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Legal aspects of agroforestry systems
Hruška, Marek ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Legal Aspects of Agroforestry Systems Abstract The thesis is devoted to a thorough analysis of the legal aspects of agroforestry systems in the context of Czech law. However, attention is paid not only to the Czech law, but also to the European Union regulations, which partly regulate the issue of agroforestry as one of the sustainable approaches to agriculture. The aim of the thesis is to acquaint with the legal aspects of agroforestry, their selected typified agroforestry systems as well as individual woody elements that make up agroforestry systems. Space is devoted to both private law issues and, in particular, public law issues supplemented by relevant case law. Given the specific nature of agroforestry, this thesis is permeated by a wide range of legal disciplines, among which environmental law dominates, complemented by the aforementioned European law, civil law, tax law, administrative law and constitutional law. The objective is also to offer relevant de lege ferenda considerations with regard to the specific nature of agroforestry. Part of the rigorous thesis is an international legal comparison especially in relation to the legislation of the Federal Republic of Germany due to the proximity of its legal culture, landscape and climate. The thesis is divided into 4 main chapters. The first one is...
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Legal aspects of waste management in the context of municipal development
Volkeová, Pavlína ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Legal aspects of waste management in the context of municipal development Abstract The thesis examines the various legal aspects of waste management, with a particular focus on the municipal level. The necessity to manage waste in an efficient manner has been evident since the advent of settled communities, and thus the perception of waste issues has evolved over time. Currently, waste management is extensively regulated by national legislation, which is also influenced by European regulations. The thesis primarily draws upon the fundamental law pertaining to this issue, namely Act No. 541/2020 on waste. The thesis is intended to reflect this legislation and the establishment of the waste management system in the Czech Republic, with a particular focus on the role of municipalities within the waste management framework. The thesis is structured in four parts, each addressing a distinct aspect. The first part of the thesis is entitled "Waste from the perspective of environmental law" and contains the fundamental legal framework and an introduction to the key concepts of the issue, which are essential for comprehending the entirety of the topic. The second part of the thesis is entitled "Environmental instruments related to waste" and contains three basic instruments - conceptual, administrative-legal and...
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Legal status of the municipality in waste management
Brdlík, Vojtěch ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Legal status of the municipality in waste management Abstract This thesis focuses on the analysis of municipal obligations in waste management, which arise from the relevant provisions of the Waste Act as well as the relevant EU legislation. The main obligation examined is the obligation of municipalities to ensure that a certain proportion of municipal waste generated by the municipality is separated within their territory, which is derived from the provisions of Section 59(3) of the Waste Act. The anchoring of this obligation derives indirectly from the primary objectives of waste management within the meaning of Section 1(1) of the Waste Act. Answering whether the municipality has sufficient legal and non-legal instruments to achieve the set waste target is the primary research question of this thesis. Therefore, the different instruments (administrative, conceptual, economic) that ultimately lead to higher municipal waste separation rates are discussed in detail. Furthermore, this thesis explicates in detail the way in which the rate of separate waste segregation in each municipality is determined in order to determine the rate of compliance with the waste target. The analytical part, in relation to the primary research question, deals with the current position of municipalities, where a quantitative...
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The EU Emissions Trading System and its contribution to climate protection
Kaiserová, Veronika ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis deals with the European Union Emissions Trading System. The EU ETS, abbreviated from EU Emissions Trading System, serves as a tool for reducing the amount of greenhouse gases in the air, operating on the polluter pays principle and economically motivating the actors concerned to act more environmentally friendly. It is one of the most important instruments for combating climate change and plays a key role in the European Union's efforts to achieve its climate policy and sustainability objectives. The first part of the thesis deals with the legal sources that regulate this issue. First, it briefly introduces the most important international conventions that laid the basis for further cooperation between states in environmental protection. The EU regulations are then elaborated in more detail, mainly in the form of directives and regulations, which constitute the legal basis of the EU ETS itself and further modify it. Finally, the thesis briefly discusses the legal acts in Czech Republic. The next part of the thesis deals with the EU ETS as such. First, the development of the system, which has undergone numerous changes in its almost twenty years of operation, is outlined in individual subchapters. The thesis then looks at the allocation of individual emission allowances, the areas of...
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Project Risk Management in a Particular Company
Sobotka, Michal ; Jiří Koukal, MSc., MBA (referee) ; Adamec, Vladimír (advisor)
This master's thesis is focused on risk management in a particular project in a particular company. The opening part deals with the principles of customers loyalty programs, formulation of goals and the main methods used for risk identification and quantification. The analytical part contains an analysis of the current state of the company and a description of the project and its plans. The main task of this work is to identify and evaluate project risks and propose measures to reduce their severity. The output of the thesis is an inventory of the risks of the project, which can serve also for other projects of the company.
