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The Right to Privacy Deconstructed: International Law in an Age of Virtual Surveillance
Prijatel, Alan ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
Bibliographic note: PRIJATEL, Alan J. The Right to Privacy Deconstructed: International Law in an Age of Virtual Surveillance, 72p. Master's Thesis. Univerzita Karlova (Charles University), Faculty of Social Sciences, Institute of Political Studies: Prague, Supervisor: JU. Dr Milan Lipovský, Ph.D. Abstract: In order to understand the process to which the right to privacy operates under current international and regional legal frameworks, we ask ourselves the question if "the digital age" merits an interpretation of privacy unique to this phenomenon of cyberspace. If indeed the right to privacy can be interpreted in this way, we ask whether or not there is a deficit to legal protections to the. This "right to privacy in the digital age" will be taken in context of international law, conventions, principles, and norms in addition to being explored in case-law from the European Court of Human Rights to draw an understanding of the right to privacy in the digital age- if any such right does indeed exist. This thesis essentially, as the title implies, "deconstructs" what puts together the right to privacy and examines what parts of the law that was intended to fortify privacy in the first place, has shortcomings to its defense. I am arguing that there indeed are normative deficits to the right to privacy. In...
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The issue of de facto states on the example of North Cyprus and Nagorno-Karabakh, taking into account the ECtHR case-law
Fejfar, Jakub ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
This diploma thesis deals with issues of statehood. In this study, we examined the de facto states, i.e. countries that are not internationally recognized. First described the characteristics of the state. Subsequently, we examined the international recognition of the state. It will also define the term de facto work is divided into four main chapters. On the basis of the criteria laid down Montevideo Convention of 1933 will be discussed features of statehood. Described is also the state sovereignty and the principles of international recognition by members of the international community. In the second chapter will be presented in greater detail the general features of de facto states. Attention will be paid to formation of de facto states including a detailed explanation of the issue of the right to self-determination and secession. In the third and fourth chapters, attention will be given to the two de facto states, Turkish Republic of Northern and Nagorno-Karabakh Republic. In these chapters, the emphasis is also on the historical aspects, the political situation inside these entities, as well as in the whole region. Another goal of these chapters is also to analyse the case law of the European Court of Human Rights. In the case of Northern Cyprus will be analysed in particular the judgments of...
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Independent and impartial tribunal with emphasis on judgements of the Grand Chamber of the European Court of Human Rigrts
Staňková, Jana ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...
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Adherence to humanitarian law in asymmetric conflicts Israel/Palestine and Morocco/Western Sahara
Gráfová, Tereza ; Karásek, Tomáš (advisor) ; Lipovský, Milan (referee)
práce je analyzovat dodržování základních pravidel mezinárodního Hlavní výzkumná otázka zní: "Inklinuje slabší či silnější těchto konfliktů k porušování povinností MHP více než ta druhá?" Hypotéza stanoví, že se slabší strany uchylují k porušování pravidel MHP více než jejich silnější protivníci. zpracována metodou komparativní případové studie ilně vyložena a operacionalizována na zkoumané případy aplikovatelná pravidla MHP. Těmi jsou společný článek 3 Ženevských úmluv, zásada vojenské nutnosti, zásada rozlišování, zásada proporcionality a zásada zakazující zbytečné útrapy. Následně je na základě údajů uvedených mezinárodních databázích ozbrojených konfliktů a rovněž informací získaných z odborných publikací proveden rozbor dodržování aplikovatelných norem MHP. Tento odhalil, že se porušování základních pravidel dopouštěly všechny strany zvolených konfliktů. Nebylo tak prokázáno, že by se slabší či silnější strany dopouštěly porušování více než jejich protivníci, čímž byla původní hypotéza vyvrácena. Bylo také zjištěno, že ačkoli byla v konfliktu stranami do jisté míry porušována stejná pravidla MHP, dělo se tak odlišným západosaharském konfliktu byla oběma stranami porušována stejná pravidla, a to jednáním totožným.
