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International legal framework for foreign political missions of the European Union
Faix, Martin ; Hofmannová, Mahulena (advisor) ; Hýbnerová, Stanislava (referee) ; Klučka, Ján (referee)
1 Abstract One of the proclaimed goals of the European Union is to contribute to an "effective multilateral system leading to a fairer, safer and more united world". In order to enable itself to achieve these goals, the EU implemented a number of changes in the field of its common foreign and security policy. One of the most apparent elements of this process became its crisis management operations (CMOs). The progressive development of the ESDP, creation of capabilities enabling the EU to conduct military operations, and continuously raising number of military CMOs, point more and more urgently to the need to analyze these developments through the prism of international law. Out of these facts arises also the main question of the thesis: Has the EU's increasing military emancipation been paralleled by the definition of a clear international legal framework? The thesis is divided in five parts. The first chapter provides an overview of the basic characteristics and present status of the ESDP. We argued that the EU in order to achieve its goals has currently a wide range of instruments at its disposal, including an emergency a crisis response system. This system enables the EU to respond to whole spectrum of crisis situations and conflicts, including peace enforcement operations. The EU established respective...
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Genocide in international law
Hokr, Lukáš ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
1 Abstract Genocide belongs to the category of crimes under international law. Crime under international law means the act of a natural person acting in an official capacity or with the consent of the State and whose conduct violates important norms of mandatory law. A perpetrator committing the offence has the individual criminal responsibility which follows directly from international law. The term genocide was first used by Polish-Jewish lawyer Raphael Lemkin in 1944. Lemkin's idea of genocide as a crime against international law was widely accepted by the international community and was used as one of the bases of the Nuremberg process. Genocide has not been since the beginning of the traditional division of crimes under international law listed as a separate crime. The criminal act was regarded as a part of other crimes under international law, especially crimes against humanity. Genocide acquired autonomous status as a separate crime under international law only after the 2nd World War in 1948, when the Convention on the Prevention and Punishment of the Crime of Genocide was adopted. The Genocide Convention of 1948 and the corresponding rule of customary international law require both the objective and subjective elements to meet so as to incur individual criminal responsibility for the crime of...
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International nature of agreements concluded by international non-governmental organizations
Lehkoživová, Ivana ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The Nature of International Law in Agreements concluded by International Non-governmental Organisations The aim of this thesis is to examine the international nature of agreements concluded by international non-governmental organisations (hereinafter referred to as INGOs). Do INGOs enter into contracts ruled by public international law? As INGOs regularly participate in international conferences, this first research question implies others: What is the role of INGOs in international treaty - making? Are they or might they become parties to "traditional" international treaties? With regard to the method of work and sources, the study is an analysis based on various academic publications including books and articles and detailed research into particular agreements. The work is composed of four chapters. Chapter one is introductory and defines the term INGOs, provides short information on their history in international law and describes their current position in international law. Chapter two discusses the issue of subjects of international law with respect to INGOs. The possibility of INGOs being the subjects of international law is investigated. Chapter three concentrates on international treaty-making. This chapter is divided into five parts aimed at characterising this general topic in accordance...
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Legal tools for the protection of diplomatic missions and representations.
Popovová, Daniela ; Beránek, Milan (advisor) ; Faix, Martin (referee)
Legal instruments of protection of diplomatic missions and representatives This diploma thesis thematically deals with public international law, namely with the law of diplomatic and consular relations focusing on the legal instruments of the protection of diplomatic missions and representations. It aims to analyze selected international legal instruments and to evaluate the effectiveness of protection provided by them. The first chapter deals with the right of a sovereign state to establish diplomatic relations, i. e. ius legationis. Briefly mentioned are attempts to unofficial codification of the law of diplomatic and consular relations, which preceeded the official codification of the Vienna Convention, which are developed by the International Law Commission. The bulk of the chapter is devoted to the process of creation and adoption of both the Vienna Conventions. In the second chapter are analyzed those provisions of Vienna conventions, which provide preventative protection to diplomatic agents and consular officers as well as to premises of diplomatic missions and representatives. These provisions govern legal institut od diplomatic inviolability and also the special duty to protect diplomatic misssions and representatives provided by the receiving State. The third chapter focuses on selected...
