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The legal nature and research of resolutions of the UN Security Council under Chapter VII of the UN Charter
Vneková, Monika ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The United Nations Security Council is primarily responsible for maintenance of international peace and security according to the Charter of the United Nations. To achieve this goal, it is authorized to adopt resolutions binding on member states under Chapter VII of the Charter. Considering the character of situations to which the Security council responds through its Chapter VII resolutions, this legal instrument often stirs emotions among the general public. But what does the law itself say about the Chapter VII resolutions? What is their legal nature and value in the field of public international law? This thesis provides an analysis of the Chapter VII resolutions, offers a definition of a Chapter VII resolution and analyzes some specific resolutions by which the Security Council acted more as a quasi-judicial or a quasi-legislative body. Through analysis of content limits of the Security Council powers, the thesis endeavors to confirm that binding nature of the Chapter VII resolutions as well as an obligation of member states to give effect to those resolutions do have its boundaries; and despite the special role of the Security Council in the field of public international law, its Chapter VII resolutions cannot have unlimited content. First of all, the resolutions cannot be in conflict with...
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Regional and subregional protection of human rights in Africa
Demuthová, Tereza ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
This thesis concentrates on the theme of regional and subregional protection of human rights in Africa. Firstly, it tries to give a summary of the system of human rights protection within the African Union and its evolution with brief characterization of the African Charter on Human and Peoples` Rights, the African Commission on Human and Peoples` Rights and the African Court on Human and Peoples' Rights. The second chapter concentrates on the protection of human rights under the regional economic communities provided by three subregional courts, namely the ECOWAS Court of Justice, the SADC Tribunal and the East African Court of Justice. It provides an insight into the functioning of these three subregional courts and analyses questions relating to their human rights jurisdiction as well as their human rights practice and different challenges that these courts had and have to face. It concludes that although the effectivity of the regional and subregional human rights protection in Africa is yet not high and has to be improved, the system is still in its beginning and there is a potentional for the subregional courts to became more effective forums for human rights protection.
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The Dublin system as part of EU asylum law
Kahounová, Alžběta ; Scheu, Harald Christian (advisor) ; Faix, Martin (referee)
The subject matter of my thesis is the Dublin system which includes the Council Regulation (EC) No 343/2003 of 18. February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and the Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention. The aim of this thesis is to acquaint its readers, point out the shortcomings and benefits of the existing regulation and evaluate the application of both regulations. I was trying to explain the functioning of this system with the help of the cases of ECHR and CJEU. My thesis is divided into five chapters. In the first chapter, I focused on the development of a common European asylum system before the adoption of the Regulation and then also at the Regulation itself and the objectives it observes. The second chapter is devoted to the principles and criteria for determining the responsibility of the Member State to examine an asylum application. After I mentioned the general principles set out in the Regulation, I have dealt with the actual procedure of determining the Member State. There is also...
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International Criminal Court: The Results of the Review Conference on the Rome Statute
Davidová, Barbora ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The aim of my thesis is to evaluate the results of the first review conference on the Rome Statute that took place from 31 May to 11 June 2010 in Kampala, Uganda. The review conference provided all the attendants with exceptional possibility to share views and experience. Among the attendants were not only State and non-state parties and international legal experts, but also members of intergovernmental organizations and non-governmental organizations. The thesis composes of four main chapters. Chapter one provides with an introduction to the topic of international criminal justice and my experience in the field and my attachment to the topic of the International Criminal Court. Chapter two named Introduction to the International Criminal Court briefly describes the establishment and functioning of the Court. It also provides the reader with summary of the crimes covered by the Rome Statute. The chapter concludes with introduction to cases and situations the International Criminal Court investigates. Chapter three is further divided into six parts and describes the review conference itself. The first part introduces the review conference, its reasons and ambitions together with its program. Part two describes special part of the conference called Stocktaking. Second part is subdivided according to...
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Jurisdictional aspects of combating piracy
Menšík, Matyáš ; Faix, Martin (advisor) ; Ondřej, Jan (referee)
Jurisdictional Aspects of Repression of Piracy The purpose of this thesis is to analyse the jurisdictional aspects of repression of piracy in modern international law. The main reason for my research was to find out, whether there were sufficient legal instruments to be used while fighting piracy off the coast of Somalia. The thesis is composed of an introduction, five chapters and a summary. After an introductory chapter, which sets out the goals of this thesis, chapter one gives a brief insight into piracy's role throughout the history and shows the main causes of the Somalia piracy crisis and the answer of the international community. Moreover, this chapter explains that while piracy off the coast of Somalia seems to be a problem of the past, new piracy epicentre seems to have emerged near the coasts of Nigeria. Chapter two gives a deeper insight into the problem of defining piracy. It gives examples of the different definitions as used in various legal and also supporting documents and further follows up on the definition of piracy iure gentium as is stipulated in the UN Convention on the Law of the Seas. Chapter three sets out the theoretical grounds for asserting jurisdiction. At first, it concerns itself with territorial jurisdiction, as the most common and well established base, and after...
