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World Trade Organisation environment related case-law
Ulík, Karel ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
WTO Jurisprudence in Environment-related Disputes Abstract There are a growing number of environment-related disputes before panels and the Appellate Body of the World Trade Organization (WTO). The usual pattern is that one member of the WTO adopts a measure aiming at environment protection, while another WTO member considers the measure to be a restriction on international trade. The following complaint usually alleges violations of most-favoured nation treatment, national treatment, or prohibition of elimination of quantitative restrictions. The defending party then has to prove that its measure falls under one of the exceptions allowing them to restrict trade. These environment-related are a subject of this thesis. In introductory chapters, we explore the evolution of GATT/WTO approach towards the environment, the dispute settlement system, and the substantive law of this international organization. Then we analyze relevant jurisprudence from the very first dispute in 1980, when the US failed to defend their import ban on imports of tuna from Canada, to the recent Brazil ban on import of retreated tyres for their negative impacts on the environment and human as well as animal health. Then we turn to the current, yet undecided dispute on the conformity of a seal products ban with the rules of the WTO. In...
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Protection of the environment and the right of ownership
Nocar, Michal ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
This thesis deals with the relationship between environmental protection and ownership rights. The thesis describes the concept of the environment in the Czech constitutional law. Furthermore, it concerns with international legal and constitutional enshrining of property rights and the right to a favorable environment in terms of constitutional case law. Then in the third part followed by the regulation of restriction of ownership rights, the legal conditions under which is expropriation possible and editing voluntary contractual ownership restrictions in order to protect the environment. The focus of the work, in the fourth part, is dealing with the legal regulation in current legislation, an effort to capture the most significant limitation of property rights from the perspective of the owner of the individual parts of the environment, as well as the analysis of selected provisions of environmental law. Finally, this thesis is the formulation of the specific locations of the main conflicts between the protection of the ownership rights and the general interest in environmental protection. A general effect of environmental awareness throughout the company is to decide which of these interests, whether environmental protection or the protection of property rights, in the particular case outweighs...
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Protection of marine mammals under International Law
Hloušek, Michal ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The present thesis begins with a brief overview of some of the most important international, mainly global conventions relevant to the protection of biological diversity in its entierety. Subsequent chapters then deal with some species or higher taxons of marine mammals, in particular with cetaceans, polar bears and pinnipeds. The aim was not only to analyse relevant international conventions, but also to discuss some interesting and precise questions that complete and form the conservation regime.
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Rights and obligations of the agricultural land ownership
Trávníček, Jan ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This master degree thesis is focused on the rights and obligations of agricultural land owner from the perspective of right. Land belongs to most important sources of planet. Human being cannot alive and exist without agricultural land and cultivation of agricultural land helped to developed modern human civilization. Soil has been threatened on area and as well as quality especially by human, therefore is needed effective legal regulation with a balanced respect for property rights and the public interest in protecting of agriculture land and the environment. The main goal of thesis should be critically analyze on legislation (especially Laws, but also Government Regulations and Notices), regulating the ownerships of agricultural land. After general part of thesis, analyzing ownerships in general follows the interpretation of the ownership of land parcels, supplemented by the system and the development of land registration. The main part of thesis consists of a chapter entitled the rights and obligations of agriculture land owner, which is divided into modes of protection of agricultural land (in terms of area and quality), protection of larger area under Act on the protection of nature and landscape and other laws. The conditions of contemporary agricultural land are dealt in the last chapter of thesis....
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Instruments of environmental protection in Czech law
Peroutka, Milan ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
This thesis is concerned on topic Instruments of environmental protection in Czech law. It exists a lot of instruments of environmental protection, which are connected with law in some way. This thesis is concentrated on the most important a most widely used. The first chapter presents an brief introduction to the issue, it deals with general environmental protection, categorisation of instruments and with environmental protection on international and European level. The second chapter deals with conceptual instruments, which includes different policies, plans, programs, projects and other documents that constitute the conditions for the functioning of other categories of instruments. In this chapter is purpose, categorisation and way of creation of conceptual instruments described. It includes examples of conceptual instruments in Czech law as well. The third chapter covers administrative instruments. It is the oldest and most widely used category of instruments of environmental protection. They are mainly represented by general legal rules and individual administrative acts. This category also contains standards, categorisation, inspection and eco-legal liability. The fourth chapter is focused on economic instruments. The aim of it is to motivate subject to behave ecologicaly. The motivation is...
