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Legislation for waste management from the trader's point of view
Dušek, Martin ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
1 Abstract Legislation for waste management from the trader's point of view The diploma thesis deals with the legal regulation of waste management from the perspective of the trader with regard to Act no. 541/2020 Coll. on waste and Decree 1013/2006 in the case of cross-border shipments of goods. The main objective of this work is to provide a comprehensive analysis of the relevant legislation de lege lata. The first chapter is devoted to waste management and the sources of legislation at the international, European and national levels. The second chapter specifies the basic concepts of waste management relevant to the trader. In the third chapter, the author approaches the subjects of waste management, with which the trader can get in touch in his activities and relationships. The fourth chapter, which together with the fifth chapter forms the focal point of the work, deals with the trader, whereas the author first enshrines the role of the trader in waste management by discussing the motivation to trade in waste, and further defines the waste trading itself. This chapter describes the procedure of the regional office, the result of which is the issuance of a waste trading permit for a certain type and category of waste. The work also creates space for comparison with the institute of waste management...
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Microplastics and plastics from view of law
Novák, Adam ; Sobotka, Michal (referee)
Microplastics and plastics from a legal perspective Abstract The dissertation deals with the management of microplastics from a legal point of view, following the ever-increasing pollution of the environment by plastics. The issue of microplastics has not yet been dealt with at this level in the Czech environment. The dissertation is not aiming only at the management of primary microplastics, which is most often dealt with by existing legislation at the level of individual states, but also at the management of secondary microplastics, which have been so far legally dealt with only by indirect regulation (through limiting plastic waste as a source of this type microplastics). The aim of the work is primarily to create an overview of the existing legislation of the management of microplastics at the international and European level (including individual legislation of the EU member states). Based on this overview is made an analysis of this legislation and are formulated proposals and recommendations for improving the management of microplastics, especially to limit their release into the environment. The dissertation is divided into nine chapters: The first chapter is the introduction, in which the grasp of the topic, research questions and the structure of the work, including the methods used, are...
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Water conflict resolution in international law
Gregorová, Markéta ; Sobotka, Michal (advisor) ; Falteisková, Sabina (referee)
Water conflict resolution in international law Abstract Riparian states across the world share common water resource in more than 200 international river basins. International law regulations of riparian states' rights and duties in the field of shared water resource utilization at the regional level is not sufficient. Conflicts between states arising from it constitute a threat to international peace and security. Given effects of climate change on freshwater resources, it is presumed that these conflicts would become more frequent in the future. This thesis deals with the topic of the water conflict prevention and resolution in the international water law. The aim of this thesis is to evaluate which conflict resolution mechanism is suitable for water conflicts. At the same time, the author asks the following research questions: What are the factors that determine the efficiency of conflict resolution mechanisms in maintaining international peace and security? How are the international legal principles of shared water resource utilization reflected in the water conflict resolution mechanisms? The thesis applies the method of theoretical analysis to water conflict resolution mechanisms and their ability to fulfill their primary objective to maintain international peace and security. It presents findings...
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Legal aspects of the circular economy
Kučerová, Zuzana ; Sobotka, Michal (advisor) ; Falteisková, Sabina (referee)
Legal aspects of the circular economy Abstract The diploma thesis deals with the issue of legal aspects of the circular economy. This concept is based on resource efficiency with the intention to minimize waste generation. This approach is considered to be the future of economies not only in the European Union, but also in the rest of the world. The thesis aims to provide a comprehensive overview of the circular economy and the legal background of this concept in the EU and the Czech Republic. Given that the legislation of the circular economy has so far been reflected at the EU and national level predominantly in the field of waste management, it forms a significant part of this thesis. The projection of the principles of the circular economy into the legal order as well as the future development of this concept is evaluated. Recognized advantages and disadvantages in the current circular economy legislation are formulated at the end of the thesis. Subsequently, the thesis sets recommendations for the future direction of the circular economy and for its efficiency enhancement.
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Public Participation in Environmental Decision-making
Balážová, Julie ; Sobotka, Michal (advisor) ; Fiala, Zdeněk (referee)
Public Participation in Environmental Decision-making Abstract This thesis is dealing with participation of public in environmental administrative proceedings. The topic is widely discussed in connection with efforts to quicken planning and construction proceedings. It is, however, far from limited to them - the subject matter is scattered in a multitude of legal acts. Therefore, the aim of this work is to present various acts and analyse the requirements for and the extent of participation of persons in proceedings conducted under them in a compact manner. Firstly, the readers are familiarised with forms of "participation" and various definitions of "public". The legal sources of this topic are introduced next, and a few, that will be addressed in detail in the following parts of this thesis, are selected. Afterwards, the author explains how the code of administrative procedure defines parties to proceedings, how is that important for talking about other acts and what problems can arise from applying these provisions in practice. The next part introduces the readers to an international document that deals with public participation in general - the Aarhus convention and explains its importance in European and Czech law. Furthermore, the author focuses on characterization of legal acts on integrated...
