|
|
Conflict in Syria - Reasons and legality of the participation of selected entities
Tříska, Jakub ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Conflict in Syria - Reasons and legality of the participation of selected entities Abstract The aim of this diploma thesis is to provide some insight into the legality of the participation of selected entities in the syrian conflict. In this thesis legality is examined from two perspectives. The first is a historical perspective, which is represented by the Just war theory, which gives the most comprehensive overview of the use of force in the pre-war period. The second, more modern view of the issue is from the perspective of contemporary international law, represented primarily by the UN Charter. The thesis itself is divided into three parts. The first part explains the issue of the use of force in international law, which is divided into historical section, that provides a basic overview of the Just war theory, focusing on 6 criteria of Ius ad bellum - Just cause, Right authority, Right intention, Proportionality, Reasonable hope and Last resort, where the individual criteria are explained and placed in the context of modern law, and a contemporary section, which provides an overview of the use of force in current international law, focusing on Articles 2 and 51 of the Charter. The second part outlines the issue of conflicts from the perspective of international law with a focus on the division of...
|
|
|
Legal regulation of the status of private persons in space law
Zíka, Tadeáš ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Legal regulation of the status of private persons in space law Abstract This thesis deals with the issue of regulation of rights and obligations of private persons in space law. It aims to determine to what extent public space international law addresses private persons, what obligations international treaties impose on private persons and how states adapt them into their national legal systems. The first chapter of the thesis presents the historical background against which space law has developed and which has had a significant impact on its current form. Subsequently, space law is defined, placed in the context of public international law and compared with the most similar legal regimes - the law of the sea, the law of the airspace and the Antarctic treaty system. The second chapter focuses on introducing the various space treaties that form the core of international space law. These treaties are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention and the Moon Agreement. In addition to a general introduction, the thesis focuses in particular on those provisions from which implications for the activities of private parties can be inferred. The chapter also introduces key international governmental and non-governmental organizations active in the field of...
|
|
|
The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip
Vavrečková, Pavla ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip Abstract In this thesis the main implications of the changed nature of armed conflicts on the principle of distinction are being discussed. The thesis opens with a look into the changed nature of armed conflicts and the implications of thereof. Further it concentrates on the parties involved in asymmetrical conflicts. With the raise of asymmetrical conflicts and appearance of terrorist groups as significant non-state actors, a discussion about the status of their members needed to be opened and - possibly - their rights and obligations reassessed. Regardless of their asymmetrical nature, these conflicts are still to be governed by international law treaties that have been adopted in a time, where more classical state vs. state wars were the norm. The effective international law therefore does not sufficiently reflect the nature of today's conflicts. On this account, the principle of distinction is being closely explored in this thesis in order to provide an understanding, whether it is indeed able to encompass the nature of terrorists. The thesis discusses that the distinction under the effective LoAC is vastly black and white and assessing a situation basely on the provided...
|
|
|
The Crime of Genocide before the international criminal institutions
Gerle, Marek ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The Crime of Genocide before the International Criminal Institutions Abstract The crime of genocide constitutes one of the fundamental institutes of international criminal law that is directed against human rights violations perpetrated on a scale that affects the whole international community. It differs from other crimes under international law in its emphasis laid on the protection of selected groups of persons, the specific intent aimed at the destruction of those protected groups, as well as other aspects contained in its definition. As a response to the Holocaust the crime of genocide was defined for the first time by the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. It was this very definition that was adopted to the statutes of international criminal institutions and is currently recognised as a peremptory rule. This thesis is dedicated to the crime of genocide in its form determined by the case law of UN ad hoc international criminal tribunals along with other international judicial authorities. The corpus of decisions taken by these authorities represents the preeminent source of matter concerned that provides the means to present a conceivably thorough perspective of the institute in question within the given scope. Furthermore, the author employs findings of the...
|
|
|
Legal regime of natural resources of celestial bodies
Pepřík, Šimon ; Pelikánová Urbanová, Kristýna (referee)
1 Legal regime of natural resources of celestial bodies Abstract The aim of this thesis is to describe the legal regime of the natural resources of celestial bodies. In recent months and years, there has been an increase in debates regarding mining on the moon and asteroids and this thesis dedicates its seven parts to the legal regime of such activities. In particular, whether such activities are possible from the point of view of international law, how are they regulated and what are the potential future developments in this area. In order to understand the legal regime governing the natural resources of celestial bodies, it is necessary to first become acquainted with the essential concepts of space law, including outer space, celestial bodies and outer space resources, whose definition is the subject of the first part of the thesis. The second part describes the development of international space law, from the first mentions in legal commentary to the creation of two important international documents in this area, the Outer Space Treaty and the Moon Agreement. Both international treaties are analysed and compared in individual chapters both in terms of their international acceptance and in terms of the regulation of activities in the field of outer space resources. Subsequently, their possible future...
|
guest ::
