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Expropriation in environmental protection
Blaschke, Marek ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
1 Expropriation in environmental protection Abstract This diploma thesis deals with the issue of the institute of expropriation and its possible use in the context of environmental protection. Expropriation is a legal instrument that interferes with the property right to achieve a specific purpose in the public interest. It is the instrument ultima ratio, which is only used subsidiarily, unless other tools lead to achieve the desired purpose. The aim of this work is to analyze the legal regulation of expropriation and answer the question of whether the czech law provides legal support for the use of this institute for environmental protection. In addition to the introduction and conclusion, the diploma thesis is divided into two main parts. The first part is paid to the definition of the concept of expropriation and its general regulation contained in the Expropriation Act. Greater attention is dedicated to the constitutional and legal conditions of expropriation, which must be fulfilled for the possible interference with the right of property. The constitutional conditions are the public interest, legal basis and compensation. It is the public interest that is the interconnection of expropriation and environmental protection, because it is undoubtedly a public interest. In the second part there are...
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Regulation of Depository-Refund System for Beverage Containers
Kubíčková, Karolína ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Regulation of Depository-Refund System for Beverage Containers Abstract This thesis focuses on depository-refund systems for beverage containers as an instrument to improve sorting of the plastic waste. In broader perspective, the plastic waste is nowadays a serious issue, not only in the Czech Republic, but also globally. Depository-refund system is an effective economic tool for environmental protection and its implementation for plastic bottles can help to tackle the increasing amount of the plastic waste. It is analyzed whether the depository-refund system for one-way beverage containers complies with principles of the circular economy and the principles of the environmental protection. The thesis describes the current status of the legislation in the Czech Republic which concerns the depository-refund system of reusable glass beverage containers. Most importantly, the thesis proposes to implement a similar regulation for one-way beverage containers (plastic and metal) in order to protect the environment from the plastic waste and to comply with goals for waste sorting set out by the European Union. The sources of inspiration for the new legislation are some member states of the European Union - Slovakia, Germany, Sweden and Croatia. In all of these states, the depository-refund system for one-way...
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Legislation of waste management
Kalinová, Gabriela ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Legislation of waste management Abstract This thesis deals with the legal regulation of municipal waste management in the Czech Republic. The aim of the thesis is to analyze the changes related to the adoption of new legislation related to waste management and to assess whether the available instruments are sufficient to achieve the objectives set by both national and EU legislation. The thesis is devoted to presenting the state of waste management with an emphasis on municipal waste in the Czech Republic using available data. Furthermore, the thesis focuses on the sources of legislation, with an emphasis on EU legislation and on the legislation that was the basis for the currently applicable legislation. It also includes definitions of basic terms and individual entities, which may include the waste producer, facility operator, waste dealer, or waste broker. The main part of the work is devoted to the position of the municipality and its relationship with natural persons, legal entities, and waste collection companies. It also addresses the methods of municipal waste management that are heavily used in the Czech Republic, which include recycling and landfilling. The assessment of the sufficiency of the available instruments is based on an analysis of legislation, general binding municipal ordinances...
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Legal regulation of animal welfare
Finková, Kateřina ; Fabšíková, Tereza (advisor) ; Falteisková, Sabina (referee)
The aim of this thesis is to summarize legal regulation of animal welfare in relation to the Czech Republic and to highlight its potential shortcomings and possible amendments de lege ferenda. Today, humans wield almost unlimited power over living conditions in which animals around the world live in, and so more and more attention is paid to the legal regulation of this area of law. This thesis, which is divided into three main parts, also pays attention to it. The first part contains the analysis of the concept of "animal welfare" and compares it to the concept of "animal protection". It also deals with a brief history of animal welfare and various ways of determination of its level. The second part describes and summarizes legal regulation of welfare, whereas the author proceeds from the international law through European law to national law. With the international law, the biggest emphasis is on the conventions signed under the Council of Europe, while with the European law, the thesis deals first with the primary law and then with the specific acts of secondary law. The most of this part is devoted to the national legal regulation of welfare along with a brief summary of its history. The emphasis is primarily on the Protection of animals against cruelty Act no. 246/1992, which is the main...
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Ecodesign of products from an environmental law perspective
Jovna, Erna ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Ecodesign of products from an environmental law perspective This thesis discusses ecodesign as an approach to design that aims to reduce the amount of negative environmental impacts of products throughout their life cycle. Over the past few years, ecodesign has increasingly come to the forefront of debates at European level, particularly in relation to the goals and principles of sustainability and circularity. The importance of this concept lies primarily in the possibility of preventing undesirable environmental impacts at the very beginning of a product's life, i.e. at the design stage. The main goal of this thesis is to analyse the legislation in the field of ecodesign in order to assess whether the current legislation is able to achieve its objectives or whether a change is desirable. For this reason, the proposal for a new European regulation, which aims to create a new framework for ecodesign, is also discussed in detail. Due to the fact that, in the author's opinion, the concept of ecodesign is not given enough space in the Czech literature, a partial aim of this thesis is also to bring this issue closer to the readers, as one of the basic prerequisites for more sustainable decisions of the subjects is their awareness. The first introductory part of the thesis defines the term and essence...
