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Protection of the Earth's climate system from the legal point of view
Polanská, Eva ; Žákovská, Karolina (advisor) ; Drobník, Jaroslav (referee)
Protection of the Earth's climate system from the legal point of view This thesis aims to provide a broad view of legal protection of the Earth's climate within its six chapters. The first three chapters explain drivers of climate change law. Protection of the climate system has stemmed not only from science, but also to a large extent from the political situation and the performance of the world economy. Therefore, after introduction the second chapter examines the scientific basis of climate change and its evolution in time. The third chapter outlines the history of international negotiations which led to the conclusion of the three most important international instruments regulating climate change - the Framework Convention on Climate Change, the Kyoto Protocol, and the EU ETS Directive. The fourth chapter discusses economic approaches to internalization of global warming costs. The core of the thesis analyzes the legal framework addressing climate change. The analysis is devoted to the backbone of international instruments laid down in the Framework Convention on Climate Change and the Kyoto Protocol, and to one of the most significant regional instruments - European emission allowances trading. Therefore, the fourth chapter on the Framework Convention on Climate Change examines the Convention...
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Rights and duties of the owner of agricultural land
Čapková, Tereza ; Drobník, Jaroslav (advisor) ; Žákovská, Karolina (referee)
Resume Rights and obligations of owners the agricultural land The purpose of my thesis is to describe rights and obligations of owners of agricultural land. The thesis is composed of four chapters. Chapter One describes the historical evolution of the ownership of the land in Czech republic and impact of this evolution on current structure of ownership to land. Chapter Two describes the specifics of land ownership. This chapter is subdivided into five parts. Part One deals with the subject of land ownership, part Two discusses object of land ownership, part Three discusses content of land ownership, part Four discusses limitation on land ownership - the legal relations between neighbours, easements, expropriation, and part Five deals with the tax obligations of the land owner. Chapter Three describes the specifics of ownership of agricultural land. This chapter is subdivided in four parts. Part One deals with the state as a subject of land ownership. Part Two deals with the influence of the purpose categorization of land and protection of agricultural land fund for use of the land. Part Three discusses rights anf obligatoins o fland owners under contract of sale and lease. Part Four discusses land consolidation. Chapter Four describes limitations of farming on agricultural land. This chapter consists of...
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Integrated prevention of pollution and the protection of the environment
Ječná, Tereza ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The purpose of my master thesis is to analyse the incorporation of Directive 96/61/EC concerning integrated pollution prevention and control in the Czech legal order, show the strengths and weaknesses of current regulations and to find some solution. The thesis is composed of chapters, each of them concerning different aspects of integrated pollution prevention and control (hereinafter "IPPC"). Chapter One is introductory and explains origin of environmental protection. Chapter Two concentrates on sources of regulation of IPPC, firstly explain the role of international law in environmental protection. The chapter is subdivided into two parts. Part One presents the evolution of environmental law of the European Union and Part Two focuses on Czech legislation of IPPC. Chapter Three deals with the principles of the IPPC regulations. The fundamental principles are principles of prevention, highest value, sustainable development, integrated protection, best available techniques and participation of public. The basic legal instruments of the IPPC are treated in Chapter Four which is subdivided into three parts. Part One deals with the integrated permit; Part Two describes subjects of regulation of the IPPC and Part Three its obligations. Chapter Five concerning the procedure to issue integrated permits...
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Protection of the Earth ozone layer from the legal point of view
Bergerová, Lenka ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Resumé: Protection of the ozone layer of the Earth from the perspective of law This thesis is dealing with protection of the ozone layer. I chose this topic because I consider ozone layer as a very important folder of the environment and its weakening is of global nature and for its protection it was necessary to involve as many countries as possible. This work is focused mainly on the development of ozone layer protection at the international level and on current legislativ. It also includes the European Union's approach to this problem. In the beginning of my thesis I'm trying to explain what is ozone, which substances deplete the ozone layer and which principles and tools are used for its protection. Chapter two is dedicated to the development of ozone layer protection. It includes the beginnings of the international cooperation which began to take shape in the middle of the 70s when was published the first scientific work, which pointed to damage of ozone layer by halogenated hydrocarbons. International cooperation resulted to the adoption of the Vienna Convention for the Protection of the Ozone Layer and later to its implementation protocol - Montreal protocol, in September of 1987. The Montreal Protocol was considered an exceptional success of diplomacy in the sphere of environmental protection but in...
