to the lack of professional resources dealing with the very concept of public interest, the dissertation offers its basic definition and relevant connections, but always in relation to the institutes of the environmental law. Interpretive and historical aspects of public interest are analyzed and basic definition features, classification and process of the formulation of public interest, including correction of the improper process, are established. The dissertation specifies public interest in environmental law as a legally defined value of environmental protection shared by whole society. Such a public interest is promoted in all the phases of evaluation and authorization of a project that may be harmful to the environment, in the extent always depending on the specific situation. The dissertation concludes that environmental protection is a worldwide shared value and public interest. In addition, public interest in environmental protection is a criterion for a decision making process carried out by public authorities, and the resulting public interest (adopted solution) depends on the specific circumstances of the situation.
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Real estate expropriation
Svobodová, Klára ; Drobník, Jaroslav (advisor) ; Žákovská, Karolina (referee)
This thesis would like to describe expropriation as an institute of contemporary legal regulation. I decided to write about the expropriation from the view of the land law, because of the object of expropriation. My thesis is focuses on expropriation as interference of power in which the state agency issuing the constitutive act establishing the property right to the person completely different from the previous owner. I started my thesis with the short division of the constitutional bases of the institute property concentrating on land and expropriation, its legal conditions and emphasize differences from the others interferences with the property right in history. The purpose of my thesis is to define expropriation, try to interpret the law provisions, its position in the legal system of the Czech Republic and make a small confrontation by the legal regulations of foreign countries.
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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A comparison of legal regulation of forest protection in the Czech Republic and Sweden
Norman, Michaela ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
Forests extend on about 4 billion hectares on the planet Earth, which makes up approximately one third of the total land area and is probably one of the most important environmental elements on the planet.In the Czech Republic forests cover about 33.7% of its land area.Out of Sweden's total land area, which is 41.3 million hectares, there is 23 million hectares of forest land. That is more than half of its total area. Creation of clear-cut areas, loss of the forests natural evolution information, waste majority of artificial forest, storm or fires are just some of the indicators of unsatisfactory conditions of forests. Therefore there is a strong importance for forest protection by means of legal regulation - International, European and especially national law, to be capable of leaving this heritage in a good condition for future generations. In this work I will focus on the comparison of forestry law in the Czech Republic and Sweden - from formal and also material point of view.
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Legal regime of transboundary shipments of wastes
Konvička, Tomáš ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Legal regime of transboundary shipments of waste The aim of my thesis titled "Legal regime of transboundary shipments of waste" is to deliver a comprehensive analysis of legal aspects of cross-border shipments of waste. The thesis aspires to describe and interpret the various regulations and norms that govern this area, regardless of whether they are of international, European or national origin; it also evaluates whether the legislation provides sufficient tools for protection of the environment and whether the cross-border shipments of waste are desirable from the perspective of environmental protection. The thesis consists of eleven chapters. The first three chapters provide a theoretical introduction to the topic - chapter one contains the basic objectives and definition of the legal regulation of cross-border shipments of waste; chapter two outlines the fundamental principles of the environmental law and their applicability to the shipments of waste; and chapter three introduces the reader to the historical development of the subject matter in question. Chapters four to eight of the paper are devoted to the description and analysis of the legislation currently applicable. The fourth chapter describes international treaties such as Basel, Bamako, and other conventions. The fifth chapter focuses on...
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Genetically modified organisms and legal regulation of their use
Kaplán, Martin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The purpose of this paper is to analyse legal regulation of genetically modified organisms ("GMO"). This work consists of seven chapters and focuses especially on differences in regulations of the United States of America ("USA") and European Union ("EU"). While the USA consider GMO equal to other products and have no GMO specific legal norms, the EU regulates GMOs with directives and regulations which set GMO apart from other products. Conclusions are being drawn in last chapter. It is suggested, that the protective and economic approach to the GMOs should be ballanced out on the international law scene, so that the development of biotechnology is not slowed down too much, while safety to human health and environment is guaranteed.
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Legal regulation of plants and animals protection
Hinková, Gabriela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce This thesis characterises legal regulation of plants and animals protection. In the last decades, there is an increasing loss of biological diversity, which mainly results from human activities. It is therefore necessary to create legal measures that will eliminate the causes of threats to biodiversity and prevent the loss of animals and plants. The purpose of my thesis is to analyse some of the selected most important measures. The thesis is composed of four chapters. Part one describes biological diversity of the Czech republic and the causes of threats to biological resources. Chapter two examines relevant legislation and main approach to legal protection. Part three concentrates on the selected most important legal measures, which are subdivided into conceptual, administrative, economic and voluntary measures. Chapter four describes the conclusions.
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Economic instruments of environmental protection
Drahošová, Michaela ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
The thesis deals with the economic instruments of environmental protection in law of the Czech Republic. The main part of the thesis is focused on the legal regulation of fees. Besides, economic instruments represented by taxes, tradable permits, environmental insurance etc. are addressed. The aim of the thesis is the identification of various types of economic instruments, their classification, systemization and evaluation of their efficiency in comparison with the original legislator's goal.
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The term of waste
Hain, Daniel ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The thesis deals with the legal term of waste . It is focused on definition of waste in international, European and Czech legislation with special accent on Waste Act No. 185/2001. Common parts of definitions are pointed out. Description of terms discard and by-product is provided. The thesis includes decisions of The Court of Justice of the European Union which formed the term of waste . Decisions of Czech administrative authorities are used to support the theoretic analysis of the issue.
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Legal regulation of protection against pollution from mobile sources
Ottomanský, Miroslav ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
Miroslav Ottomansky Legal regulation of protection against air pollution from mobile sources The goal of this thesis is to map tools used for legal regulations of mobile pollution sources. Thesis focuses on problematic regulation of motor vehicles' pollution in Czech Republic, however it also outlines basic legal adjustements related to other mobile pollution sources. Thesis starts with basic introduction to this problematic followed by overview of international legal regulations and main conceptional tools used for legal regulations in European Union. In the chapter dedicated to the principles of european law in terms of regulation of mobile sources' pollution thesis tries to research how are those regulations already being applied to specific legal norms. One chapter is dedicated to protection of rights for convenient environment and their prosecution. In the next part of the thesis the normative regulations within emission standarts, approval of types, requirements for fuel quality and control of emissions of motor vehicles are examined. In the last chapter the new legal adjustment of mobile sources' pollution named in the law of enviroment protection is briefly explained in context with increasing number of problems with regulation of road traffic in cities. Key words: air pollution from mobile sources,...
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