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Human Trafficking in Russia in European and international context
Pojman, Petr ; Kubát, Michal (advisor) ; Svoboda, Karel (referee)
In this work I deal mainly with tree aspects of human trafficking in Russian Federation. In the criminological perspective I focused on the process in which women become victim of human trafficking. Likewise, I am trying to characterize organized crime and principles of its operation in Russia. Both of these aspects are described in the context of security, political, economic and social situation in both the destination and source regions. Russia is due to its social, economic and geographical situation transit, source and destination country simultaneously. I specifically focused on international trafficking. National trafficking is more latent but it is mentioned in the context of international one. I deal with the situation of victims in particular contexts, which is uses by organized crime to obtain them. There is brief outline of their role in investigating of cases of human trafficking. The main theme of this work is a criminal organization. I especially deal with the ways in which criminal organizations are involved in illegal migration and trafficking women outside the territory of the Russian Federation. The work is conceived primarily as a description and analysis of the broader issues related to human trafficking in Russia, particularly in international and European context. Usually do...
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The protection of investments by holding groups and the role of the institution of corporate veil in case-law
Mach, Tomáš ; Růžička, Květoslav (advisor) ; Pauknerová, Monika (referee) ; Rozehnalová, Naděžda (referee)
The current thesis focuses its attention on the arena of international investment protection. Using available case-law, it aims at answering the question as to in what way the nationality of an investor is being determined under international law - in particular in arbitration. Moreover, it aims at determining the impact a chaining of investors from different states into a holding structure potentially has on the arbiters' view when determining an investor's (or an investment's) nationality. The objective of this thesis is to determine to what extend the institution of corporate veil influences the nationality of persons participating on above described holding structures, in terms of how these are viewed in international arbitration and to what extend piercing a corporate veil exists in the arbitral case law. The dissertation is divided into several chapters which, although relatively independent interrelate in the covered subject matter with one another as follows: The first chapter's objective is to introduce the reader into the arena of investment protection and to provide him/her with a historic overview and discussion of international law. In doing so, the discussion starts with the customary regime of diplomatic protection - as defined by E. de Vattel1 in 1759. Then, then the discussion moves...
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Selected chapters on the jurisdiction of a state in international law
Pulgret, Miroslav ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee) ; Týč, Vladimír (referee)
SELECTED TOPICS OF STATE JURISDICTION IN INTERNATIONAL LAW 1 ABSTRACT This study deals with the theoretical question of state jurisdiction under international law. Jurisdiction is defined as the legal title for the exercising of state power which may affect the rights and obligations of persons. The study analyzes jurisdiction, explores the possibilities and limits on the use of the various jurisdictional titles and their interplay. International jurisdictional law is mainly governed by customary international law. Some treaties have been concluded in the field of international criminal law. This study examines the jurisdictional issues focusing mainly on the criminal law. This corresponds with the selection of practical examples from the criminal law, which are listed by each of the jurisdictional titles. The practical impact of the jurisdictional theory on national law is illustrated using the specific provisions of the Czech Criminal Code, Austrian Criminal Code and German Criminal Code. States as sovereign subjects of international law are entitled to exercise jurisdiction not only within their own territory, but also, in accordance with international law, outside their own territory. The jurisdiction of subjects of international law may come into competition. In spite of the fact that the States are...
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Spread of International Law into Decision-Making Practice of Domestic Authorities
Mikeš, Petr ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Týč, Vladimír (referee)
1 Abstract Spread of International Law into Decision-Making Practice of Domestic Authorities In principle international law does not impose its subjects how to achieve compliance with its international legal obligations within their jurisdiction. However, for the effectiveness of international law in each country it is the approach of legislative, executive and judiciary authorities to international obligations that is vital. The thesis focuses mainly on the judiciary, while the issues of international law application by the domestic courts have not yet been at full length described. Part One is an introduction which describes the subject of the work methodology and terminology used in its processing. The first main aim of the thesis was to examine in detail legal rules for the application of international law as they result from both constitutional and ordinary law. These rules constitute a framework within which institutions applying international law deal with it. The third part of the thesis is mainly dedicated to fulfilment of the first main aim, it is entitled The Current Application of International Law by National Authorities of the Independent Czech Republic and the Development of this Legislation. But partially also the second part, entitled Historical Development of Binding Force of International...