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Torture prohibition in international law
Kollárová, Tereza ; Honusková, Věra (advisor) ; Faix, Martin (referee)
This thesis deals with the prohibition of torture in international law. The prohibition of torture is considered one of the fundamental values of democratic states, it is an absolute right and a part of customary international law and such a rule of conduct from which we can under no circumstances deviate. Although it might seem that this topic is not too current, the opposite is true. The violation of the prohibition of torture is almost worldwide. The inspiration and impetus to select this topic for me was the situation about the U.S. war against terror and torture of prisoners at U.S. military bases. The work is divided into two blocks. The first part is a theoretical question, which aims to define the very concept of torture and other cruel, inhuman and degrading treatment and punishment and their relationship and to map the universal and particular international mechanisms in which the prohibition of torture is established. In this respect, the important document is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is the only universal document that provides a precise definition of torture. The aim of the first part was also to describe how the control mechanisms checked in compliance with the prohibition of torture in the world. The second...
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Preliminary measures in international procedural law
Černá, Pavlína ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The title of this diploma thesis is "Provisional Measure in International Procedural Law". The purpose of provisional measures is a preservation of the rights of each party pending the settlement of the dispute which means pending the definitive decision in the case. It helps to protect the object of the litigation and to maintain in its state as it existed on the initiation of the proceedings. Furthermore, the function is a preservation of the integrity of the final judgment and the prevention of violent self-help. I chose the issue of provisional measures as a topic of my diploma thesis because it is an essential instrument to enable any international court or tribunal to perform its functions. The aim of the thesis is to analyze law containing provisions relating to order of provisional measures and practice of particular international courts and tribunals. The diploma thesis is divided into five chapters. First chapter defines provisional measure and explains its using in International Procedural Law. Second chapter focuses on the exercise of provisional measures in international arbitration especially in respect to proceedings before the International Centre for Settlement of Investment Disputes. On the other hand, third part deals with proceeding concerning provisional measures before two...
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International protection of persons with health disabilities
Strnad, Jan ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
International protection of persons with disabilities Summary The theme of this thesis is the protection of persons with disabilities under international law. In last decades there have been a dramatic shift in the perception of disability. It has changed from medical approach to the social model of disability, which is closely connected with the human rights perspective on the "disability rights". This paradigm shift has culminated in adoption of the United Nations Convention on the rights of people with disabilities. Violating of their human have several forms and is spreaded all over the world. Nevertheless, the number of them is still growing. According to the WHO estimations about 15 % of world population live with some form of disability and most of them in developing countries in the condictions of the lack of elementary resources and support. Relation between disability, discrimination, poverty nad social exclusion is thus more than clear. On the other hand, people with disabilities definitely do not present any kind of homogeneous group. Diversity of people with disabilities brings a serious challenge in the various forms of obstacles and barriers preventing them from full and equal enjoyment of their human rights and thus a wide range of measures necessary to eliminate them. The aim of this work...
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Torture prohibition in international law
Šupová, Tereza ; Honusková, Věra (advisor) ; Faix, Martin (referee)
Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times. All international instruments that contain the prohibiton of torture and ill- treatment recognize its absolute, non-derogable character. The purpose of my thesis is to analyse how views regarding torture have changed. I have focused on torture cases in last twenty years. Are people tortured more than in the past? In which countries is the situation worst? I specialised on european continent and on judgements of The European Court of Human Rights. I was trying to find out how many cases The European Court was dealing with and what treatment can be classified as torture or inhuman or degrading treatment or punishment. I have also asked the question if the understanding of what is torture has changed from the year 1991 until 2010. The thesis is composed of six chapters, first part is introduction, the second one mentions international and regional documents, in which prohibition of torture was recognized. The Third Chapter defines basic terminology used in the thesis....
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New IHL Framework for Cyber Warfare
Knopová, Eva ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
NEW IHL FRAMEWORK FOR CYBER WARFARE - ABSTRACT Regarding the increasing number of revealed cyber-attacks aimed at public facilities including the governmental ones by who seems to be other state actors, this thesis aims to reveal the major importance of cyber warfare, point out the fatal vacuum regarding the IHL framework currently in force and suggests its completion by a new IHL convention, which would regulate cyberwarfare in International Armed Conflicts. In order to provide a well-structured and pertinent arguments to support its main points, the thesis uses methods of qualitative analysis of the current IHL sources including international treaties, customary law and work of the main institutions of international justice along with work of judicial scholars and cyber experts. The work contains five main chapters. The first chapter presents the underlining principles of Laws of Wars, including its theory, history and development; and focuses on one of its three main regimes - the International Humanitarian Law. The second part is dedicated to the topic of cyber warfare, defines its scope as computer network attacks, explains their classification system, analyses their effects and provides examples of such attacks. The third chapter focuses on the issue of the current legal vacuum in relation to cyber...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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