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Legal instruments of waste management
Humpálová, Šárka ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The purpose of my thesis is primarily to describe the system of the waste management instruments and their role in the environmental protection and to analyse if the system is working well and is able to reach the outlined binding goals in the future. Due to the planned legislative changes the attention is paid to the individual sources of law. Although I focused more on the national law, I did not forget to mention the international and European law either. In the partial conclusions and in the finale of the thesis itself I summarize and generalize acquired knowledge and try to indicate some of the weak spots in the waste legislation.
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Legal regime of Marine Biodiversity Conservation in Areas beyond National Jurisdiction
Majovská, Barbara ; Žákovská, Karolina (advisor) ; Derlich, Stanislav (referee)
The seabed has long been an unexplored area and we still do not have all the information about its environment. In the second half of the 20th century, the development of technology allowed a better exploration of the seabed. There have been discovered seamounts, hydrothermal vents and other formations. Around these formations there are rich ecosystems that are currently threatened by mining, deep-sea fishing, bioprospecting and deep-sea tourism. Most of the seabed is beyond the area of national jurisdiction and currently there is no legal convention aimed at protecting this area. This thesis explains the concept of biodiversity, its significance and threats. The main legal instruments for the protection of the seabed biodiversity are analysed. These include the 1982 United Nations Convention on the Law of the Sea, the so-called Constitution for the oceans. At the time of the adoption of this Convention, activities on the seabed were still being developed. The UNCLOS Convention therefore regulates only the activities of exploration for and exploitation of the resources on the seabed beyond national jurisdiction, in the Area. The importance of the UNCLOS Convention for the protection of the marine environment was therefore limited. Due to the activities of The International Seabed Authority and The...
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The air quality in the Moravian-Silesian region from the legal point of view.
Kubicová, Barbora ; Žákovská, Karolina (advisor) ; Derlich, Stanislav (referee)
The aim of this work is to provide basic insight into the long-term unfavourable environment of the Moravian-Silesian region and to outline the possible human rights issues in solving this problem. The initial chapter presents the topic of work and its further systematics. The following chapter deals with the historical development from a general point of view and with special regard to the Moravian-Silesian Region. The third chapter contains an overview of the selected pollutants with a description of their impacts on human health and also focuses on the conclusions of the research project The Czech Academy of Sciences - Ostrava Program. The following, fourth chapter, briefly describes the current legislation on air protection in the Czech Republic, along with its basic concepts. The fifth chapter is dedicated to the individual legal instruments of air protection in the Czech Republic. The sixth chapter deals with the issue of court rulings on the issue in domestic courts and the subsequent part concerns the current and future potential development of the jurisprudence of the European Court of Human Rights. At the end of the thesis the prior text is summarized and evaluated.
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The liability in the area of animal protection
Křížová, Barbora ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
English abstract This diploma thesis deals with tort liability in the area of animal protection. It summarises international legislation, EU legislation and also the Czech one. At the beginning, it deals with the definition of essential terms such as definition of an animal and its categorisation and introduction into the issue. It provides insight not only into the status of animal in public law but also into its status in private law. Subsequently, it analyses liability, its elemental features and classification. Afterwards, is describes important international treaties, including the conventions of the Council of Europe. At the EU level, discusses primary legislation, secondary legislation and conceptual tools. The part of the thesis which concerns Czech law focuses on the Act no. 246/1992 Coll., on protection of animals against cruelty, where it emphasises on administrative offences concerning this area. Also mentioned are some other acts regarding the animal protection. In conclusion, it does not forget to define crimes in the area of animal protection and against animals and subsequent sanctions.
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Legislation of animal experiment
Kropíková, Karolína ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
This diploma thesis analyzes legislation of executing animal experiments and protection of experimental animals. It is divided into five chapters, each of one is focused on specific area of the topic. The first chapter describes legal sources on international, European and state level. The chapter is closed by a subchapter about judicial activity. The second chapter is focused on principles of animal experiments and its two subchapters describe the 3R concept and legal principles of animal experiments. The third chapter concerns theoretical aspects and key concepts of animal experiment. It is divided into four subchapters, which involve the term of animal experiment, welfare, status of living animal in a legal system of Czech Republic and alternatives to animal experiments. Each of this unit is divided into subchapters, which are focused on specific areas. The fourth chapter concerns six subchapters, which describes the authorization for using animals for experiments, persons working with experimental animals, acceptable experiment, experimental animals, project of experiment and executing experiments. Each of this units is divided into subchapters according to focus of each chapter. The last fifth chapter describes delict responsibility and it is divided into two subsections - responsibility in...
