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The European Union as an Actor of International Space Law
Hajdúk, Roman ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
This thesis aims to provide a comprehensive outlook on the EU's position in the system of international space law. It delves into the structure, legal regulations, nature, and individual components of the EU's space programme. Furthermore, it examines the space dimension in relations between the EU and the UN, and the EU's position on the selected UN space treaties. Additionally, the thesis discusses the cooperation between the EU and ESA, and the nuances of their relations. The first chapter provides a historical overview of the EU's involvement in space and explores the nature and limitations of the EU's space competence within the framework of EU law. In the second chapter, the EU's present space activities are analysed, focusing on the recent legal regulations governing the EU's space programme. This chapter also assesses the objectives, structure, and governance of the EU's space activities and explores the individual components of the EU's space programme and their character. The third chapter examines the EU's stance on the Outer Space Treaty, the Liability Convention, and the Registration Convention. It discusses their impact on the EU's space legislation, as well as the issues connected with the registration and liability for the EU space objects. The chapter also briefly discusses the...
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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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Autonomous weapon systems and international humanitarian law
Halajová, Ludmila ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee) ; Ditrichová, Petra (referee)
Autonomous weapon systems and international humanitarian law Abstract There is practically no branch of international law that has been left unaffected by significant advances in modern technology in recent years. In the context of armed conflict, these advances could have far-reaching consequences for the application of not only established rules of international humanitarian law, but also of the rules of international criminal law or the rules governing international responsibility. Many States are currently devoting their attention as well as resources to the development of highly sophisticated weapon systems with autonomous functions, the control of which is being increasingly transferred from human operators to computer systems. These Autonomous Weapon Systems (AWS) have the potential to affect profoundly the nature of future armed conflicts. Although these systems are no longer a novelty at the international scene, they continue to cause tensions and provoke divisive reactions amongst the international community. This dissertation aspires to provide a comprehensive insight into the development and use of AWS in the context of armed conflict. The dissertation has six parts. The first part clarifies the basic terminology relating to AWS and explains how autonomy in the context of a weapon system...
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Contemporary European regional organizations and their tools for conflict prevention and conflict resolution
Ruffer-Lustigová, Petra ; Ondřej, Jan (advisor) ; Šturma, Pavel (referee) ; Karásek, Tomáš (referee)
This study seeks to explore the phenomenon of different approaches European security organizations (EU, NATO and OSCE) apply in conflict prevention and conflict management, as well as the tools they use in the framework of security governance. The purpose of exploring this issue is to understand why states tend to collaborate through international organizations, what is the role of a hegemon, in what way organizations execute delegated powers, whether the institutional design of international organizations can influence its effectivity, and last but not least, how important are shared values in the process of regional cooperation. Qualitative approach aiming at understanding the causes and their interpretation was picked out to draw relevant conclusions to be later compared with theoretical approaches of constructivism, institutionalism the hegemonic stability theory. A case study approach is used at the methodological level to explore the influence hegemon has (or precisely two hegemons) over the functions of OSCE; the role of shared values in promoting a zone of peace and stability beyond the region borders (European Neighbourhood Policy); or the ability of international institutions to independently act on behalf of member states in line with (or even against) their interests. The last subject...
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Legal regime of arms control in relation to outer space
Kravciv, Miloš ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
1 Legal regime of arms control in relation to outer space Abstract The use of outer space began more than 60 years ago, and humanity is increasingly dependent on space infrastructure. The number of participants and space objects in outer space is constantly increasing. However, since the beginning space exploration has been connected to military activities in outer space. Paradoxically, it has helped economic development and keeping of international peace and stability in many ways. Nevertheless, some military activities, in particular the development and testing of anti-satellite systems and possible placement of weapons in outer space itself, are potentially destabilizing and threatening even the very existence of space infrastructure. Space law, as a separate branch of the international law, has been evolving in particular since the 1950s. Among other things, legal norms governing armaments in relation to outer space have been adopted in this field. This work provides a basic overview of the development of space law as such and deals in more detail with individual concepts and specific provisions related to the regulation of armaments in outer space, including the so-called soft law, i.e. non-binding norms. The fundamental question is whether the existing space law, including possible international...
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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...
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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...
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The climate protection under international law
Prokš, Marek ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
The climate protection under international law Key words: international climatic law, United Nations Framework Convention on Climate Change, Kyoto Protocol Abstract The purpose of the thesis is to analyze the system of climate protection in international law. In the thesis, there is described the history of the part of international law concerning climate changes, the contemporary international climatic law itself, and some of the most serious problems concerning the topic. The reason for my research is to introduce the basic system of international climatic law, as well as to show how modern international law is created. The thesis is divided into five chapters. The first chapter describes the international climatic law as a part of the international environmental law, shows the forms of treaties used in the international environmental law and presents the reasons why the form of framework convention was used in the case of international climatic law. The second chapter analyzes the history and evolution of international climatic law. From the first political declaration to the most recent international conventions, the most important milestones of the development of the international climatic law are shown. The third chapter presents the United Nations Framework Convention on Climate Change itself as the...
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The European standard of protection of human rights and fundamental freedoms in connection with the ban on torture
Izmailova, Lyudmila ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
The primary objective of this work is to provide a comprehensive view of the human rights protection system concerning the prohibition of torture, focusing specifically on its European regulation. On the way to fulfill this aim, the following three hypotheses were confirmed: the prohibition of torture is currently regulated at all levels of protection of human rights, namely the universal, regional and national levels; from a comparative perspective, the highest level of protection has been achieved within the European system; and the prohibition of torture has recently acquired a social dimension. This work provides a comprehensive view, of the prohibition of torture at present time, and analyzes the instruments and mechanisms created to date. The interpretation was put into historical context, which is highly important, not only because it provides an exhaustive insight into the regulation of this issue in different sources, but also because this approach helps to understand the regulation correctly and enables the interpretation and application of respective standards in an adequate manner. It also makes it possible to better predict future developments in this area. The most interesting part of this thesis is the section that questions whether the prohibition of torture and ill-treatment are...
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