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Diplomatic privileges and immunities of bodies and workers of the EU institutions
Cvoligová, Karolína ; Scheu, Harald Christian (advisor) ; Faix, Martin (referee)
Diplomatic privileges and immunities of bodies and workers of the EU institutions Le sujet de ce travail est de présenter des privilèges et immunités concernant l'Union européenne en tant qu'organisation internationale, ses fonctionnaires, agents et autres personnes susceptibles d'agir dans son intérêt. À la différence des immunités des États, accordées à ces derniers au nom de leur égalité souveraine, les immunités des organisation internationales se justifient exclusivement par leur caractère fonctionnel. Elles visent en effet à assurer à l'organisation une certaine autonomie et une indépendance indispensables à l'efficacité de son action. L'Union alors jouit des privilèges et immunités nécessaires à l'accomplissement de sa mission. Le document servant de base juridique, dans lequel les privilèges et immunités de l'UE sont définie , est le Protocole du 8 avril 1965 sur les privilèges et immunités des Communautés européennes. Ce dernier a été révisé au 1er décembre 2009 par le traité de Lisbonne. L'UE remlace ainsi, par ce traité, la Communauté européenne, ainsi duquele Protocole sur les privilèges et immunités des Communautés européennes, qui devient le Protocole sur les privilèges et immunités de l'Union européenne. Ce Protocole concerne l'UE, ses organes, les représentants des États...
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Extraordinary Renditions and Human Rights
Švepeš, Petr ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
1 Abstract Extraordinary Renditions and Human Rights Ing. Petr Švepeš The topic of this thesis is Extraordinary Rendition as the phenomenon of contemporary counter- terrorism strategies and its critical reflection in light of International Human Rights Law. Extraordinary Rendition represents a controversial method of obtaining intelligence information about terrorist activities carried out worldwide by the CIA. This method is based on the identification of terrorist suspects who might know valuable intelligence, followed by their tracing and subsequent kidnapping with direct assistance or connivance of the state in whose territory that person is located. Kidnapped persons are secretly transported by private jets via the "global spider's web" to a selected country which practices advanced interrogation techniques using various methods of torture. In this country the persons are incommunicado imprisoned and interrogated by local authorities. Extracted intelligence information is then passed on to the CIA and the suspects in this country are either criminally charged and indicted, further imprisoned without formal charges or simply "disappear." The main objective of this thesis is to present a detailed human rights analysis of Extraordinary Rendition and to identify potential violations of binding norms of...
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Damages in investment disputes
Bejleková, Šárka ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
1 Abstract This thesis aims to transparently elaborate the topic of damages in investment disputes. Chapter One is a brief introduction to the problem. It provides a short clarification of the concept and meaning of arbitration and its importance for the protection of investors; it also describes the principles of modern forms of investor protection. The end of the first Chapter includes a short introduction regarding the sources on damages in investment arbitration. Chapter Two deals with the issue of valuation. At the beginning the author approaches the issue in general, describing the basic terminology and definitions and providing the classification of the valuation methodology (Market-Based Approache, Income- Based Approach, Asset-Based Approach). This is followed by outlining the issues related to the term "market value", when the author focuses on the questions related to the calculation of fair market value, its use in practice, issues related to this use, etc. The next is the theme of damage arising from the breach of a contract and by describing the ways of valuation of the damage arising from the breach of a contract. The Chapter also includes the study regarding the issue of the determination of damages in the absence of the market, and analyses the issue of the moment as at which the valuation...
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Patková, Lucie ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The thesis deals with topic of universal jurisdiction with an emphasis on British House of Lords' decisions in case of former Chilean president Augusto Pinochet from years 1998 and 1999. Universal jurisdiction enables to prosecute crimes committed abroad by persons, who at time of such commission were neither the citizens of state in question nor the permanent residents of the state. It is expression of an idea, that it is common interest of the whole international community to prosecute the most serious crimes under international law, irrespective of any link to the prosecuting state, because such crimes relate to the whole international community and not only single state. The first chapter of the thesis deals with national criminal jurisdiction, whose comprehension is necessary for further understanding of universal jurisdiction. The universal jurisdiction is the main topic in the second chapter, in which I outline a brief history of the concept, mention application of the universal jurisdiction in case with Adolf Eichmann in Jerusalem, and try to find out where the importance of universal jurisdiction lies or what the main alleged disadvantages and risks are as well. My further concerns are the scope of universal jurisdiction, that is the crimes that are subjects to its application, universal...
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International legal aspects of the use of no-pilot aircrafts in a modern armed conflict
Janák, Michal ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The thesis deals with the armed conflict phenomenon of past several years - unmanned aerial vehicles (UAV). Despite the fact that the present deployment of UAVs is often presented as a revolutionary, it is possible to track down the roots of remotely controlled planes without crew on board back to the years short after the Second World War. Today's versions of UAVs represent this historical concept brought to perfection thanks to the modern technologies. Their deployments raise legitimate considerations whether they may represent prohibited mean of warfare in terms of humanitarian law or whether their usage is not in contrary to law of armed conflict. This thesis aims to identify those differences between UAVs and traditional piloted aircrafts that may cause different legal classification of the UAVs to the traditional piloted aircrafts. First chapter includes short historical background which may bring interesting connections with political atmosphere after Second World War. It is also pointed out that the concept of unmanned aircrafts is not new. This chapter also includes technical facts and details about current modern UAVs like Predator, Reaper or Global Hawk which may serve for an easier legal analysis. Second chapter deals with the definitions and differences between two main types of armed...
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