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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...
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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...
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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...
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The term genocide in international law
Lukáč, Radovan ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
According to the internation law, genocide is a crime commited by persons endowed with state power or is commited with knowledge of the state, violating important norms of international law. Thesis is analyzing term "genocide" since its birth. We owe coining of the term to Polish lawyer with Jewish heritage, Raphael Lemkin, who characterised it in year 1944 in hope, that it will help with prosecution and sentencing of nazi war criminals in Nurnberg. It, unfortunately, did not happen. Their were charged only with crimes against humanity and war crimes. Term "genocide" did not help to prove guilt of unlawful acts of the nazi clique against ethnic and national minorities, but tribunals have subsumed it under terms such as "extermination" or "mass killings". Only after the final judgements were passed and sentences carried out, was Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948. To call unlawful acts a genocide, subjective and objective element must be present. Subjective element requires special intent to destroy, in whole or in part a national, ethnic, racial or religious group. To fulfill objective element, one of the acts ennumerated in Article II of Genocide convention must be commited. Thesis is analyzing term "genocide" as characterised in Genocide...
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Legal status of whistleblowers in relation to the refugee status
Majdáková, Anežka ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
Legal status of whistleblowers in relation to the refugee status Abstract The aim of this thesis is to introduce the whistleblowing issue in context of international law, refugee law specifically. In recent years, there have been several globally significant cases of whistleblowers responsible for leaks of information of i.a. public entities and seeking protection against their own state of nationality in other countries. Despite the worldwide attention that these cases got, the problematics of whistleblowing is not sufficiently covered from the perspective of international law. Especially in Czech law literature, this topic is neglected in such context. The object of the thesis is therefore to provide an overview of the issue and to identify and analyze its controversial aspects. The work is structured from general introduction into the topic, thereafter defining crucial terms and institutes and categorizing them, towards detailed analysis of the status of whistleblowers and each of refugee definition parts in particular. The core of the work itself is constituted of application of these definition characteristics to miscellaneous whistleblower cases, with the purpose of answering the research question whether (and under what condition) could whistleblowers fulfill the refugee definition. In the thesis is...
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LGBTQ issues of the right to asylum and the refugee status
Landaluze Aurre, Jon ; Lipovský, Milan (advisor) ; Plechanovová, Běla (referee)
CHARLES UNIVERSITY FACULTY OF SOCIAL SCIENCES Institute of political sciences LGBTQ issues of the right to asylum and the refugee status Master thesis 2019 Jon Landaluze Aurre Author: Jon Landaluze Aurre Supervisor: JUDr. Milan Lipovsky, Ph.D. Study programme: MAIN Academic Year: 2018/2019 Bibliographic note LANDALUZE, Jon. (2019) LGBTQ issues of the right to asylum and the refugee status. Master thesis. Charles University, Faculty of Social Sciences. Institute of Political Science. Supervisor: JUDr. Milan Lipovsky, Ph.D. Abstract Here we find a thesis on the topic of refugee protection and the specific area of LGBTQ applicants. This is a topic that still nowadays is important to analyze, since the acceptation and evolution of these specific cases is something that evolves throughout the present times. The objective of it is to first define the refugee definition and to see if the definition that is given is actually interpreted in the way that it protects this group of people worldwide. It then goes to analyze the European interpretation of the topic and the issues that usually arise when making decisions about international protection of the applicants, concluding with the problems that actually happen and the possible solutions to avoid them. Keywords Refugees, Asylum, LGBTQ, Persecution, International...
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Procedural status of international non-governmental al organisations before international human rights courts
Janků, David ; Honusková, Věra (advisor) ; Lipovský, Milan (referee)
- PROCEDURAL STATUS OF INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS BEFORE INTERNATIONAL HUMAN RIGHTS COURTS The position of international NGOs within the system of international law or specifically their position before individual international bodies is a topic that the international law theory does not consider very much. Hence, this master's thesis aims to present what role do the international NGOs play in the international arena and particularly places the focus on the procedural roles they may take upon in the european and the inter-american human rights systems. The thesis is divided into 3 main parts and several chapters. The first part deals with the history of international NGOs and delimiting the term. Regarding the latter several definitions are presented and assessed and the differences between the international NGOs and transnational corporations are drawn. The thesis then explores the position of international NGOs as subjects of international law and their role in human rights protection which reflects the topis of the thesis. The second part is devoted to particular roles of international NGOs before the selected courts. The first chapter deconstructs the institute of amicus curiae including the way it is embeded into the systems of both courts and the way it is made use of. This...
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The protection of Indigenous women in the context of Inter-American Human Rights System
Sedláčková, Petra ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The protection of Indigenous women in the context of Inter-American Human Rights System Abstract The aim of the thesis is to identify the means of protection of Indigenous women's rights. The author rises the subsequent questions: (i) which documents of this regional system offers protection to Indigenous women and based on what reason; (ii) what bodies operate in the Inter-American framework and Indigenous women can turn on them; (iii) what violations of rights have been addressed in the jurisprudency of the Inter-American Court of Human rights and what meaning does it have regarding to protection of Indigenous women? The first part contains the crucial documents in the topic of protection of indigenous women's rights. The author refers to the role and relation of both basic regional catalogues of human rights, American Declaration of the Rights and Duties of Men and American Convention on Human Rights. She also refers to a quite recent document, American Declaration on the Rights of Indigenous Peoples that offers expressis verbis some protection to Indigenous women. Apart from that, other documents providing special protection to certain groups are analysed: Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Inter-American Convention on Forced Dissappearence...
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Climate refugees in international law
de Figueiredo Coelho Maciel, Natália ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
Displacements caused by climate-related events have been on the rise throughout the last decades. The effects of climate change in displacement of people is still a field in construction. The people displaced due to the environment were first denominated as "climate refugees" or "environmental refugees". This thesis aims to examine the protection of the so-called "climate refugee" under international law. The main issue of the thesis relies on the fact that there is no general agreement on the refugee status of the "climate refugees". The refugee regime has the 1951 Convention as its cornerstone, and as such, the analysis of the Convention is crucial to comprehend who can be a refugee. The 1951 Convention is not the only legal instrument in the refugee regime. There are other legal documents capable of guaranteeing protection for refugees. This thesis discusses two other relevant legal instruments dealing with refugee protection: the OAU Convention and the Cartagena Declaration. It analyzes the refugee definitions and the main features of these specific documents. The three documents will be used to establish what sort of protection the "climate refugees" are entitled to under international law. The thesis will use two judicial decisions to evaluate the hypothesis of "climate refugee" being...
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Unilateral secession in international law
Chowdhary, Chetan ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
4 Bibliographic note CHOWDHARY Chetan, Unilateral Secession in International Law: The cases of Kashmir and Catalonia, 84 p. Master thesis. Charles University, Faculty of Social Sciences, Institute of International Relations. Supervisor: JUDr. Milan Lipovsky, Ph.D. Abstract: In the recent times, unilateral secession in International Law has come under widespread discussion with the major issues revolving around the circumstances under which a minority group or sub-state can secede from the state incorporating it. The study focuses on the principles of self-determination, an important factor to secede from a state over which international law has an ambiguous stand. International Law regards unilateral secession to be legal only in the aspects of decolonization as a last resort, that is one of the reasons why Kosovo remains unrecognized by the United Nations. The study focuses on two important cases i.e. Kashmir and Catalonia and compares them with Kosovo and Western Sahara respectively to understand the stance of International law on their demands for secession. The examination of these cases reveals that historical violence and injustice are not the only factors influencing the secessionist demands in Kashmir; similarly, the reasons for the demand for secession in Catalonia extend beyond collective identity...
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