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Tackling irregular forms of migration: irregular migrants in the European Union - do they enjoy the rights contained in the UN Migrant Workers Convention?
Babická, Karolína ; Hýbnerová, Stanislava (advisor) ; Scheu, Harald Christian (referee) ; Jeřábková, Věra (referee)
The UN Migrant Workers Convention (CMW) that provides for fundamental human rights for migrant workers and members of their families has been adopted in 1990. Until today, none of the EU Member States has signed or ratified it. The EU Member States argue that there is no need for them to accede to the CMW, as, inter alia, the rights contained in it are already secured by other international human rights instruments and in the EU legal instruments. Additionally to the claim of the CMW redundancy for the current EU legal framework, the Member States have several times repeated the fear that the ratification of the CMW could give irregular migrants more rights and increase irregular migration to the EU. Inspired by these two in fact contradictory arguments, this research aims to explore the scope of irregular migrants related human rights protection under international and European law and verify the basis of the EU Member states claims by comparing the scope of rights of irregular migrant workers in the EU with the standards embedded in the CMW. The main research questions posed are What human rights are the irregular migrants entitled to in the EU, based on international and European legal instruments? Is the CMW indeed redundant and unnecessary in the legislative framework of the European Union or is it...
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State and War: Development of the Concept
Duda, Jan ; Barša, Pavel (advisor) ; Slačálek, Ondřej (referee)
The history of international law, understood as an object of intersubjective reality, reflected various territorial structures of human society. States, as bearers of international law, were made in course of history by wars that they led with each other. On the basis of thought of Carl Schmitt we can distinguish two historical structures of territory: the universal medieval empire and the modern sovereign states. Both of these structures were connected with distinct systems of international law and with distinct concepts of war. Since the turn of 19th and 20th century we can observe signs of decline of the Westphalian system of sovereign states. This process, accompanied by changes in concept of war, began to be fully expressed at the beginning of the 21st century in connection with so called war on terror. On the juridical concepts of war on terror and humanitarian intervention I show decline of the Westphalian system of sovereign states and possible return to the international structure of the medieval empire.
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The Potsdam Agreement in the Reunited Germany
Lipenská, Dana ; Šafařík, Petr (advisor) ; Mlsna, Petr (referee)
The thesis deals with the document that determined the form of Central Europe after the Second World War. The thesis is divided into two main parts. The first one is about the legal nature of the Potsdam Agreement, particularly if it can be considered as a valid international treaty, effectual for Germany. The core of the second part lies in the effect of this document on forming relations among Germany and Poland and Czechoslovakia, later only the Czech Republic. As far as Poland is concerned (the crucial was particularly the change of boundaries and their anchoring in the Oder-Neisse line. Regarding Czechoslovakia the most important article is the article XIII, where it was decided to transfer German inhabitants orderly. Germans from Czechoslovakia established a Sudeten German expatriate association in Germany which just in time after the unification of Czechoslovakia began to develop an activity that was an essential element in the formation of official relations. There are different legal opinions, political documents and international treaties which the above mentioned states had concluded.
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Croatia-Slovenia Border Dispute in the Bay of Piran and Reasons of Reaction of both parties to final award of International Arbitration
Lipská, Jana ; Šlosarčík, Ivo (advisor) ; Šístek, František (referee)
This text presents progression of Slovenia-Croatia border dispute in the Bay of Piran and narrates the question of Slovenian junction to high seas. The dispute which escalated with the breakup of Yugoslavia in the early 1990s is one of many similar disputes that has the war in the Balkans caused. Therefore, the text presents the historical progression of the dispute and its solutions. However, none of those attempts of solution were successful and the dispute remained unsolved for more than twenty years until the parties finally agreed to international arbitration. The international arbitration of Permanent Court of Arbitration in Haag between 2012 - 2017 was the last attempt of solution by third party. This text reconstructs the arbitration and analysis reaction of both sides to the Final Award of the Tribunal and its process. Important part of the whole conflict as well as for this thesis is unilateral termination of Croatia from the arbitration due to the presence of wire-tapes which delivered the conversation between Slovenia's government representatives and Slovenian member of the Tribunal. The thesis presents the circumstances of those wire-tapes and reactions of both parties. The thesis contrasts the political arguments and the international law. It also answers the question why Croatia has...
