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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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Current Frame of Religious Freedom in the System of European Protection of Human Rights
Jekielek Henzl, Barbora ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee) ; Lipovský, Milan (referee)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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International legal aspects of civil aviation security
Havlíková, Kateřina ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
International legal aspects of civil aviation security Summary The main focus of this thesis is to analyze the existing legal instruments that the international community has at its disposal in order to secure safe international air transport and its protection from unlawful acts. As the current level of global security tightens, the topic of civil aviation security can be perceived as especially topical. Seen from the perspective of a perpetrator, air transport, including each element of its infrastructure, represents a valuable target. This thesis analyses the legal instruments and evaluates the importance of the legislative functions of the International Civil Aviation Organization ICAO within the framework of the proclaimed risk based approached. The risk-based approach should gradually prevail over the traditional reactive approach firmly established in the existing multilateral treaties dealing with civil aviation security. This thesis is divided into 7 parts. The first of which outlines the genesis of unlawful acts in civil aviation and takes into account the importance of those events for legislative development in the area of air security. Part two deals with selected modern trends in civil aviation security shaping the existing legal regime. Threats of terrorism and cyberterrorism as a present day...
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Legal aspects of weapons of mass destruction
Stoklasová, Barbora ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
LEGAL ASPECTS OF WEAPONS OF MASS DESTRUCTION, ABSTRAKT V ANGLICKÉM JAZYCE The aim of this rigorosum thesis is to create an overview of weapons of mass destruction (including their development and history, combat deployment and their subsequent effect on the international community), to evaluate their status and combat deployment on the basis of custom or international agreements and to further critically evaluate the newest regulation of weapons of mass destruction (i.e. development from the latter half of the 20thcentury), its effectiveness as well as possibilities of further development. In general terms, this thesis deals with international law, only briefly touching legislation on the national level. The first chapter consists of a brief introduction. The second chapter includes a list of basic terminology, e.g. definitions for weapons of mass destruction, biological, chemical and nuclear weapons, international law, law of war, law of customs, international agreements, forbidden means of combat and prohibited ways of conducting armed conflicts. The third chapter deals with the development of chemical weapons from their early history all the way to current regulation. The fourth chapter contains information on chemical weapons beginning with their first development and their original ("absent")...
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