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International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
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Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic
Tanchinwuttanakul, Kamol ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Chovancová, Katarína (referee)
The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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Dispute Settlement in the WTO
Mašková, Tereza ; Grmelová, Nicole (advisor) ; Štěrbová, Ludmila (referee)
The goal of this thesis is to introduce and evaluate the dispute settlement system currently applied under the World Trade Organization, especially with regard to its effectiveness. In the theoretical part of the thesis the historical development of the mechanism is described and the current WTO system is compared with its predecessor applied on the basis on the GATT agreement. Afterwards, the particular stages of the decision making proces are presented. The practical part of the thesis then identifies specific problems most commonly associated with the system, always with a help of some examples from the WTO decision making practice. As a response to these problems, the final chapter presents some proposals for improvement of the current system.
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Dispute settlement in the international economic law - selected aspects
Cibulková, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This thesis deals with the dispute settlement in international economic law. Specifically, it focuses on dispute settlement mechanism within the framework of the World Trade Organization (WTO). The aim of the thesis is to examine specific features and evolution of this mechanism and to look at its functioning through case analysis. As an object of the case analysis I chose to investigate cases which have been filed by or against People's Republic of China (China) since its accession in 2001. The accession of China to the WTO was entailed with some controversy and China is well known as a state which is rather not in favor of international adjudication. Therefore, I would like to discuss why this system is more appealing to China and which consequences it might have. The thesis is divided into four main parts which are further divided into chapters. The first part of the thesis explores evolution of the dispute settlement mechanism of the WTO from its predecessor GATT 1947 and outlines main features of the dispute settlement proceedings. The second and the third parts of the thesis shift focus on China and provide a basis for the case analysis in the fourth part. The second part deals with specific circumstances of the accession of China to the WTO, while the third part looks at historical and cultural...
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Dispute resolution within the framework of WTO
Martinec, Tomáš ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
This thesis, entitled WTO Dispute Settlement Mechanism focuses on the issue of direct effect of WTO law with respect to the possibility of private persons to claim damages in case they are affected by the retaliatory measures adopted by the injured WTO-member in response to the violation of WTO rules perpetrated by their government. In connection with the aforesaid, the thesis compares the approach of the United States of America with the one of the European Union. Given the fact that the jurisprudence of the European Court of Justice regarding the issue of direct effect of WTO law has undergone substantial development, the thesis also analyses the jurisprudence and its outcomes. This thesis is divided into two parts. The first one introduces the dispute settlement procedure before the Dispute settlement body under the Understanding on Rules and Procedures Governing the Settlement of Disputes. The thesis focuses on particular stages of the procedure before the DSB and introduces the particular actors of the dispute settlement mechanism. The first part consists of three chapters, first of which deals with particular actors, second defining particular stages of the procedure and third focusing on the stage of implementation of DSB decisions. The second part that is also divided into three chapters...
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China's Accession to the World Trade Organization: Case study of U.S.- China trade disputes
Carhounová, Kristýna ; Fiřtová, Magdalena (advisor) ; Sehnálková, Jana (referee)
The subject of this bachelor thesis is the case study of U.S-China trade disputes under the World Trade Organization (WTO) after China's accession to the WTO. Firstly I will briefly outline the US-China relations from 1949 to 2001. I will then focus on China's incentives of becoming a part of the multilateral system and the impact of China's accession to the WTO on US-China trade. Second part concentrates on the development of foreign trade between the US and China as well as on the structural problems of Chinese economy that prevents China from doing smooth business with the US. Appreciation of China's currency renminbi, huge trade deficit of the US, complicated access to the Chinese market and many others are all among the problematic areas. Even though China has pledged to fulfill a whole range of commitments, it doesn't always abide by the rules. Some of the cases mentioned often cause friction between China and its trading partners, including the US, which are often brought to the Dispute Settlement (DS) under the WTO. Following a brief outline of the DSM, I will then focus on the China's evolution in the Dispute settlement system. During the first years of China's membership in the WTO, the members rarely challenged China before the court. However, after the end of China's five-year...
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Dispute resolution within WTO
Honzíková, Veronika ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Dispute Settlement in the WTO Veronika Honzíková Abstract The WTO dispute settlement represents a significant improvement compared to the dispute settlement system under GATT 1947, but is still considered as his successor. The mechanism under GATT 1947 had many weaknesses which resulted to the need of reform. The procedure under GATT 1947 was not contradictory and all members of the Dispute Settlement Body (DSB) were entitled to use the veto right when adopting the reports. The contracting parties were conscious of such weaknesses and they have agreed on a new dispute settlement system during the Uruguay round. The Dispute Settlement Understanding (DSU) is part of the Agreement Establishing the World Trade Organization. The new system remains inter-state mechanism and as a consequence, available only to the Member States, excluding individuals and business operators. The dispute settlement under WTO has become compulsory while leaving each member the choice between this standard procedure and other dispute modes, such as Good Offices, Conciliation, Mediation and Arbitration. The dispute settlement system has been unified and has become more judicial. It excludes national jurisdictions and means strengthening the multilateralism. The dispute settlement is administrated by the Dispute Settlement Body,...
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Dispute Resolution in the International Sports Law
Vybíral, Petr ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
The subject of this dissertation thesis is dispute resolution in the international sports law. A crucial is to focus primarily on resolution of disputes through international arbitration and its preceding internal dispute resolution mechanisms within sports organizations. First of all it is necessary to provide a definition of sports disputes with an international element. After that it is necessary to deal with internal mechanisms for resolving sports disputes, which are closely linked to the issue of law on associations. With regard to the location of the seat of most major international sports organizations in Switzerland and with regard to the country of origin of this dissertation thesis the subject matter is viewed especially through the lens of the Swiss and the Czech law. Crucial role in resolving of disputes in international sport plays a Swiss Court of Arbitration for Sport in Lausanne, which corresponds to an extent of this part of thesis. Finally, it also should not be omitted judicial and alternative resolution of disputes in sport, although in practice it does not reach significance of internal and arbitrational resolution of disputes. To enliven the thesis, the final chapter is devoted to resolving of disputes during the last two Olympics.
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Resolving investment disputes from the perspective of case-law of international arbitration courts
Heřmánková, Gabriela ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...
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Capability of international law to resolve an ethnic conflict: case of Bosnia and Herzegovina
Jungwirth, Tomáš ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
Title Capability of international law to resolve an ethnic conflict: case of Bosnia and Herzegovina Abstract The thesis deals with the complex issue of international law's capability to resolve an ethnic conflict, relying to a great extent on a case study of the Dayton system in Bosnia and Herzegovina. It aims to take an interdisciplinary approach, focusing not only on legal issues but also on sociological and other relevant aspects. The first chapters attempt to summarize peace proposals preceding Dayton and are followed by a legal analysis of the adopted documents and a subsequent thorough examination of the most significant and visible aspects of their implementation. The last chapter then reviews the topic from the standpoint of conflict resolution. Several key questions are formulated in the preface: Is international law able to deter the risk of yet another outbreak of armed conflict in Bosnia? Are its limits or flawed imposition the immediate cause of the present state? Has the international regime in Bosnia become completely dissasociated from the sociological substratum? Whilst seeking for answers, much attention is paid to the perception and reception of the Dayton system by various interest groups within Bosnia's society as well as to international community's ensuing engagement in the country....
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