|
|
General approach of international law to torture
Albert, Lukáš ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...
|
|
|
The indirect expropriation of foreign investors
Poništiak, Ondrej ; Lipovský, Milan (referee)
331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
|
|
|
Provisional measures in international human rights law
Zaydlar Hodysová, Petra ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Provisional Measures in International Human Rights Law Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures can therefore be useful tool how to prevent irreparable harm. The aim of my rigorous thesis is to complement my diploma thesis and to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi- judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures, highlighting some specific types of provisional measures and examining whether we can answer the question whether addressees do implement issued provisional measures in proper manner. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines...
|
|
|
The Role of Constitutional Courts in Maintaining Political Stability in Latin America
Langhammerová, Šárka ; Střítecký, Vít (advisor) ; Lipovský, Milan (referee)
This thesis concerns the role of constitutional courts in maintaining stability in the country. The thesis first of all introduces the connection between the concepts of stability, security and democracy. With the help of the general theory of disputes and conflicts formed by Shonholtz and the definition of the various roles that courts can play with respect to a political system, this thesis attempts to outline how courts can contribute to security and stability in the country or how they, on the contrary, can disrupt it. In the practical part, the thesis focuses on the region of Latin America. Using the examples from selected countries (Bolivia, Venezuela and Argentina), this work tries to demonstrate the effect of decisions of constitutional courts on stability and security. Crucial in the assessment of their stabilization role is if the courts are able to evoke civic trust in a democratic system and if they have the ability to protect the system effectively. The role of courts in selected cases is assessed using the functional analysis.
|
|
|
Protection against Discrimination under the European Convention on Human Rights
Konoplia, Oleksandra ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The thesis is focused on the examination of the scope of Article 14 of the European Convention of Human Rights, theoretical framework, and legal basis of the concept of discrimination. The paper presents an analysis of the caselaw of the European Court on Human Rights, how the latter operationalises the issue of inequality, and which inaccuracies of interpretation it leaves. The primary aim is to challenge the system of protection against discrimination under the Article 14 as well as the role of the national actors in its development. The thesis examines the level of compliance among signatories of the Convention with its anti- discriminatory provisions and focuses on the individual capacities of the states to satisfy judgements of the European Court on Human Rights. The usage of the comparative approach also helps to analyse the role of local non-governmental organisations in the process of compliance with human rights obligations under the Convention among signatories. The thesis aims to show why the level of protection against discrimination differs from the one country to another and which obstacles they face on the path towards the respect for human rights.
|
|
|
Silent Leges Inter Arma? A quantitative study examining compliance with international humanitarian law
Mocková, Eliška ; Parízek, Michal (advisor) ; Lipovský, Milan (referee)
The work researches use of prohibited weapons in recent armed conflicts (from 2014 to early 2020). These weapons are prohibited by a set of international rules (treaty and customary) of international humanitarian law (IHL). The research focuses on all the conflicts that are still active to this day (early 2020). These conflicts are both international and more often non-international. The thesis maps the level of compliance, but it goes beyond as it also attempts to identify relevant factors that influence parties to an armed conflict when it comes to the choice to comply or not to comply. The ambitious aim was to identify the most reliable "law-enforcement substitutes" in the anarchical world of international law. It focuses on potential compliance factors such as identity of the parties to the conflict or reputational concerns. Own dataset was created, and a model of multiple logistic regression was utilized to test the hypotheses. The main findings include the fact that none of the factors was able to reliably predict use of prohibited weapons. Moreover, not even the combination of all those factors was able to give a satisfactory picture of the confusing reality on the ground. Other "sideway" findings include a "confirmation" of the popular scholarly belief that compliance with international law...