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Public interest in environmental Law
Horáček, Zdeněk ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee) ; Tomoszková, Veronika (referee)
OF THE DISSERTATION ON "PUBLIC INTEREST IN ENVIRONMENTAL LAW" Zdeněk Horáček, 2011 The dissertation examines public interest in environmental law. Due to the lack of professional resources dealing with the very concept of public interest, the dissertation offers its basic definition and relevant connections, but always in relation to the institutes of the environmental law. Interpretive and historical aspects of public interest are analyzed and basic definition features, classification and process of the formulation of public interest, including correction of the improper process, are established. The dissertation specifies public interest in environmental law as a legally defined value of environmental protection shared by whole society. Such a public interest is promoted in all the phases of evaluation and authorization of a project that may be harmful to the environment, in the extent always depending on the specific situation. The dissertation concludes that environmental protection is a worldwide shared value and public interest. In addition, public interest in environmental protection is a criterion for a decision making process carried out by public authorities, and the resulting public interest (adopted solution) depends on the specific circumstances of the situation.
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Real estate expropriation
Svobodová, Klára ; Drobník, Jaroslav (advisor) ; Žákovská, Karolina (referee)
This thesis would like to describe expropriation as an institute of contemporary legal regulation. I decided to write about the expropriation from the view of the land law, because of the object of expropriation. My thesis is focuses on expropriation as interference of power in which the state agency issuing the constitutive act establishing the property right to the person completely different from the previous owner. I started my thesis with the short division of the constitutional bases of the institute property concentrating on land and expropriation, its legal conditions and emphasize differences from the others interferences with the property right in history. The purpose of my thesis is to define expropriation, try to interpret the law provisions, its position in the legal system of the Czech Republic and make a small confrontation by the legal regulations of foreign countries.
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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A comparison of legal regulation of forest protection in the Czech Republic and Sweden
Norman, Michaela ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
Forests extend on about 4 billion hectares on the planet Earth, which makes up approximately one third of the total land area and is probably one of the most important environmental elements on the planet.In the Czech Republic forests cover about 33.7% of its land area.Out of Sweden's total land area, which is 41.3 million hectares, there is 23 million hectares of forest land. That is more than half of its total area. Creation of clear-cut areas, loss of the forests natural evolution information, waste majority of artificial forest, storm or fires are just some of the indicators of unsatisfactory conditions of forests. Therefore there is a strong importance for forest protection by means of legal regulation - International, European and especially national law, to be capable of leaving this heritage in a good condition for future generations. In this work I will focus on the comparison of forestry law in the Czech Republic and Sweden - from formal and also material point of view.
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Legal regime of transboundary shipments of wastes
Konvička, Tomáš ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Legal regime of transboundary shipments of waste The aim of my thesis titled "Legal regime of transboundary shipments of waste" is to deliver a comprehensive analysis of legal aspects of cross-border shipments of waste. The thesis aspires to describe and interpret the various regulations and norms that govern this area, regardless of whether they are of international, European or national origin; it also evaluates whether the legislation provides sufficient tools for protection of the environment and whether the cross-border shipments of waste are desirable from the perspective of environmental protection. The thesis consists of eleven chapters. The first three chapters provide a theoretical introduction to the topic - chapter one contains the basic objectives and definition of the legal regulation of cross-border shipments of waste; chapter two outlines the fundamental principles of the environmental law and their applicability to the shipments of waste; and chapter three introduces the reader to the historical development of the subject matter in question. Chapters four to eight of the paper are devoted to the description and analysis of the legislation currently applicable. The fourth chapter describes international treaties such as Basel, Bamako, and other conventions. The fifth chapter focuses on...
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Genetically modified organisms and legal regulation of their use
Kaplán, Martin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The purpose of this paper is to analyse legal regulation of genetically modified organisms ("GMO"). This work consists of seven chapters and focuses especially on differences in regulations of the United States of America ("USA") and European Union ("EU"). While the USA consider GMO equal to other products and have no GMO specific legal norms, the EU regulates GMOs with directives and regulations which set GMO apart from other products. Conclusions are being drawn in last chapter. It is suggested, that the protective and economic approach to the GMOs should be ballanced out on the international law scene, so that the development of biotechnology is not slowed down too much, while safety to human health and environment is guaranteed.
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