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Model agreements on double taxation avoidance in the practice of the Czech Republic
Taschner, Lukáš ; Kotáb, Petr (advisor) ; Novotný, Petr (referee)
This thesis deals with international taxation, which is becoming an increasingly important issue due to the globalization of world economy in recent decades. International taxation is a broad topic including a variety of problems concerning it. Among the most important recognized phenomena are International double taxation and tax evasion. The conclusion of bilateral tax treaties seems to be the most efficient instrument for their solutions so far. Model Tax Conventions have been prepared by international organizations for the purposes of coordination of structure, wording and interpretation of numerous bilateral agreements. The OECD Model Treaty and the UN Model Treaty are widespread worldwide, being legally non- binding models for negotiations of bilateral agreements. In addition to those, the proposal of a new multilateral European Union Treaty has appeared. It should be signed by all members of the European Union, and it would replace all bilateral agreements concluded between the EU member states. Within the global community of other states and nations, the Czech Republic has an open and liberal economy. Therefore, it is necessary for the Czech Republic to have all international tax issues ensured with each economic partner. Over the past twenty years, the Czech Republic has concluded 67 out...
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Scope of EU law
Hanák, Radek ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Scope of EU law This thesis deals with scope of EU law. Scope of EU law in concrete situation is defined by meeting conditions layed down for material, territorial, personal and temporal scope of EU law. The aim of the thesis is to define when those conditions are met and to analyse situations, where it's not clear which legal order to apply and to give the reader an insight into situations when union law applies. This thesis is divided into two parts - first part gives insight and definitions about fundametal terms used in second part of this thesis. Part two deals with topic of this thesis. First chapter of the second part analyses material scope of Union law, thus answers the question in which legal relations has Union law material scope and divides material scope of Union law into two categories: exlusive material scope of Union law and non-exlusive material scope of Union law. This thesis also analyses criteria, which are used to determine, if in specific legal relations has material scope Union law or national law. Second chapter of the second part describes territorial scope of EU law by defining in which territories specific EU legal act can by applied, in which territories Union law has full scope and in which limited scope, whereas it's needed to take into account provisions of specific...
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Enactment of the health sector in the new Civil code and comparison with the Civil services law
JANOŠŤÁKOVÁ, Iveta
Numerous separate legal norms dealing with the individual spheres of everyday life exist in the Czech Republic at present; some acts mutually overleap and complement one another. Provision of healthcare and healthcare services is regulated by numerous international and national regulations in compliance with adherence to the basic human rights. The healthcare law issues are particularly dealt with by Act No. 372/2011 Col. on healthcare services and the conditions of their prevision, which became effective on 1 April 2012 and substituted Act No. 20/1966 Col. on people health care. Acceptance of the Healthcare Service Act completed the post-revolution changes in healthcare. The Act represents a relatively comprehensive system of rules, among others it regulates the rights and obligations of patients, healthcare providers and healthcare staff in provision of healthcare services. Recodification of the private law was completed in 2012. Act No. 89/2012 Col., the Civil Code was passed within that. It became effective on 1 January. This thesis is divided into five chapters including the conclusion. The first chapter tries to outline the development of the legal norms in healthcare and social sphere in our country. The development of the social-healthcare policy of the state from the late 19th century was later slowed down by the world economy crisis, the Second World War and the consequent normalization. The second chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. It defines the basic terms health and disease. It specifies the individual models of human approach to health, the structure of the Czech healthcare; a part of the chapter deals with the physician-patient relation, particularly with its modification from the paternalistic approach of a physician to a patient to the partnership relation, in which a physician and a patient become equal partners. The third chapter introduces the international and national regulations forming a part of the current healthcare legislation. This legal norm expresses the willingness of the society not only in the Czech Republic to protect the basic values of a human being in healthcare provision. The fourth part of the thesis focuses in detail on selected spheres of provision of healthcare and healthcare services under the effectiveness of Act No. 372/2011 Col. on Healthcare Services and the newly passed Act No. 89/2012 Col., the Civil Code. The new regulation introduces a new type of contractual relation, a contract of healthcare, which should regulate the legal mode of the healthcare provision, including the position of a healthcare provider and a patient in healthcare provision. It also includes a complex regulation of intervention into natural person's integrity and the necessity of his/her agreement with such an intervention. This part of the thesis examines the relation between the Healthcare Service Act and the new Civil Code. The aim of the thesis was to map the previous and the new healthcare legislations and to specify the basic differences in the legal norms, and to assess the consequences of the changes in the regulations for a patient upon comparison of both the legal norms. This thesis is a theoretical one, based on detailed studying and on a content analysis of particularly regulations, specialized literature and further available sources. The conclusion, i.e. the fifth chapter summarizes selected problems of provision of healthcare and healthcare services. The new civil code is based on the requirements of the modern society and provides much higher improvement of patient rights. This levels the legal positions of both the involved subjects, the physician and the patient. Healthcare provision is however primarily regulated by the Act on Healthcare Service Provision and the Conditions of their Provision, namely in more detail than by the new Civil Code, which is in the subsidiarity relation to the special regulation.