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Advantages and risks of introducing animal legal personality into Czech law system
Houdek, Pavel ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Advantages and risks of introducing animal legal personality into Czech law system The topic of my thesis is animal legal personality and consideration of advantages as well as negative aspects of introducing it into the Czech law. The aim of this work is to examine whether the animal legal personality is a solution that could lead to higher animal protection. In order to assess the benefits and risks of introducing legal personality of animals, I analyze the current legal status and investigate whether animals have any rights today. Furthermore, I concentrate on whether the integration of the legal personality of the animals into the legal system is at all possible, and seek such form that would make the integration acceptable. The work is divided into six chapters. In the first chapter I examine the history of the legal protection of animals with a focus on its development in the Czech lands. The second chapter is a summary of current legislation of animal rights, especially in the Czech Republic but also in other European countries. There is a sub-chapter here dealing with international law that has a direct impact on the Czech law. In the last sub-chapter I seek an answer whether, according to the applicable law of the Czech Republic, the animals already have any rights today. In the third chapter I...
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Records of Rights and Other Data in the Land Registry
Kostková, Marie ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Records of rights and other data in the Land Registry should be considered as very actual topic because of the new Act No. 89/2012 Sb., Civil Code. This Act contrary to the previous legislation brought out a lot of changes, which had to be integrated in to the legislation of the Land Registry. Changes consits from different definition of the immovable thing, and from raising of various rights newly registered in the Land Registry including rights with the character of the obligation. Major change is in the reinforcement of the principle of publicity material of the Land Registry, which make it possible to acquire the right of ownership and other rights in rem from somebody, who is not really an owner, if the conditions of the law are met. With the reinforcement of the principle of publicity material the Act No. 89/2012 Sb., Civil Code, brought out also tools for real owners and other entitled persons from others rights in rem to defend themselves before the principle of publicity material, which was also necessary to project in to legislation of the Land Registry. Powered by TCPDF (www.tcpdf.org)
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The remedial measures in the protection of the environment
Derlich, Stanislav ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Průchová, Ivana (referee)
The remedial measures in the protection of the environment. This thesis focus on the remedial measures which belong to legal instruments and create an integral part of the public law. The public bodies, which are responsible for the enforcement of public interests, are in charge of enforcement of remedial measures to be done. As in the international law, the state is primarily responsible for remedying of damages arising from activities under its jurisdiction. Despite the remedial measures are incorporated into almost all legal enactments, the quality of the legislature is rather low and this legal tool has been beyond the academical interest. The remedial measures represent one of the most important instruments of the environment protection and are closely connected with the principles of the environment protection, i.e. the principle of the sustainable development, the polluter- pays principle, the preventive principle and the principle of the State responsibility. The remedial measures create a part of the measures within the environment protection, which primarily work as subsequent measures and partly as continuous and preventive ones. The remedial measures comprise different kinds of measures, the main goal of which is to remedy changes which are considered to be undesired from the legal and...
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Legislation on treating animals in human care
Konečná, Petra ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
1 Abstract This Master's thesis entitled Legislation on treating animals in human care compares Czech and Australian legislation in selected aspects of three categories of animals in human care - farm animals, companion animals and animals used for scientific and other research purposes. The thesis is composed of 5 main chapters. The first chapter describes sources of law regarding treating animals in human care from the perspectives of international law, European Union law, federal Czech law and Australian law. The second chapter explains basic terms - an animal and its legal status and animal in human care in Czech and Australian legislation. The third chapter focuses specifically on farm animals as a category of animals in human care as it is detailed in Czech and Australian legislation. The fourth chapter deals with companion animals in both countries' legislation. Finally, the fifth chapter describes the legal protection of animals used for scientific and other research purposes in Czech and Australian legislation. . Keywords animal human care animal protection
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