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The Influence of Roman Legal Institutes in International Public Law
Wendel, Teresa ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Salák, Pavel (referee)
1 Abstract The Influence of Roman Legal Institutes in International Public Law Nowadays, international law is perceived as a common part of our legal systems. Nevertheless, the inception and evolution of international law still remains quite unclear. According to many authors, international law is a concept founded in the modern times. However, the idea of regulating international relations existed already in antiquity and was first solidified in detail in ancient Rome. The primary goal of this thesis is to reveal and explain that many of the current legal institutes of international law can be traced back to ancient Roman law. The concept of international law was however not a Roman invention - to a certain extent, it was adopted from Hellenic city-states through a variety of traditions and customs. However, Romans made significant progress in the actual regulation and codification of international relations. These included diplomatic law, status of and relations with foreigners, immigration and naturalization. Further, Roman law contained regulations related to maritime law, international dispute resolution and rules regarding conclusion of international treaties. Finally, law of war and peace was one of the most important and extensive areas strictly regulated by the Romans. The concept of just war,...
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Diplomatic Protection
Mervartová, Petra ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This diploma thesis deals with the topic of diplomatic protection and it's use in the system of international law. The goal of this thesis is to describe the legal institute of diplomatic protection and how it is exercised and to describe both the historical development of the institute and it's future direction. The thesis is divided into five chapters that gradually develop and analyse the topic. The first chapter deals with the definition of the legal term diplomatic protection and it's content. It also lists the conditions under which the diplomatic protection can be exercised. Part of the chapter deals with the history of the institute and also speaks about some legal institutes similar to diplomatic protection. The second chapter summarises the efforts taken in order to codify the institute and introduces Draft Articles on Diplomatic Protection to the reader. This chapter also describes the current situation of usage of the institute. The third chapter is focused on exercising diplomatic protection on behalf of individual citizens. It's main focus is to list all the necessary conditions under which can diplomatic protection be used in those cases. The fourth chapter on the other hand deals with providing diplomatic protection to legal entities and the conditions of such provision. There is a...
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International and European aspects of protection of industrial property
Píza, Jan ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
Resumé The field of legal protection of industrial property has gone through a turbulent period since the end of the 19th century, as it has had to react, not only to the fast development of international trade but also to the increasing importance of research and technological progress. This requested creation of international systems of protection for individual subjects of industrial property, as well as the conclusion of many multilateral international treaties, which aim to ensure minimal standards of protection and unify fundamental principles and substantive and procedural rules, has significantly helped to simplify the position of applicants seeking protection in more countries, as well as those responsible for overseeing these rights. This thesis aims to provide a complex view of the field of industrial property rights and their protection, which will also be reflected in the individual breakdown of the chapters. After the introductory explanation of the industrial property concept and the clarification of the importance of its legal regulation, an analysis of the historical context and development leading to the gradual internationalization of the field, follows. In the remaining chapters space has been reserved for the most important international treaties, whose complexly have regulated the...
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Environmental rights of indigenous peoples
Vančurová, Marta ; Franková, Martina (referee)
This thesis deals with the analysis of the specific instruments of international law applicable to the protection of the environment of indigenous peoples. The thesis consists of four chapters. The first chapter describes the specific relationship which binds indigenous people to their traditional territories and natural resources and the most important threats to these territories and resources. The second chapter focuses on the development of the relationship between the international community and indigenous peoples and analyses the term indigenous peoples. Furthermore, this chapter contains an overview of the international and regional sources of law relevant to the protection of the environment of indigenous peoples. The third chapter draws attention to the international and regional mechanisms of protection of indigenous rights. The fourth chapter contains an analysis of particular environmental rights and systemizes them into collective, minority, individual and procedural rights.
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Komparace rwandské a kambodžské genocidy na základě úspěšnosti potrestání jejich viníků
Kolářová, Ivana
Comparison of Rwandan and Cambodian genocide based on the success of punishing their perpetrators. Brno: 2016. Bachelor thesis. Mendel University in Brno. Faculty of Regional Development and International Studies. Department of Territorial Studies. This bachelor thesis titled Comparison of Rwandan and Cambodian genocide based on the success of punishing their perpetrators focuses on the historical description of the incidents in Cambodia and Rwanda before and during the genocide, which burst out in the second half of the 20th century. Mainstay of the thesis focuses on establishment of courts that were created especially for the punishment of those guilty people of Cambodian and Rwandan genocide. In the case of Cambodia it is the Extraordinary Chambers in the Courts of Cambodia and in the case of Rwanda it is the International Criminal Tribunal for Rwanda. The thesis also focuses on capture and punishing the individuals responsible for above mentioned incidents.
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Respect for Human Rights and Transnational Corporations: Coca-Cola Case Study
Hyšková, Kateřina ; Zemanová, Štěpánka (advisor) ; Trávníčková, Zuzana (referee)
This bachelor thesis deals with the issue of violation of human rights by transnational corporations on a case of Coca-Cola. The theoretical part explains the international legal responsibility of individual subjects of the international environment and the issue of non-binding international legal standards for the issue of transnational corporations and human rights. In the empirical part, the thesis tries to answer the question of to what extent and which specific human rights Coca-Cola violates and analyses the behaviour of the company when confronting states and their citizens for violating their rights.
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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 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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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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Protection of industrial property and international law.
Vymětal, Václav ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Industrial Property and International Law Václav Vymětal Abstract The submitted thesis "Protection of Industrial Property and International Law" and deals with the international aspects of the industrial property rights protection. The thesis begins with defining the industrial rights as a term and its relation to the broader area of intellectual property rights. The main international classifications of industrial property rights are introduced along with the basic principles of their international protection. The thesis subsequently approaches the historical introduction to the examined issues beginning in antiquity and progressing until the great industrial revolution of the nineteenth century which has led to the adoption of The Paris Convention for the Protection of Industrial Property. The general provisions of The Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights are dealt with in a separate chapter, including the historical basis of both treaties, their main principles and contribution to the international protection of intellectual property generally, and industrial property specifically. The following chapter focuses on with the main relevant international organisations, particularly The World Intellectual Property Organization and The World...
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