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The prosecution of crimes committed during the Rwanda genocide
Frantesová, Ivana ; Kochan, Jan (advisor) ; Trávníčková, Zuzana (referee)
This bachelor thesis deals with the prosecution of crimes committed during the Rwanda genocide at both international and national level. The thesis focuses mainly on the activity of the International Criminal Tribunal for Rwanda (ICTR), national courts and the activities of the Gacaca courts. The aim of the thesis is to evaluate the impact of the respective institutions on restoration of justice and achieving peace and national reconciliation in Rwanda based on their in-depth analysis.
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Transformation of Public-Private Partnership in the post-New Public Management era: challenges to British and Spanish approaches
Witz, Petr ; Rovná, Lenka (advisor) ; Ochrana, František (referee)
The diploma thesis aims to examine and compare public sector structures involved in managing the deals under the Public-Private Partnership (PPP)/Private Finance Initiative (PFI) in the UK and Spain as well as application of Public-Private-Citizen Collaboration (PC2) framework within the two systems in the era of post-New Public Management. The spread and use of knowledge and skills capacities and the overall ability of the national institutional models to protect the public interest in an effective and efficient way is assessed together with openness and transparency of PPP programmes using the Web 2.0 tools able to reach and engage citizens in the process of implementing the policy and procurement of individual schemes. Special attention is paid to the ways in which the private sector entities on the one side and citizens on the other can approach the public authorities and influence the shape and features of the partnership and its results. PPP has been widely used for financing of investments into the public infrastructure in many countries in Europe and elsewhere. Through PPP, private sector is invited to take care of financing, construction or modernization and subsequent maintenance of certain public assets over the life of the contract that usually lasts about 30 years. The programmes of...
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The comparison of intercultural marketing differences in the selected markets of the EU and the Eastern Europe with a focus on industrial organisations behaviour
Hrbek, David ; Zamykalová, Miroslava (advisor) ; Přikrylová, Jana (referee) ; Kita, Jaroslav (referee) ; Stránský, Lubomír (referee)
Intercultural marketing is a constant process of marketing programs adaptation to the national or international target markets. Intercultural differences play an important role in the process of implementing marketing strategies, hence while doing marketing research, market segmentation and selection of suitable target groups, developing brand positioning and implementing marketing mix -- product, price, distribution and communication. The dissertation work of David Hrbek provides a reader with a complex of characteristics of cultural divergences in selected countries of European Union and Eastern Europe -- Germany, Austria, Italy, Poland, Russia, Ukraine and Belarus -- with a goal to define manners of behavior of industrial (B2B) subjects in these countries, to analyze business environment and to synthesize the main findings about the ways of leading business negotiations. Based on numerous practical examples the author comes to the conclusion that in spite of the fact business negotiations in B2B markets have been determined mostly by rational data - product description, services, price, terms of delivery, payment conditions, etc. - it more and more appears, that knowledge of cultural disparities of particular countries, selection of appropriate methods of business negotiation with a foreigner, and ability to adjust business habits and ethics in foreign environment, significantly influence results of the business transactions. Without knowledge of local environment, language, hierarchy of values, historical and cultural heritage, and at last but not least careful selection of strategy and tactics of business negotiation, it would be very difficult to realize large and organizationally complex business contracts. The work has a highly practical use due to extended collection and synoptic comparison of business environments in seven selected European countries. The author offers broad analysis of political, legislative and economic factors, and describes specific conditions for selling Czech goods into the above mentioned markets. These data, collected in close cooperation with the Czech embassies and commercial representation abroad, are universally applicable for Czech exporters and establish a frame for further analyses in the area of social-cultural environments and leading business negotiations with foreign partners.
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