|
| |
|
|
The International Criminal Court and its subject-matter jurisdiction with regard to the crime of aggression
Kolářová, Michaela ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
1 SUMMARY THE INTERNATIONAL CRIMINAL COURT AND ITS SUBJECT-MATTER JURISDICTION WITH REGARD TO THE CRIME OF AGGRESSION The current course of events concerning the crime of aggression and the search for its definition has undergone a remarkable shift during these days. In the light of the Revision Conference in Kampala, Uganda, whose declared aim was to evaluate the role and the up- to-date operation of the International Criminal Court as well as to find the definition of the crime of aggression and to set up the conditions to exercise the jurisdiction concerning the crime of aggression, the worldwide understanding of the conception of the crime of aggression has been significantly changed . The aim of this paper is to familiarize the reader with the problems regarding the crime of aggression, to describe the evolution of its conception in the field of international law within the last few decades and to provide the reader with a brief outline of some problematic questions which arose from the negotiations of the definition among the states. Further, the thesis attempts to depict the development of the negotiations themselves and to focus on the main disagreements, which the states had to face. The introductory chapter deals with some theoretical questions related to the international criminal justice. The...
|
|
|
International legal instruments for fighting illegal drug trafficking
Mifková, Miroslava ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
Resumé International trafficking in drugs is one of the gravest global issues. Its combating deserves due attention. In the course of the last hundred years, a series of international conventions were adopted for this cause. The crucial international legal instruments for combating illicit drug trafficking are the Single Convention on Narcotic Drugs (1961), the Convention on Psychotropic Substances (1971) and foremost, the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). The first two Conventions focus primarily on legal manipulation with narcotic and psychotropic substances via administrative measures. The goal is to limit them for medical and scientific use only and thus prevent their transfer into illegal channels. The third Convention deals with drug control via criminal law measures. The Parties to the Convention are to incriminate certain offences connected to drug trafficking and apply appropriate sanctions. The Convention also introduces measures against the transfer of proceedings of crime. It further deals with confiscation, extradition, jurisdiction issues and mutual legal assistance. The main bodies in the international fight against illegal trafficking are the UN Commission on Narcotics, International Narcotics Control Board and UN Office...
|
|
|
.
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...
|
|
|
Development of the standard of fair and equitable treatment in treaties on protection and support of foreign investment
Forman, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
of the thesis: The thesis deals with the fair and equitable standard of treatment under international investment law. The author notably analyzes scholarly literature and case law of arbitral tribunals concerning the theoretical concept (approach) considering the connection to the minimum standard of treatment under customary international law, but also other approaches depending on the standard's formulation and the possibility of the standard's concept unification. The author firstly puts the fair and equitable standard of treatment into the context of the international investment law and public international law and defines the most important basic terms of the international investment law. Subsequently, the author presents the history of the standard, its basic characteristics and attempts at defining the standard. The author also shortly deals with the content, i. e. individual elements or aspects of the standard derived from the case law of arbitral tribunals. The author then deals in more detail with the standard's concept according to which the standard is equal to the minimum international standard of treatment under customary international law. In this part, the author also focuses on the distinction between minimum standard of treatment in traditional view and dynamic view, next the...
|
|
|
International terrorism and human rights
Gurská, Zuzana ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
Summary: International Terrorism and Human Rights Key words: international terrorism, antiterrorist measures, human rights First part of the thesis is centered on characteristics of international terrorism, concept of human rights and three aspects of their mutual relationship: the immediate impact of terrorist attacks on human rights of their direct victims and the society as a whole and aspects linked to the states' response consisting of human rights breaches of suspects during repressive measures and curtailing the rights and freedoms of us all during preventive measures. Many states have tighten their current antiterrorist measures, introduced new ones and strengthened the powers of military and law enforcement at the expense of internationally guaranteed human rights and fundamental freedoms, argumenting with the need of neccessary trade-off between personal rights and freedoms and national security. Nevertheless, there are flexible institutes imbedded into international law that allow for realization of represive and preventive measures whithout compromising the guaranteed human rights. Secong part is devoted to these flexible institutes, namely limitation and derogation of human rights. Listed are necessary conditions of their implementation, in case of limitation of human rights the adherance to the...
|
|
|
Maritime Piracy, its Suppression and Punishment
Štemberg, Milan ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The text Maritime Piracy, Its Suppression and Punishment, analyses piracy as a classical threat to international maritime traffic, which has reappeared after being considered obsolete in a majority of the world for several decades. The text first discusses general questions connected with piracy - a definition of piracy according to public international law is presented. Consequently, the factual side of piracy is presented, since piracy still is a topic not very well-known in the Western world. In the following part of the text, the tools provided by public international law for suppression of piracy are analyzed, as well as possible ways of prosecution of persons accused of piracy. The final part of the text discusses the case study of Somalia. In Somalia, piracy has become a threat to international peace as well as a severe hindrance to international maritime trade. Despite the effort of the international community, the public international law has yet to find adequate solutions for the problem of piracy in Somalia.
|
|
| |
|
| |
|
|
The definition of terrorism in international law
Sváková, Kristýna ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The definition of terrorism in international law The subject of this graduation thesis is to explore problem of defining terrorism in international law. Although it is very broad topic, the thesis has attempted to explore most of the questions this issue has offered. First of all, it examines reasones why define terrorism in international law. Further this study provides information about perception of the term terrorism in the past depending on the political and social conditions and about how the terrorist attacks influenced the effort to find the definition of terrorism. The thesis pays big attention to regional treaty in which terrorism is defined and uses it as a comparison basis for finding the elements of the definition, since regional international treaty law has achieved the biggest success in this area. However, in the last two decades successes have achieved on universal level, especially by the adoption of the International Convention for the Suppression of Financing of Terrorism, which is the first universal agreement binding defines terrorism. This study also introduces the latest development of efforts to create a Comprehensive Convention on the Suppression of International Terrorism, which is, unfortunately, no more than small. Given the decades-long efforts to define terrorism, the...
|
guest ::
RSS feed.