|
|
Conflict resolution within WTO
Voglová, Andreya ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The object of this work is first to describe evolution of the World Trade Organisation dispute settlement system, which originates from the dispute settlement system under the international agreement GATT 47. Originally it was the diplomatic system without explicit legal regulation, which changed into developed system based on legal regulation of the World Trade Organisation. Next part of this work consists of the analyse of current system regulated by the Dispute Settlement Understanding. The obligatory consultations remain a part of this system. If the agreement is not reached during the consultations, the two-stage proceeding by the panel of experts and by the Appellate Body takes part. The final part of the proceeding is implementation of the decision. Currently the review of the system is in process and many discussions on this issue takes place under WTO, so far with no conclusion. The last part of this work focuses on Banana case III.
|
|
|
Instruments for international organizations to compel their member states. An example of the conflict in Nagorno Karabakh.
Klepš, Václav ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
in English The object of this diploma thesis is to answer the question, how can international organizations (UN, Council of Europe and OSCE) effectively regulate conflicts among their member states, or which instruments are they for this purpose equipped with. The thesis is divided into three main parts - theoretical study, part dedicated to the individual international organizations and the case study. The first part offers a definition of basic legal concepts, as they will be used in the following parts of the study with an emphasis on the definition of the concept "coercion". The following part deals with the instruments of coercion the international organizations are equipped with. In the third part are the findings from the previous parts confronted with a real case of the effort to regulate the conflict between Azerbaijan and Armenia in Nagorno Karabakh. This structure of the thesis can be also described as a progress from a theoretic basis, through an applied theory contained in particular agreements, to their practical realization in the concrete case. Based on the completed study the author concludes that unilateral instruments of coercion, that the particular organizations have at their disposal, are often not appropriate (exclusion from organization), ineffective (political declaration)...
|
|
|
International dispute resolution in sports
Hruška, Jakub ; Balaš, Vladimír (advisor) ; Kuklík, Jan (referee)
International dispute resolution in sports Key words: international sports law, dispute resolution, CAS Abstract The purpose of this thesis is to analyze the mechanisms of dispute resolution in sports. After the introductory first chapter which deals with definitions of basic concepts such as sport in general or sports law, the thesis focuses on international aspects of sports law. The second chapter is concerned with essential issues of international sports law, particularly with the legitimacy of nongovernmental sports federations in the realm of the international legal order, nature of sports regulations, subjects of international sports law and the most important international legal documents. The third chapter describes the structure of international sports federations on the example of the International Olympic Committee (IOC). Special attention is dedicated to the discussion of international legal personality of the IOC and also to the character of the Olympic Charter, which is a crucial international document in the area of sports. The next three chapters examine one of the most important segments of international sports law - dispute resolution. Firstly, a domestic level of dispute resolution is addressed. This passage also contains the analysis of state courts' interventions into the practice and...
|
|
|
Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
|
|
| |
|
|
Mediation as the possible solution of matrimonial (family) conflicts and the alternative of judical process.
ZELENKOVÁ, Lenka
The diploma thesis deals with non-criminal mediation as the aprropriate method of solving matrimonial causes and family conflicts. It describes the marriage and family, their duties, consequences and historical background. The second chapter deals with matrimonial causes, divorces and their consequences. The third chapter emphasizes the method of mediation and the function of a mediator. The last chapter distinguishes mediation family conflicts {--} mediation of divorce and the upcoming legislature of non-criminal mediation. It shows ethic problems and reflects the legality of mediation approach. The draft law of non-criminal causes is the attachment.
|
|
|
Mediation as an Alternative Method of Solving Human Conflicts
ZELENKOVÁ, Lenka
The Bachelor´s Thesis deals with solving of human conflicts using the method of mediation. The theoretical part describes types and ways of solving conflicts, the method of mediation including the techniques and forms, it mentions its history and legal regulations in the Czech Republic. Other part is addicted to roles, main tasks and key competences of a mediator. The last chapter of the theoretical part presents some providers of this service and lists areas of social practice where the mediation is exercisable. The practical part illustrates utilisation of mediation in practice using two case reports. Case report of criminal mediation is obtained on the basis of an extract from a professional document with the consent of the Probation and mediation service of the Czech Republic. The sexond one, the civil mediation, describes a heritage conflict within a family.
|
|
| |
|
|
Analysis of the WTO Dispute on Trade with GMOs
Everett, Kirstin Elizabeth ; Štěrbová, Ludmila (advisor) ; Zamykalová, Miroslava (referee)
In 2003 the United States filed an official complaint against the European Community at the World Trade Organization in regards to the ban imposed on GM crops within the EU, saying that there was no scientific defense for their point of view, and this had created barriers to trade. After one of the longest dispute settlement in WTO history, the body sided with the US and deemed the ban to be restricting free trade. Conflicting research on the safety of GM crops has further complicated the matter and many members of the EU are still choosing to ban GM crops in defiance of the WTO ruling.
|
|
|
Economic Analysis of Judicial Activity
Zabranská, Monika ; Kühn, Zdeněk (advisor) ; Munzi, Tomáš (referee)
The thesis deals with the problem of the monopoly structure of the modern justice system and the heavy regulation of most fields of dispute resolution. In this system, judges themselves comprise a self-interested group seeking relaxed regulation and increased rights from the government. The thesis describes inefficiencies and dangers stemming from the lack of market control of the modern justice system and suggests an alternative in the form of a private justice system. The purpose of this paper is to examine both the problem of successful implementation of competition into the current justice system, while describing various models as to how the private justice system could function without state control, with examples from history. This paper further examines the economic differences between private and public justice systems in terms of incentives, efficiency, the process of law creation, speed, and consumers' satisfaction, as well as the conditions under which different systems work best. The main conclusion of this paper is that society should allow all subjects desirous of opportunities to provide goods and services through new enterprises, even in areas currently the exclusive domain of the state, as doing so brings an increase in quality, speed of solution/service, and innovation.
|
guest ::