|
|
|
The Application of the Due Diligence Principle in Cyberspace
Botek, Adam ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The due diligence principle is a well-established general principle of international law. The adequacy of its use proved in many special regimes of international law, especially in international environmental law. Cyberspace is another regime where the application of the due diligence principle is desirable. An adequate application of the due diligence principle might mitigate the problem of attribution of cyber operations and help in denying safe havens of non-state actors, who conduct malicious operations in cyberspace. The adequacy of the application of the due diligence principle in cyberspace is further indicated by the results of discussions in international fora and by the emerging trend of support of the application in official declarations of States on the application of international law in cyberspace. The thesis further suggests how the due diligence principle should be applied by introducing three elements that trigger the due diligence obligation and three possible adjustments to them. It also identifies the essence of some controversial aspects of the application of the due diligence principle and introduces cyber- specific considerations for the determination of breaches of the due diligence obligation and evaluation of lawfulness of responses to the breach, which consist of acts of retorsion...
|
|
|
The Role of International Custom in Public International Law
Šinková, Barbara ; Šturma, Pavel (advisor) ; Lipovský, Milan (referee)
The Role of International Custom in Public International Law ABSTRACT Besides international treaty, international custom is one of the main sources of a public international law. Although international custom is systematically taught in elementary courses of public international law and it forms the basis of this field, it still remains a subject of many discussions. Possible interpretations of international custom are provided by International Court of Justice in its case law, by other authors currently active in public international law and also by the International Law Commission, sessions of which (among other things) aim to clarify this matter. The inconsistency in the identification of the main elements of international custom, the unclear role of international organizations, different theoretical opinions concerning the relationship between general practice and opinio iuris and relationship between treaties and international custom are the core questions of this thesis. To these ends, in its first chapter this thesis firstly delineates the historical development of theoretical constructions concerning international custom. In the second and third chapter, this thesis analyses in detail two elements of international custom (general practice and opinio iuris), which are illustrated on cases of the...
|
|
|
Responsibility of States for Unlawful Acts in Cyberspace
Jirsová, Martina ; Lipovský, Milan (advisor) ; Ondřej, Jan (referee)
Responsibility of States for Unlawful Acts in Cyberspace Abstract This master's thesis addresses the topic of responsibility of states for unlawful acts in cyberspace. It examines the application of current international law rules regarding individual elements of international responsibility of states and it evaluates their effectivity when applied to cyberspace. In particular, this thesis discusses the issue of breach of an international obligation and its attribution to a particular state in cyberspace, which are considered the most challenging issues in practice. In the field of breach of an international obligation, it has been found that states are mainly in breach of various levels of sovereignty of other states. The thesis has focused on an armed attack, threat or use of force, prohibited intervention and other selected issues of less severe violations of sovereignty. Particular emphasis has been put on the due diligence obligation, which has been considered irreplaceable in relation to unlawful acts in cyberspace. With regard to the question of attribution it has been proved that rules contained in Articles on Responsibility of States for Internationally Wrongful Acts are to be applied also to unlawful acts in cyberspace. The issue of attribution of conduct by non-state actors has been discussed in...
|
|
|
Institutional fight against doping in sport
Matějka, Petr ; Balaš, Vladimír (advisor) ; Lipovský, Milan (referee)
Institutional fight against doping in sport The diploma thesis with the title Institutional fight against doping in sport deals with the problematic issues of using banned substances and banned methods in sport or any other violation of anti-doping rule from the point of view of establishing international institutions with worldwide scope of activity with the aim of elimination of doping in sport. After the general introduction into the problematic issues of doping with the description of the historical roots of this unfair sporting practice there is a part focusing on the basic instruments of the fight against doping. A principle of strict liability of a sportsman for a violation of anti-doping rule is described, as well as the list of banned substances and banned methods, the process of testing, the therapeutic use exemption, the whereabouts and the athlete biological passport. In the following part the instruments of the public international law which were concluded by Council of Europe and UNESCO are analysed. The fight against doping in sport is transported through these international conventions on the level of intergovernmental cooperation which reflects the important non-governmental institutions and binds itself to international coordination. The main part of the thesis is contributed to...
|
guest ::
