|
|
Natural medicinal resources and sources of natural mineral water in the legislation of the Czech Republic
Křesťanová, Lucie ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with use of natural medicinal resources and sources of natural mineral water in the Czech Republic. This, due to its varied geological structure, has an extensive quantity of these sources, which can be, in dependance on its physical properties and chemical composition, used either for medical purposes within the frame of spa medical rehabilitation rendition or for bottling and production of bottled mineral water. These resources represent a unique natural wealth, and it is necessary to use them according to this foreknowledge and properly protect them. Among other things, it also means setting of such level of legal protection, which ensures their use only to the extent and under the conditions, that won't negatively affect them and ensure their preservation for future generations. Nowadays is this matter regulated by Act No. 164/2001 Coll., regarding natural medicinal resources, sources of natural mineral water, natural spas and health-resorts and related law amendments (Spa Act) and respective implementing regulations. This thesis aims to introduce this legislation as complex as possible and to outline possible legal recourses of controversial issues.
|
|
|
Legal regulation of the protection of sea mammals
Makovec, Vojtěch ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
The topic of this master thesis is the international legal regulation of the protection of marine mammals. The thesis concentrates primarily on the analysis of the species based international law instruments for the protection of the individual marine mammal species. This thesis is divided into six chapters. The first chapter addresses the main principles of the international environmental law, which have the biggest influence on the protection of marine mammals (biodiversity protection, precautionary principle and sustainable development). The second chapter describes the regulation of fisheries, which is closely related to the protection of marine mammals. This part deals with the historical beginning of the international regulation of fisheries, the UN Convention on the Law of the Sea, the division of the sea areas, regulation of individual fish species and the regulation of fisheries after the UNCLOS. The particular instruments of protection of individual species of marine mammals except Cetaceans are described in the third chapter (i.e. polar bears, Pinnipeds and Sirenidae). The protection of Cetaceans is analyzed in detail in the fourth chapter. The protection of whales on the ground of International Whaling Commission is accented. This chapter describes also the standpoint of the whaling countries...
|
|
|
International law and protection of cultural heritage of humankind
Pivcová, Darja ; Stejskal, Vojtěch (advisor) ; Žákovská, Karolina (referee)
SUMMARY: International law and protection of cultural heritage of humankind The thesis deals with international legal regulation of the cultural heritage of humankind. The aim of this thesis is to find the answer to the question whether there is any effective legal regulation capable of protection of cultural sites, objects and monuments against the destruction and devastation and of their conservation for future generations at the international level. It will be concluded that many conventions with different scopes of protection provide insufficient legal tools and therefore contain an ineffective enforcement mechanism. On the other hand the inconvenience also stems from the unwillingness of states to join those conventions that are stronger in their requirements. Eternal trouble seems to be financing as well. The thesis consists of seven chapters. Fundamental chapter is titled International legal sources of cultural heritage protection and is divided into thirteen sections, each section analyses particular cultural heritage convention. The third chapter describes most influential subjects of international law that operate in the field of cultural heritage protection such as UNESCO, ICOMOS etc. The fourth chapter introduces main legal principles that are commonly used in cultural heritage treaties. The...
|
|
|
Institutional safeguarding of environmental protection in the Czech Republic
Emingr, Jiří ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
This diploma thesis deals with the development of the institutional safeguarding of environmental protection in the Czech Republic during the last 30 years, mainly protection of environmental media. The beginning of the diploma thesis is dedicated to the development of the environmental policy of the state. I focused mainly on targets of environmental policy, which deals with institutional assurance. Next chapter describes the development of the constitutional framework of environmental protection. Moreover describes the basic features of environmental law. Following chapter deals with the development of the system of public authorities which participates in environmental protection. Chapter is divided into three subchapters by time period: 80's, years 1990- 1992 and after 1993. Subchapter is divided from national public authorities to regional and local public authorities and public guards. The final chapter describes the development in the field of environmental media's protection, including institutional assurance of the offence liability. Moreover describes the development in waste management. Chapter focuses mainly on the development of the public administration in environmental protection. Each subchapter is dedicated to one environmental medium and divided by time period: 80's, 90's and...
|
|
|
The Czech Environment Inspection
Beranová, Lenka ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the Czech Environmental Inspectorate. It deals with not only the subject, but also the environment in general, protection tools and administrative supervision in general. In the area of inspection is dedicated to its organizational structure, position in the system of state organs of Czech Republic in the area of water protection, its powers, including the protection of the every components (water, air, waste management, nature and landscape and other areas). It also deals with powers of inspection, which focuses mainly on the implementation of controls, but also for providing information. The last section is devoted to an area that has an international dimension, and that the issue of IMPEL and CITES.
