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The Permissibility of concurrent Existence of a Foreign Nationality and the Czech Nationality According to the Czech Legal Rules
Emmert, František ; Balaš, Vladimír (referee) ; Hofmannová, Mahulena (referee)
The paper includes a commented summary of development of the Czech legal regulation of state nationality from 1811 to 2010. Special emphasis is placed on permissibility of legal existence of foreign nationality beside the Czech nationality according to legal regulation applicable in the territory of the Czech countries in the respective historic eras (during the Austro-Hungarian monarchy, during the First Republic, under the communist regime and after the year 1990). The paper also includes an overview of general issues of state and dual nationality. The main output is listing the situations in which the existence of dual nationality according to the current legal regulation is permissible and legal.
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Protection of creative industrial property rights and international Law
Beneš, Ondřej ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
- 1 - The protection of the creative industrial property rights and international law The topic of submitted thesis is "The protection of the creative industrial property rights and international law". Its aim is to analyse the regulation of creative industrial property rights from the international perspective. The thesis is divided into two main parts. In the first one I have described the history of international cooperation in the field of industrial property protection, the milestones to be emphasized are the Paris Convention for the Protection of Industrial Property Rights (1883), the Convention Establishing the World Intellectual Property Organization (1967) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). Some attempts of regional cooperation are briefly discussed, especially those in Europe (European Union, European patent organization), but others in the Eurasian area, Africa, Asia, South America and other parts of the world as well. The second part of the thesis is focused on the individual types of creative industrial property rights. The most important is the patent protection, besides the Paris Convention and the TRIPS Agreement there are some other relevant legal instruments, such as the European Patent Convention, the Patent Cooperation Treaty, the Patent...
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Death penalty and the waiver of the right to life by committing an extremely serious crime
Neradová, Kateřina ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to define, what is the position of right to life in the system of protection of human rights and whether is the death penalty a justifiable institute in international human rights law. The thesis focuses on the death penalty and its history in connection with the right to life as an inherent human right. It explores the conventions, protocols and resolutions that are related to the matter. The thesis is divided into seven chapters, whereas first of them is introduction, where the author asks questions about vindicability of the capital punishment. That is followed by a brief history of the death penalty and explanation of the purpose of the punishment. Following chapter looks into a view of international society on the death penalty, summing up views of international governmental organizations, as well as non- governmental. Fundamental part of the thesis is a chapter disserting on the right to life, its history, where we can find right to life in international law, interpretation of right to life and case law. Last chapter deals with an issue of a crime as an act of forfeiting the right to life. The analysis consists of criticizing the conclusions made in the course of the thesis and propositions of further possibilities.
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South China Sea: Issues of Chinese U-shaped line
Hofmanová, Lucie ; Romancov, Michael (advisor) ; Karmazin, Aleš (referee)
The bachelor thesis "South China Sea: Issues of Chinese U-shaped line "focuses on a Chinese line called the U-shaped line in the South China Sea. The main task of this thesis is to present the differences in understanding of legal issues between the Chinese academics and their foreign colleagues regarding the U-shaped line, the claims of each state in the South China Sea and their distinction from Chinese claims and the consistency of the U-shaped line with international law. For a comprehensive understanding of the presented issues the first part of work concentrates on historical development of this line and the significance of the South China Sea. Legal concepts and treaties relating to the conflict are explained as well. It involves international law, international maritime law, Note verbale, Declaration on the South China Sea, Treaty of Amity and Cooperation in Southeast Asia, Island of Palmas case and International Court of Justice. The stress is put on the legal aspects and development of this line.
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Damages in investment disputes
Jurák, Michal ; Balaš, Vladimír (advisor) ; Pohl, Tomáš (referee)
Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair and...
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The problematics of Kosovo and Crimea from International Law point of view
Fejfar, Jakub ; Romancov, Michael (advisor) ; Landovský, Jakub (referee)
The thesis deals with the international legal aspects of secession and the right to self-determination of nations. This issue will be presented in more detail on the cases of Kosovo and the Crimea. The aim of the thesis is to clarify the problems of Kosovo and the Crimea using the terminology of international law. In this paper, we will try to find answers to two research questions and whether it is possible to apply the conclusions of the MSD opinion on the independence of Kosovo in the case of the Crimea? Furthermore, whether there has been a violation of international law by the Russian authorities in the Crimea? The thesis is divided into four chapters. In the first are used the concepts of international law. In the second chapter, the notion of Art Nouveau and the development of the principle of the right to self-determination are theoretically defined in their present form. The third chapter is then focused on Kosovo. The greatest attention will be paid to the declaration of independence in 2008 and, in particular, to that of the International Court of Justice in 2010. In the fourth chapter, we will focus on the international legal issues of the events in the Crimea. The key part will be the assessment of the consequences of the declaration of the independence of the Crimea and its subsequent...
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Actors' behaviour and the militarization of space: Cooperation vs. conflict
Gréková, Lenka ; Doboš, Bohumil (advisor) ; Střítecký, Vít (referee)
The thesis deals with the question of militarization and weaponization of the outer space and it analyse the actor's behaviour regarding space militarization and weaponization. The aim of the thesis is to find out whether the key actors cooperate or not in dealing with the use of the outer space. The relations between the key actors are analysed from the perspective of the game theory, particularly with the two models of behaviour: prisoner's dilemma and the tragedy of the commons. These models are used based on the assumption that they best describe the relations between actors in international relations as either cooperative or competitive. The aim is to evaluate whether these two models are valid in researching the behaviour of the key actors in the question of militarization of space. The analysed actors are the United States, Russia and China, as these are the three most important and successful space-faring nations with the biggest potential in the future of space exploration. Analysing their relations, the thesis attempts to evaluate whether the two models of the game theory are valid or not. For evaluating the prisoner's dilemma, bilateral relations are analysed, for the tragedy of the commons, their multilateral relations are analysed. What we learn from the analysis is that both models...
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The position and concept of custom in contemporary international law
Denk, Martin ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
The position and concept of custom in contemporary international law Summary: The purpose of this thesis is to analyze the position and concept of customary law in contemporary international law. The terms "position" and "concept" are used in the meaning of the actual status of the custom within the system of sources of the international law, as well as in the meaning of "value" or "usefulness" of customary law in contemporary international society, also regarding the discussion of authors concerning increasing pace and extent of international relations as a potential ground for diminishment or refusal custom as a valid source of international law. The reason why we chose this topic is, amongst others, to show that even today, under contemporary situation, customary law still have the value within the system of the sources of international law, and its' position should not be abolished or even significantly diminished. The thesis consists of three main chapters. First chapter provides the look into the history, theory and position of custom as a socio-legal phenomenon in different legal cultures in order to describe the key aspects of the view of each of those cultures on intrastate (or intra-cultural) custom and customary law, allowing to stress certain similarities and differences. Subsection one of this...
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International legal recognition of Bosnia-Herzegovina and Kosovo
Skala, Jakub ; Tejchman, Miroslav (advisor) ; Šindelář, Jan (referee)
This seminar paper addresses the issue of international recognition of the state of Bosnia and Herzegovina and Kosovo. The work is based on the application of pre-defined criteria of statehood on specific cases and their comparison. The result is confirmation of the hypothesis that neither of these states do not meet the requirements for recognition of statehood under international law. The seminar paper with the benefit of hindsight validates previous findings and summarizes the abnormal development of the Balkan Peninsula and it stimulates further research in the future.
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