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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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The Selected Legal Aspects of Foreign Investment in Australia
Mikešová, Klára ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
in English The purpose of this master's thesis is to introduce a reader into some legal aspects of foreign investment in Australia. And especially those which can be crucial for a foreign investor when contemplating about investing in Australia. The thesis is divided into 6 chapters. The first chapter introduces the topic of foreign investment and the thesis itself. The second chapter familiarizes with the key terms in international investment law, namely, investor (both a natural and legal person) and investment (in economic and legal sense). The third chapter describes the legal framework governing foreign investment in Australia. It provides an overview of domestic and also international legislation. The fourth chapter then deals with admission and establishment of investment in Australia. It covers how this issue is regulated in investment treaties and in domestic legislation, where the most important piece of legislation is Foreign Acquisitions and Takeovers Act. Further, this chapter describes the concept of foreign person and the national interest test. The concept of the national interest test is important as all foreign investments which are notifiable actions are assessed by the Treasurer against the national interest test, which, however, is not defined in legislation. The fifth chapter...
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