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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David ; Seltenreich, Radim (advisor) ; Vojáček, Ladislav (referee) ; Horák, Záboj (referee)
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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The non-refoulement principle in international law and the law of the European Union: a comparison
Smutná, Anna ; Honusková, Věra (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. In the broadest sense of the term, the principle forbids the forced removal or 'refoulement' of an individual to the territories where he would run a risk of being subjected to the violation of his basic human rights. The non-refoulement principle was enshrined in the 1951 Convention Relating to the Status of Refugees but it was also developed in international human rights treaties such as the International Covenant on Civil and Political Rights or regional European Convention for the Protection of Human Rights and Fundamental Freedoms. Its expression can also be found in Common European Asylum System shared by the Member States of the European Union. The first goal of the thesis is to find out the precise content of the non-refoulement principle with regard to its development and current interpretation in international law. The second aim of the study is to analyze the same principle in the context of European Union law and to assess the compliance of this system with international law. For the sake of clarity, the thesis is composed of two main chapters. Chapter One examines the meaning of the principle in the Convention Relating to the Status of Refugees and takes into consideration...
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International legal aspects of civil aviation security
Havlíková, Kateřina ; Ondřej, Jan (advisor) ; Lipovský, Milan (referee)
International legal aspects of civil aviation security Summary The main focus of this thesis is to analyze the existing legal instruments that the international community has at its disposal in order to secure safe international air transport and its protection from unlawful acts. As the current level of global security tightens, the topic of civil aviation security can be perceived as especially topical. Seen from the perspective of a perpetrator, air transport, including each element of its infrastructure, represents a valuable target. This thesis analyses the legal instruments and evaluates the importance of the legislative functions of the International Civil Aviation Organization ICAO within the framework of the proclaimed risk based approached. The risk-based approach should gradually prevail over the traditional reactive approach firmly established in the existing multilateral treaties dealing with civil aviation security. This thesis is divided into 7 parts. The first of which outlines the genesis of unlawful acts in civil aviation and takes into account the importance of those events for legislative development in the area of air security. Part two deals with selected modern trends in civil aviation security shaping the existing legal regime. Threats of terrorism and cyberterrorism as a present day...
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Development and the current status of legal regulation of mercenaries
Kučera, Jonáš ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
Development and the current status of legal regulation of mercenaries This thesis deals with the issue of mercenary warfare, evolution of the term mercenary, and the position of mercenaries within the internation law. It contains analysis of key international conventions, customary international law and analysis of selected cases. It reviews the evolution if the legislation until present time and provides possibilites for the future. Activites of private military companies and options for their regulation are covered in lesser extent.
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Legal aspects of human rights in the law suit
Šejnost, František ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.
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International regulation of de facto states
Řeháčková, Diana ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Over the course of history, the organisation of human societies has gone through several evolutionary stages. Their peak, primarily in Europe, took the form of states as polities structured around an ethnical basis-nation states. In many cases, their rise and downfall could be rather violent which led to growing social instability. Therefore, international communities began looking for mechanisms to regulate these processes. From the perspective of international law, it was necessary mainly to define the term state and codify the requirements an entity had to meet in order to be considered one. The Montevideo Convention established an elementary quartet, necessitating the presence of a population, territory, executive power and the ability to fully participate in international relationships, i.e. possess external sovereignty. These four aspects, however, still did not entirely suffice which is why secondary requirements kept being inconsistently added, addressing primarily the entity's inner character and its attitude to, for example, upholding universal human rights or minority rights. Nonetheless, simply meeting the above-mentioned criteria is not enough to establish a fully functioning state. In the modern world, it is essentially impossible for a new state to be created without infringing on...
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