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Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with physical or mental handicap
Pastorek, Štěpán ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Positive obligations of state arising from Art. 3 of the European Convention on Human Rights focusing on persons with disabilities Absolute prohibition of torture and ill-treatment is clearly set in article 3 of the European Convention on Human Rights. When assessing particular obligations, which are arising out of it, we need to look deep into the European Court of Human Rights jurisprudence. The aim of this thesis is to analyse positive obligations of state arising from article 3 focusing on persons with disabilities. This is achieved also with the aid of various human right bodies such as UN Human Rights Committee, UN Committee on Torture or UN Committee on the Rights of Persons with Disabilities. Due to the fact that this area is not really covered yet, certain parts of this thesis are focused on defining important terms and putting them together. The approach is analytic with elements of comparison between the view of European Court of Human Rights and other relevant international human rights bodies. The thesis is composed of three main chapters. Chapter One is introductory and defines the main terms such as ill-treatment, torture, scope of the article 3 of the European Convention on Human Rights in connection with rights of persons with disabilities and the concept of positive obligations...
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The Interpretation of Religious Freedom in European and International Decision - Making Practise
Holubová, Karla ; Scheu, Harald Christian (advisor) ; Lipovský, Milan (referee)
The interpretation of religious feeedom in European and international decision - making practice This diploma thesis focuses on the system of protection of religious freedoms in European and international legislation and explores its interpretation in the decision-making practice of the European Court of Human Rights and the United Nations Human Rights Committee. In recent years, the protection of religious minorities has become a topical issue, giving rise to numerous international judicial decisions. The core of the thesis provides a comprehensive analysis of some of these decisions. The aim of the thesis is to examine the importance international judicial bodies attribute to the protection of religious freedoms in relation to the system of the protection of fundamental human rights. It also discusses conditions and situations in which the exercise of these fundamental rights can be limited without encroaching upon fundamental freedoms of an individual. The introduction provides a definition of the term religion and describes its interpretation in specialized literature. The second chapter looks at the historical development of the protection of religious freedoms, its individual components and the modern concept of religious freedom laid down by international treaties/conventions on human rights...
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The Rome Statute's Crime of Aggression following the Kampala Review Conference
Lipovský, Milan ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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The legal consequences of the loss of territory for a state and its inhabitants
Marková, Dominika ; Honusková, Věra (advisor) ; Lipovský, Milan (referee)
The topic of this diploma thesis is: The Legal consequences of the loss of territory for a state and its inhabitants. This thesis focuses on the loss of the territory due to the submerging of the island states because of a sea level rise. This work is divided into four chapters. The first chapter concerns climate change and its causes, as it is climate change that is responsible for the rising sea level. The subsequent chapter analyses the state as a subject of public international law, and focuses on the criteria for statehood. The third chapter explores the loss of territory and its consequences on the statehood of the affected state. The final section considers the inhabitants of the state and their likely legal status. The aim of this thesis is to determine whether the criteria for statehood, first defined in the Montevideo Convention from 1933, are still relevant today. Moreover, the goal is to clarify whether it is necessary for a state to possess a territory (i.e. one of the criteria for statehood) for its further existence. If the territory would indeed be indispensable, then this thesis examines the possibilities of how new territory can be acquired. Additionally, this work discusses the question of the liability of the polluters for climate change. In particular, the question of whether...
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International law protection of human rights in the field of the environment
Bláhová, Barbora ; Hýbnerová, Stanislava (advisor) ; Lipovský, Milan (referee)
The aim of this diploma thesis is the analysis of the connection between the protection of human rights to environment of the certain quality and the protection of the environment itself. The diploma thesis is divided into three chapters. The first chapter is focused on theoretical basis of the topic, especially the relation between two areas of law - international environmental law and human rights law, concerns advantages and disadvantages of the approaches to this topic, and definitions of the most important terms, including different use of these terms by the individual authors. The second chapter outlines the evolution of these rights in the hard law and soft law universal international agreements with the overlap into the regional systems of human rights protection. The first part of this chapter relates to the documents about substantive rights and the second part examines the procedural documents with special reference to the Aarhus Convention. The third chapter analyzes the case law of the European Court of Human Rights in detail; this chapter is divided into three parts. The first one contains the explanation of the common features of decisions connected to the protection of environmental human rights. The second one describes the evolution of environmental case law connected to the...
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