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Case-law of the European Court of Justice on environmental protection
Kolafová, Lenka ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
59 SHRNUTÍ Diplomová práce se zabývá judikaturou Evropského soudního dvora na vybraném úseku ochrany životního prostředí. V konkrétním případě jde o problematiku odpadů. Odpady jsou samozřejmý produkt lidské činnosti a je nutné stanovit jasně daná pravidla, jak s nimi nakládat, tak aby bylo minimalizováno riziko dopadu na životní prostředí či lidské zdraví. Práce je rozdělena do tří částí. Na úvod je zmíněno postavení a právní základy pro činnost Evropského soudního dvora v rámci systémů orgánů Evropských společenství, jeho organizační struktura a stručně i průběh řízení. Je zde také zmíněn vliv Lisabonské smlouvy na fungování ESD. Ve druhé kapitole se věnuji roli ESD v oblasti ochrany životního prostředí. Jsou zde identifikovány vybrané typy řízení před ESD a ke každému typu řízení je podána i statistika za určité časové období. Třetí část mé práce se zaměřuje již zcela na judikaturu ESD v oblasti odpadů. Jsou zde rozebrány klíčové judikáty zabývající se centrálním pojmem odpad, zejména předpoklady klasifikace materiálu jako odpadu a vymezení pojmu vedlejšího produktu, podmínkami přepravy odpadů a přesahem odpadového hospodářství do problematiky volného pohybu zboží, jedné ze základních svobod Společenství. V této kapitole se také zabývám vývojem komunitární právní úpravy odpadů. SUMMARY This diploma...
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Right to the favourable environment in Czech law and the law of British Columbia
Čechtická, Alena ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
- 76 - SUMMARY RIGHT TO A HEALTHY ENVIRONMENT IN CZECH LAW AND IN THE LAW OF BRITISH COLUMBIA Master's degree dissertation compares right to a healthy environment in the Czech Republic and in British Columbia, a Canadian province, and makes this comparison upon a variety of standpoints. The work also broaches the environmental regulation in both these mentioned countries in general, as the regulation gives us the context in which the right in question is applied and enforced. The first part of the work is an introductory part that leads us into the area. The first part of work compares definition of fundamental terms related to the focus of this work between legal systems of the Czech Republic and British Columbia. The comparison shows the term "environment" is defined in both these countries quite similarly, but the term "healthy environment" is in none of these countries defined positively, but rather negatively, by enacting values and conditions under which environment can be declared unhealthy. The following part describes the development of legal regulation of environment and in that scope also the right to a healthy environment. The chapter shows that British Columbia, in its hundred years of modern history of legal protection of environment, developed into a phase where environmental law is basically...
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Right to information on the environment
Polcarová, Kristýna ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The international obligations of the Czech Republic in relation to the right to information on the environment, following from its membership in the European Union and from the ratification of the Aarhus Convention, were fulfilled formally especially by adopting the Act on the Right of Access to Information on the Environment (InfŽPZ) and the Act on Free Access to Information (InfZ). As follows from the facts mentioned in the chapters above, however, the coexistence of both legal regulations in practice is not always easy, for the liable subjects may have difficulties especially in distinguishing, which of the two is to be used to proceed in a particular case. Further, difficulties may also occur in practice where one part of a request is to be treated under InfŽPZ and the other under InfZ. Here, the liable subject will have to deal with different legal process regulations, concerning especially the terms of attendance to the request and to the filed appeal. It is obvious that such a situation is complicated unnecessarily both for the liable subject and for the claimant, again only increasing the demands for the knowledge of law of the involved parties. With respect to the purpose of this legislation, however, it should be noted that the legislator should have de lege ferenda chosen such a legal...
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Movement and hazardous wastes management from the perspective of international law
Diblíková, Anna ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
89 Summary Movement and hazardous wastes management from the prespective of International law. The purpose of this thesis is to examine the movement and hazardous wastes management or more precisely the international and European law that regulates it. The movement, particularly the transboundary movement, and the management belong to high risky activities considering the protection of human life and the environment. Hand in hand with the management of radioactive waste and chemical substances, they fall under the subject matter of International Environmental Law (IEL). Most of the sources of IEL are not binding "soft law" due to the delicacy of the subject matter on which is hard to get a global consent. In the centre of the attention is the Basel Convention on the Control of Transboundary movements of Hazardous Wastes and their Disposal. Unfortunately it can not be described as a global convention, because the contracting parties are virtually only states of the Euro-American region. On the other side stands the Bamako Convention which was prepared by the Organization of African Unity and which placed the total ban on imports of hazardous wastes to the African continent. International law is to be considered just one layer of the analysed legislation. Second one is the European law. Europe Union regulates...
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