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The Importance of Custom in International Law
Savara, Zbyněk ; Trávníčková, Zuzana (advisor) ; Zemanová, Štěpánka (referee)
This Diploma Thesis deals with the importance of customary law in contemporary international law. The thesis provides description of sources of international law, focused on custom as a necessary source of international law. Further the history of international law is described. Finally a brief summary of cases settled by International Court of Justice where customary international law was applied is provided. The task of the work is to provide evidence that the custom is still useful and used source of international law. As a proof of this statement a range of ICJ decisions is mentioned and the process of international law codification and progressive development is described.
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President of the Czech Republic and International Treaties
Krčál, Adam ; Trávníčková, Zuzana (advisor) ; Zemanová, Štěpánka (referee)
The Diploma Thesis deals with the President of the Republic and his/her relation to the International Treaties, to the Negotiation, the Approval and the Ratification. The work contains both international and national perspective of the problem. The thesis is a reflection of the ongoing expert debate, to which extent has the President of the Republic the constitutional right of decision-making autonomy in the field of International Treaties of the Czech Republic. The thesis analyses the current legal situation and presents up-to-date juridical opinions together with arguments from the political science.
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The Relationship between International and European Law
Černá, Karolína ; Trávníčková, Zuzana (advisor) ; Pospěchová, Lucie (referee)
The Diploma Thesis deals with the relationship between International and European law in the context of actual events. The main aim is to analyse this relationship on the particular case of Yassin Abdullah Kadi by means of the wide scale of expert opinions and discussions. The main aim will be achieved through several partial aims (theoretical definition of essential conceptions relating to the theme, description of particular UN resolutions and their implementation into European law, analysis of the judgements of EU judicial authorities in the Kadi case).
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International legal personality of international organizations
Voclová, Karolína ; Kochan, Jan (advisor) ; Zemanová, Štěpánka (referee)
This thesis concerns with the question of international legal personality of international organizations in nowadays world. The main aim of this thesis is to examine the substance of the term "international legal personality of international organizations" in general and on the example of United Nations Organization. The first chapter deals with international organizations in general. It stresses the importance of international organizations at the present time, and the reasons, which have lead to their creation. The term "international organization" is explained. There are three main theories brought out, which try to explain the substance of powers of international organizations as subjects in the field of international law. It is pointed out to the significance of the status, the founding document of an international organization, and to the rights and obligations of international organizations. The second chapter focuses on the term "international legal personality" and its attributes. The demonstrative list of these attributes is provided. The third chapter deals with the U.N., as it is the most significant international organization. The U.N. is used as an example to illustrate the main characteristics of the existence of international legal personality of international organizations. The main characteristics that determine the extent of the term international legal personality of international organizations are as follows: the right to enter into international agreements, the right to bring and receive international claims, the international legal liability for acts of an international organization, the legislative capacity, and also the power to control and the power to impose sanctions. Furthermore, to these characteristics belong the right to send and receive legations and the right of an organization and its staff to enjoy privileges and immunities. Finally, the existence of an independent will of an international organization is mentioned.
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State recognition in the contemporary international law
Sádlová, Martina ; Kochan, Jan (advisor) ; Pospěchová, Lucie (referee)
The establishment process of new states has not been finished yet. There are still some regions which declare their independence. However, their participation in the international field depends on the recognition from other existing states. The international law doesn't include a rule which would constitute a duty to recognise all new states. The attitude of existing states is influenced by their current political situation and their interests. This bachelor thesis is to identificate factors which impact the states on recognition of a new state. The thesis shows reasons why members of international community recognise one state and why some of them not.
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Money Laundering
Holuša, Petr ; Schlossberger, Otakar (advisor)
This bachelor thesis deals with the money laundering and is divided into three parts. The first part includes international and czech law regulation of this issue. Following part of the theory defines money laundering methods and their launderers. In the final part I compare the success of an investigation of suspicious transactions in the selected countries.
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Bankruptcy in the Czech Republic and in the European Union
PAVLISOVÁ, Lucie
In economic and legal practice situations often occur when infringement of rights or neglect of duty can{\crq}t be sanctioned by common means of procedural law. The most typical example of this is when the debtor has liabilities towards a number of creditors and it isn{\crq}t within his power to fulfill them all. Such a situation is usually described as bankruptcy and it is solved in accordance with the Bankruptcy Act. Bankruptcy is considered to be the last resort of settlement of unfavourable financial and economic relations between the creditor and the debtor and it leads to the settlement of their property relations. The purpose and the aim of this procedure is to settle the liabilities towards the aggrieved parties, so that all creditors of one debtor which is in bankruptcy get as equal and just satisfaction as possible. Liquidation or reorganization of multinational companies which are in bankruptcy causes a whole range of legal complications. The expansion of multinational companies and also the considerable number of great bankruptcies with international effects has triggered a debate about the need of creating a system which would involve solving such situations in transnational context.
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