|
|
|
Legal regulation of territorial nature and landscape protection
Bejček, Petr ; Stejskal, Vojtěch (advisor) ; Žákovská, Karolina (referee)
This rigorous thesis analyzes in detail the legislation relating to the territorial nature and landscape protection and that of the European and Czech perspective. The thesis describes the legal sources of European nature and landscape protection from the most general point of view, with focus on certain articles of the Treaty on the Functioning of the European Union and EU Action Programs, including the new EU Biodiversity Strategy to 2020. The thesis also refers to the historical development of nature and landscape protection in the Czech lands to the present. It also describes general and special territorial protection in the Czech legal system, included especially in Act No. 114/1992 Coll and analyzes various legal instruments of nature and landscape protection. The thesis describes the European law (Habitats Directive 92/42/EEC and Birds Directive 2009/147/EC, also judgments of the European Court of Justice) and Czech legal sources concerning the Natura 2000 network, and evaluates the success of the transposition and implementation of the Directives in Czech law. In conclusion of the thesis there is used the comparative method to compare Czech legislation relating to Natura 2000 with the special territorial protection and author highlights the differences between them. Two chapters of the...
|
|
|
World Trade Organisation environment related case-law
Ulík, Karel ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
WTO Jurisprudence in Environment-related Disputes Abstract There are a growing number of environment-related disputes before panels and the Appellate Body of the World Trade Organization (WTO). The usual pattern is that one member of the WTO adopts a measure aiming at environment protection, while another WTO member considers the measure to be a restriction on international trade. The following complaint usually alleges violations of most-favoured nation treatment, national treatment, or prohibition of elimination of quantitative restrictions. The defending party then has to prove that its measure falls under one of the exceptions allowing them to restrict trade. These environment-related are a subject of this thesis. In introductory chapters, we explore the evolution of GATT/WTO approach towards the environment, the dispute settlement system, and the substantive law of this international organization. Then we analyze relevant jurisprudence from the very first dispute in 1980, when the US failed to defend their import ban on imports of tuna from Canada, to the recent Brazil ban on import of retreated tyres for their negative impacts on the environment and human as well as animal health. Then we turn to the current, yet undecided dispute on the conformity of a seal products ban with the rules of the WTO. In...
|
|
|
Protection of the environment and the right of ownership
Nocar, Michal ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
This thesis deals with the relationship between environmental protection and ownership rights. The thesis describes the concept of the environment in the Czech constitutional law. Furthermore, it concerns with international legal and constitutional enshrining of property rights and the right to a favorable environment in terms of constitutional case law. Then in the third part followed by the regulation of restriction of ownership rights, the legal conditions under which is expropriation possible and editing voluntary contractual ownership restrictions in order to protect the environment. The focus of the work, in the fourth part, is dealing with the legal regulation in current legislation, an effort to capture the most significant limitation of property rights from the perspective of the owner of the individual parts of the environment, as well as the analysis of selected provisions of environmental law. Finally, this thesis is the formulation of the specific locations of the main conflicts between the protection of the ownership rights and the general interest in environmental protection. A general effect of environmental awareness throughout the company is to decide which of these interests, whether environmental protection or the protection of property rights, in the particular case outweighs...
|
|
|
Protection of marine mammals under International Law
Hloušek, Michal ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The present thesis begins with a brief overview of some of the most important international, mainly global conventions relevant to the protection of biological diversity in its entierety. Subsequent chapters then deal with some species or higher taxons of marine mammals, in particular with cetaceans, polar bears and pinnipeds. The aim was not only to analyse relevant international conventions, but also to discuss some interesting and precise questions that complete and form the conservation regime.
|
|
|
Rights and obligations of the agricultural land ownership
Trávníček, Jan ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This master degree thesis is focused on the rights and obligations of agricultural land owner from the perspective of right. Land belongs to most important sources of planet. Human being cannot alive and exist without agricultural land and cultivation of agricultural land helped to developed modern human civilization. Soil has been threatened on area and as well as quality especially by human, therefore is needed effective legal regulation with a balanced respect for property rights and the public interest in protecting of agriculture land and the environment. The main goal of thesis should be critically analyze on legislation (especially Laws, but also Government Regulations and Notices), regulating the ownerships of agricultural land. After general part of thesis, analyzing ownerships in general follows the interpretation of the ownership of land parcels, supplemented by the system and the development of land registration. The main part of thesis consists of a chapter entitled the rights and obligations of agriculture land owner, which is divided into modes of protection of agricultural land (in terms of area and quality), protection of larger area under Act on the protection of nature and landscape and other laws. The conditions of contemporary agricultural land are dealt in the last chapter of thesis....
|
guest ::