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Legal regulation of municipal waste management
Vrbová, Aneta ; Sobotka, Michal (advisor) ; Svoboda, Petr (referee)
The topic of the thesis is the legal regulation of municipal waste management in the Czech Republic. It introduces the readers to the individual legal regulations at the national and European level, tracing the development of the legal regulation of waste management since its inception in the 1970's and its gradual completion. The work introduces the various instruments that have been developed to regulate individual practices and activities and which, at the same time, make it possible to achieve the stated objectives. It also presents the various principles that set the basic direction for the current legislation. Attention is paid to the elementary concepts on the basis of which the whole system of obligations and responsibilities for waste management is built - these are the concepts of 'waste', 'municipal waste', 'hazardous waste' and 'waste management', and the thesis also traces how their content has evolved over time. The thesis also introduces the basic subjects of waste law, which are the waste producer and the operator of a waste management facility. It pays most attention to the municipality, which it considers to be a specific entity, and further examines its obligations in relation to the collection of waste from individual entities. The law entrusts the municipality with a legal...
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Adaptation to climate change from the perspective of (Czech) law
Jech, Martin ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Adaptation to climate change from the perspective of (Czech) law Abstract Key words: climate change, adaptation, Czech law Climate change is a current topic that has an impact on many components of the environment and the whole society. Besides mitigation, adaptation is a key response to climate change. This diploma thesis deals with the issue of how (especially Czech) law approaches to adaptation to climate change. Particular legal instruments related to adaptation to climate change are discussed, especially conceptual, administrative and economic instruments, in the fields of protection of water resources, forest, agricultural land and nature and landscape. Selected non-law instruments related to adaptation to climate change are also mentioned. The thesis has several related research inquiries. The first question is what is actually a climate change and whether it is (or will be) its course unprecedented in the Holocene and the related question what climate is expected in the next decades. This is followed by other research questions, particularly how the political-legal approach to the question of climate change (especially adaptation) has evolved and what is the current legal level of adaptation to climate change, i.e. whether it is satisfactory or has some imperfections. And if it has some...
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The municipality as an actor in environmental protection from a law perspective
Kovář, Pavel ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
The municipality as an actor in environmental protection from a law perspective Abstract Municipalities in the Czech Republic are entrusted with a number of very important and irreplaceable roles in protecting the environment, both within their independent competence and in activities carried out under delegated competence. In the first half of the text, the author defines the basic concepts in the form of the term municipality and the term environment. At the same time, in the first part of the thesis, the author analyses the constitutional-legal basis of local self-government units, more precisely municipalities, their characteristic features and the differences between the independent and delegated competence of municipalities. The second part of the thesis is devoted to the already mentioned definition of the environment, environmental law as a distinct and dynamically developing branch of public law, and legal instruments serving to protect the environment, including their division and examples. In the third part of the thesis, the author focuses on the individual activities carried out by municipalities under delegated competence in the field of air, water, soil, forest, nature and landscape protection or waste management. The fourth part of the thesis contains a list of activities carried out by...
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Corporate responsibility and human rights: A way forward for climate litigation?
Chytil, David ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Subject of this diploma thesis is the accountability of largest private green-house gas emitters, mainly fossil fuel corporations (so called "carbon majors") and in particular their relationship with human rights law. Strategic climate litigation is on a rise and private emitters are increasingly targeted by the litigants. While human rights are widely used in climate change litigation against governments and state authorities, their role in existing and potential climate lawsuits targeted at private parties remains uncertain. The goal of the thesis is to enlighten this topic analysing potential grounds for corporate climate liability and recent case-law. Firstly, impact of corporations on climate system (their "share" of GHG emissions) is presented in contrast to their peripheral role in the international climate governance and law. Climate change as a human rights issue is briefly examined in the second part focusing on human rights abuses of fossil fuel corporations, including "case studies" of human rights impacts of corporations Shell, Total and Texaco/Chevron in countries of the Global South. Third part deals with various sources of potential climate change liability of corporations and role human rights law might play. Concepts of Corporate Social Responsibility and Business and Human Rights...
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Hunting and fishing in the light of selected environmental issues
Rudolf, Vít ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
1 Hunting and fishing in the light of selected environmental issues Abstract The diploma thesis focuses on the hunting and fishing in the light of selected environmental issues. Both hunting and fishing are activities that may serve as freetime activities, but their main purpose is nature conservation and as such should respond to the changes in nature brought about by climate change. The aim of this diploma thesis is to provide the reader with a basic insight into the legal regulation of hunting and fishing and to assess the current legal regulation in terms of preparedness for the changes in nature brought about by ongoing climate change. The second objective is pursued by answering three questions: "Does the Czech legislation sufficiently care about biodiversity conservation?", "Does the Czech legislation effectively combat invasive and non-native species?" and "Is Czech legislation prepared for the changes in animal behaviour that will inevitably occur in the context of climate change?". The diploma thesis is divided into five chapters. The beginning of the diploma thesis focuses on the issue of climate change, where the emphasis is mainly placed on laying out the problems related to the loss of biodiversity, the introduction of non-native species and changes in animal behaviour. Next, the diploma...
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