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Mitigation of Climate Change in the Energy Sector from the European Union Law Perspective
Jelínková, Anna ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Mitigation of Climate Change in the Energy Sector from the European Union Law Perspective Abstract Climate change is a global problem that can only be prevented through a systematic change in a number of areas of human activity. The key element in climate change mitigation is the measures taken in the energy sector, as the energy sector produces the largest amount of greenhouse gas emissions compared to other economic sectors. Therefore, the EU pays considerable attention to mitigation measures in the energy sector in its climate policy. The 2030 Climate & Energy Framework not only outlines the objective of reducing greenhouse gas emissions, but also prescribes binding targets on increasing the share of renewable energy in the final energy consumption in the EU and on improving energy efficiency. The aim of this master's thesis is to explain the complex climate change mitigation system in the energy sector as regulated by the EU law. The EU climate law stems from international legislation, therefore, this thesis first focuses on the basic instruments of the climate law that were adopted at the international level, and following that, it analyses the European legislation in detail. In this context, the current climate targets resulting from both international regulation and European legislation are...
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Evolution of climate litigation in European context
Kavalírová, Julie ; Fabšíková, Tereza (advisor) ; Žákovská, Karolina (referee)
Evolution of climate litigation in European context, abstract This diploma thesis deals with the evolution of climate litigation in the European context. The aim of this paper is to describe and map the institute of climate litigation as a whole, to describe its types based on different standpoints and aspects and to describe the historical development of climate litigation in the world and in Europe. This paper further describes five leading cases of European climate litigation in detail. The cases of Urgenda Foundation v. The Netherlands, Neubauer v. Germany, Notre Affaire à Tous v. France, VZZ Klimaatzaak v. the Kingdom of Belgium, and the case of Milieudefensie v. Royal Dutch Shell PLC were thoughtfully chosen based on their connection and the impact they had on climate action in their respective countries. To finish, this thesis aims to find answers to several legal questions concerning climate litigation by comparing those described climate cases. The main methods used in this diploma thesis were the research of legal literature, case law of foreign courts and legal regulations. The conclusions of this paper were gained by analysis of information and subsequent use of different methods of interpretation. This diploma thesis is divided into an introduction and a conclusion and three main chapters, some...
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Legal regulation of climate engineering
Vindušková, Markéta ; Žákovská, Karolina (advisor) ; Fabšíková, Tereza (referee)
Legal regulation of climate engineering Abstract Although climate engineering offers a tempting solution on how to easily avert the threats of climate change, it is a risky and ethically questionable solution, and it brings a whole series of challenges and questions for the legal system. Few sources of foreign scientific literature are dedicated to this topic. Also, some of the Czech diploma theses are devoted to the field. None of them deals with legal aspects of it. Currently, there are several non-binding international documents that directly address climate engineering, and some legally binding instruments are relevant. So far, however, no legally binding instruments that would explicitly regulate this discipline were established. However, some guidance is provided by existing international environmental law treaties and general principles of international environmental law. On the basis of the available literature and legislation in force, the aim of the work was to answer some questions that arise in connection with climate engineering, i.e. whether an environmental impact assessment mechanism can be used for the approval process, how liability should be assessed in the event of cross-border damages caused by a climate engineering project, on what ground would states resolve potential disputes arising...
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Legal regulation of construction waste management in the context of the circular economy
Prucek, Jan ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
The thesis deals with the legal regulation of construction and demolition waste as a specific group of waste, especially with regard to its placement in the context of the concept of circular economy. In addition to the current state of this topic, the historical development of the legislation is presented, as well as the individual methods of construction waste management and related institutes and entities governed by this legislation are defined. The thesis has an introduction, four chapters, each of which presents the individual topics in detail, and a conclusion. The first chapter introduces the concept of circular economy, its development and legal anchorage, as well as its basic principles. The chapter also defines the concept of waste management, going beyond this to present its hierarchy and basic objectives. The second chapter analyses the development of waste legislation with a focus on construction and demolition waste and in addition presents the strategic documents of waste management, which are the Waste Management Plans. The third chapter is devoted to the object and entities of the legislation, i.e. construction and demolition waste, and waste in general, and the persons involved in waste management. For construction and demolition waste, the emphasis is on its definition and...
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Emissions trading system - European Union and China
Krutek, Lukáš ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Emissions trading system - European Union and China Abstract Emissions trading systems are one of the many instruments used in environmental protection policy. This market-based economic mechanism governs the trading of units of selected pollutants, which are for these purposes considered as a tradable commodity. This approach was pioneered by the European Union, whose emissions trading system has over the years become the largest and most successful emissions trading system in the world. The results achieved, but also the experience from the failures of the European system, have attracted international attention and inspired other countries to actively use emissions trading. So far, the People's Republic of China is the latest major subject working to implement a new emissions trading system. The choice of the path towards the establishment of a national emissions trading system demonstrates a desire to become a leading actor in global climate policy and to move towards achieving its goals in line with its obligations under international law, including the ambitious goal of peaking carbon dioxide emissions by 2030 in its rapidly developing economy. This master's thesis introduces and highlights for the reader the basic structural elements common to all emissions trading systems and further details the...
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