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The principle of prevention in environmental law
Dvořák, Libor ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The principle of prevention in environmental law The principle of prevention as one of a common legal principles plays also a key role in environmental protection. Once the environmental damage occurs, the remedy is more costly in all aspects, including economical ones. Moreover, some damage can be irreversible. Thus, modern environmental law and policy is based on prevention. The implementation of the principle is not only reduced to pollution prevention, but in broad meaning, to damage prevention. In secondary legislation, the principle of prevention is realized primarily through general prevention obligation (Act on the environment, Waste act, Water act, Nature protection act etc.). Environmental impact assessment is the essential instrument for implementation of prevention principle in environmental law. The environmental assessment covers plans and programs (strategic environmental assessment, SEA) and individual projects (environmental impact assessment, EIA) likely to have significant adverse effects on the environment. The most important result of environmental assessment are mitigatory measures including measures to prevent or reduce any environmental damage deriving from the implementation of the plans and programs or projects. Waste prevention is also a typical field for application of the...
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Polluter Pays Principle in the Environmental Law
Vícha, Ondřej ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Drobník, Jaroslav (referee)
A B S T R A C T of the dissertation "Polluter Pays Principle in the Environmental Law" JUDr. Ondřej Vícha The Doctoral Program¨"Theoretical Legal Sciences", Law Faculty, Charles University in Prague This thesis deals with the legal aspects of the the polluter pays principle (PPP) within the environmental law. The aim of this thesis is to provide an overview of current definitions of this principle and its application in the International, European and national Czech law. The text is devided into ten chapters. After the introduction, the thesis ruminates on legal principles in general, their status and function in the legal system and in the environmental law specially. The third part holds forth on development and functions of the PPP and its relation to other legal principles of the environmental law. The polluter-pays principle represents among the OECD countries, respectively at the European level, for quite a long recognized and practically applied economic and legal principles leading to internalize the costs of environmental protection, which are transferred from states to the real polluters, who pollutes environment by their production or other economic activities. The history of this principle reflects a gradual shift in meaning. At first, the Recommendations of the OECD and the EC referred to the...
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The remedial measures in the protection of the environment
Derlich, Stanislav ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Průchová, Ivana (referee)
The remedial measures in the protection of the environment. This thesis focus on the remedial measures which belong to legal instruments and create an integral part of the public law. The public bodies, which are responsible for the enforcement of public interests, are in charge of enforcement of remedial measures to be done. As in the international law, the state is primarily responsible for remedying of damages arising from activities under its jurisdiction. Despite the remedial measures are incorporated into almost all legal enactments, the quality of the legislature is rather low and this legal tool has been beyond the academical interest. The remedial measures represent one of the most important instruments of the environment protection and are closely connected with the principles of the environment protection, i.e. the principle of the sustainable development, the polluter- pays principle, the preventive principle and the principle of the State responsibility. The remedial measures create a part of the measures within the environment protection, which primarily work as subsequent measures and partly as continuous and preventive ones. The remedial measures comprise different kinds of measures, the main goal of which is to remedy changes which are considered to be undesired from the legal and...
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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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Viniculture and wine-production from the legal point of view
Švábová, Pavla ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
This thesis aims to provide an insight into the legal rules governing viticulture and winemaking, and their historical development. Furthermore, the current legal and factual situation as well as the current issues associated with the legislation in these fields are more closely examined in the thesis. An anonymous questionnaire had been created and sent to a selected group of small and medium-size viniculturists and wine producers in the Slovacko wine subregion in order to supplement the research and its aim of presenting the current legislation from de lege ferenda point of view.
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Czech nuclear law
Künzel, Karel ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
89 Abstract The topic of the thesis concerns Czech nuclear law. Nuclear law can be defined as a set of special legal norms adjusting the terms of the nuclear energy and ionizing radiation usage, protection of population and environment against ionizing radiation, radiation accidents solving and treatment of radioactive waste. As such, nuclear law fully adjust the behaviour of all the natural and legal persons who are concerned with activities connected to the nuclear materials, ionizing radiation and natural resources of ionizing radiation. The field of nuclear law is closely connected to the branches of science dealing with the nuclear energy and ionizing radiation usage; therefore, the factual issues of which at least the fundamental knowledge is necessary for the understanding of nuclear law are given space at the beginning of the thesis. In its provisions, Czech nuclear law adjustment also reflect a number of international treaties and European Union regulations. On account of this, the next part of the thesis deals briefly with the international and European nuclear law adjustment. Important international organizations of the field are mentioned as well. The core of the paper consists in the part concerning the outline and analysis of the present adjustment of Czech nuclear law. The taxonomy of this...
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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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Legal regulation of hazardous waste management
Špicarová, Michaela ; Sobotka, Michal (advisor) ; Damohorský, Milan (referee)
This study analyses legal regime of hazardous waste management. Study analyses international legal regime and describes the most important conventions and agreements and also introduces relevant international organizations. Next part of study is about European legal regime of hazardous waste, on which is based Czech regulation. Final parts deal with Czech regulation. There si briefly introduced Act no. 185/2001 and short history view. Last part deals with every method of hazardous waste management and also analyses waste hierarchy.
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Legal tools for the protection of world forests from the legal point of view
Bílý, Tomáš ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Legal Instruments for Protecting the World's Forests from the Perspective of Law The aim of this thesis was to create an overview about the legal instruments for the world's forests protection with excursions into other instruments, i.e. political, scientific and voluntary. In order to achieve this goal, the text starts with a brief description of the importance of forests for the everyday life on the Earth, continues with the main part listing the legal instruments for protecting the forests at the national, European and international law level and ends with the discourse on voluntary instruments and certifications for world's forestry.
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Restriction of right of ownership for environmental protection reasons - a comparative study of legal systems
Pospíšil, Allan ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Müllerová, Hana (referee)
of the doctoral thesis entitled: "Restriction of right of ownership for environmental protection reasons - a comparative study of legal systems" The right of ownership and the exercising of the right of use resulting from this rank among the fundamental human rights and are to be universally observed. However, due to its very nature, the individual's right of ownership has to be restricted. On the one hand, in order to ensure the exercising of the right of ownership and other basic rights by other legal entities. On the other hand, in order to ensure the enforcement of matters of public interest. One of the most important matters of public interest, which requires the restriction of the right of ownership, is the protection of the environment. The subject of this thesis is the restriction of the right of ownership for environmental protection reasons and is based on a comparison of the legal systems of both Switzerland and the Czech Republic. This thesis, written in the Czech language by the jurist who graduated in law at the Law Faculty of the University of Zurich, is intended in particular for jurists and other interested parties from the Czech Republic. This is why the author pays special attention to the formulation and representation of the legal framework governing the restriction of the...
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