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Public participation in selected procedures according to Building Act relating to the environment
Jaroš, Jan ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Public participation in selected procedures according to Building Act relating to the environment Summary The object of the thesis is to point out to the issue of inequality of rights of individual and rights of civil associations in planning and building procedure relating to the environment. The decisions resulting from the relevant administrative procedures could significantly affect visual aspects and quality of our environment therefore the public participation in these proceedings and decision-making process is one of the most important means for the public to influence their surroundings in terms of environmental protection. Yet the participation in relevant proceedings is not always expressly permitted by the law. The thesis could be categorized into four main content parts that are subsequently divided into separate sections and subsections. In the first part consisting of three main sections the thesis is focused on definition of the analyzed topic, general regulation of the relevant administrative procedures, the issue of civil associations and the process of its incorporation according to effective and adopted laws. The second part analyzes one of the fundamental topics of the thesis, i.e. the possibility of public participation in planning procedure. The thesis separately concerns with the...
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Environmentaly induced migration
Dvorská, Eliška ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
Many people worldwide are forced to leave their homes because of serious degradation of environmental conditions, natural disasters and depletion of natural resources. Growing impacts of climate change and global warming on the environment and human mobility are becoming increasingly worrying, creating a need for protection of those environmentally displaced persons. Although there has been a great attention paid to this phenomenon, the category of so-called "environmental refugees" still continues unrecognized by the international community. The paper examines the circumstances under which environmental migration occurs, its causes and consequences. It deals with state obligations rising from the international environmental law, especially those related to climate change. It deals with the terminology related to the environmentally displaced persons, such as environmental migrants, environmental refugees or environmentally displaced persons. It presents their classification and defines the key terms. The paper also mentions cases of environmental migration in the world and their possible solution, highlighting the need for prevention and adaptation. Most of the paper is dedicated to the analysis of the legal status and rights of environmentally displaced persons. The paper analyses the...
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Czech nuclear law
Holíková, Lucie ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
IN ENGLISH Atomic Law deals with the modern phenomenon of atomic energy and is constantly evolving. This thesis deals with the Czech atomic law. Given the seriousness of the issues in nuclear safety and radiation treatment is Czech law very consistent with the international and European level, as this work takes into account and includes. Due to a number of technical terms , which are necessary to work with, some of the terms are defined in the introduction of this thesis. These are the most common and very basic concepts, such as: "nuclear energy", "ionizing and non-ionizing - radiation"and also "atomic law". The thesis also covers some aspects of atomic energy in terms of the potential benefits and risks that come with its use entails. Furthermore, it pays attention to the legislation itself. Firstly from the perspective of international law and European Union law, which have a major influence on national legislation . Afterwards some of the basic regulatory objectives, nuclear law and most general and special legal principles applied in this area are described. The following is a brief overview of nuclear law in the Czech Republic together with Chapter dealing with in the activities and organizations of the State Office for nuclear safety , as the central authority in the field of peaceful use of...
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Protection against noise and vibrations from the legal point of view
Fišar, Vladimír ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
(English) The purpose of my thesis is to analyse possibilities provided by current legislation to protect individuals against negative effects caused by exessive noise and vibration. The reason for my research is that at the beginning of the new century noise and vibration became one of the most dangerous sources able to threaten or even demage men's health and environment. The thesis is composed of six chapters, each of them dealing with different aspects of noise and vibration. There is always a short summary at the end of each chapter. Chapter One is introductory and defines basic terminology used in the thesis: sound, noise and vibration. The chapter is subdivided into five parts. Part One explains the physical and legal meaning of noise and vibration. Part Two describes the main sources of exessive noise and vibration. Part Three analysis negative effects on human health. Part Four compares noise and vibration protection measures. Part Five mentions the mostly used environmental legal instruments. Chapter Two examines international legislation concerning noise and vibration. The chapter consists of two parts. Part One focuses on documents issued by WHO. Part Two deals with activties of ILO. Chapter Three is subdivided into six parts and provides an outline of European Union law. Part One...
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The community and protection of the environment from the legal point of view
Černý, Jan ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
The aim of this thesis is to analyse position and possibilities of a municipality in the Czech Republic in the field of environmental protection. The thesis is divided into six basic parts. The Introduction briefly illustrates the importance of municipalities and explains the system of this thesis. Chapter One deals with the environment, especially with its protection under the Czech constitutional law. Municipalities and their bodies are characterised in Chapter Two. The next chapter describes the town and country planning and examples of bylaws issued by a municipality within its separate power in order to protect the environment. Chapter Four introduces the legal instruments which can be used by a municipality in environmental protection within delegated power. In the Conclusion, the author draws attention on several problems connected with participation of municipalities in environmental protection, nevertheless he highlights that municipalities play an unquestionable role in this field.
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