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Trade in military material: the Czech and Slovak law perspective
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis focuses on the mutual comparison of the Czech and Slovak legislation in field of international trade in military material and its purposes is to identify which one of the legislations is more arms businessmen friendly in terms of legally-administrative costingness. The paper consists of three main parts. The first part is dedicated to the theoretic frame of the legal regulations in question with emphasis on the private international law. It contains the definitions of the well-known terms such as arms, trade in arms or military material. The second part focuses on international legal basics of the issue in question with respect to the most noted international treaties or key European regulation forming core of the trade in military material. The third part of the thesis compares the acts on international trade with military material in the Czech and Slovak Republic.
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Mediation as a method of alternative dispute resolution
Kotyzová, Pavlína ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Mediation as a method of alternative dispute resolution The purpose of this thesis is to introduce mediation as a method of alternative dispute resolution and point out its potential. The thesis is divided into five chapters. The first chapter presents various methods of ADR including so-called hybrid forms. There is also a summary of advantages and disadvantages that are associated with these forms of dispute resolution. The second chapter starts with the historical development of the institute of mediation and continues with the presentation of various forms of mediation. This chapter also discusses a mediator, his role and aspects that should be taken into account when parties want to choose a suitable person. Then particular phases of the mediation process are analysed. The third chapter is concerned with the international regulation of mediation. It is divided into two parts. The first part focuses on mediation regulation contained in the mediation rules of particular international institutions. To ensure better clarity and mutual comparison the most important information are presented in tables attached to this thesis. The second part relates to the European regulation of mediation. It mentions the most important documents adopted by the EU in order to develop this amicable dispute...
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Promotion and protection of foreign investment in Indonesia
Jašová, Ivana ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
Promotion and protection of foreign investment in Indonesia In last few decades Indonesia became an important player on a field of international investment. Since the early Soeharto years Indonesia has enjoyed impressive economic growth and became an attraction for the foreign investors. Foreign investors are mainly attracted by the natural resources, law-cost labor market and large Indonesia's domestic market. The goal of my thesis is to analyze the security of the foreign investment in Indonesia and in case of the dispute the protection of foreign investment. The introductory chapter deals briefly with the basic information about Indonesia and its history which influenced Indonesian law system during the past century. First chapter analyze the main issues which can be for foreign investors discouraging such as the legal uncertainty, corruption and untransparency of the law. The second chapter compares the interpretation of the 'investment' term from the viewpoint of the economic science reading and the legal view. Furthermore, it analyzes the term in case law of ICSID, in Indonesia law system and in the bilateral investment treaty between Indonesia and Czech Republic. The third chapter analyzes the multilateral and bilateral investment treaties by which Indonesia is bound and the Indonesian...
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International civil procedure in the European Union - selected issues
Strnad, Jan ; Pfeiffer, Magdalena (referee) ; Brodec, Jan (referee)
The purpose of the thesis is to offer a comprehensive commentary of the choice-of-court agreements under the Brussels I bis regulations and the 2005 Convention on Choice of Court Agreements ("Convention") and to refer to the main problems which may arise during the application of these instruments to the disputes arising from relationships in which the choice- of-court agreement was concluded. The paper is composed of five main chapters. The first four chapters deal with the framework of the Brussels I bis, the fifth chapter illustrates the rules of the Convention. Chapter one is dedicated to the fundamental characteristics of the Brussels I bis. It compares the rules contained therein with the previous legislation, analyses its principles and purposes, the interpretation of the terms contained therein and the relation to the other instruments. Chapter two deals with the detailed analysis of the choice-of-court agreements under the Brussels I bis, particularly with the scope of effect of art. 25, the effect of jurisdictional agreements, their characteristics, formalities necessary for their creations, their extent, forms, formal and material validity, cases where the Brussels I bis restricts the effect of the choice-of-court agreements and the consequences of such violation. Chapter three explains...
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Companies in private international law. With the particular focus on the relocation of a registered seat of a company in the transformation act
Rexová, Mária ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
The first chapter of my thesis defines the key terms necessary for understanding the concept of mobility of companies in the private international law. The fundamental difference between lex societatis and the nationality of company are terms which are not identical, despite their frequent confusion. It is the lex societatis which is defining for the inner organisation of the company. According to the reasoning of the Court of European Union, in the cross border transfer of the statutory seat should inevitably lead to change of lex societatis. However, in order to decide on which legal order is applicable for defining the lex societatis of a company, we have to look into the international private rules of a particular country. There are two major theories from which stem the legal orders of all member countries, the real seat theory and incorporation theory. This chapter explores their pros and cons, as well as practical consequences of their application on the possibility of cross-border transfer of a seat of a company. The second chapter of my thesis outlines relevant European Union law which lies behind the concept of cross border mobility of companies. The Treaty provisions on freedom of establishment are reviewed in the light of the Court case law. The most relevant decisions of the Court are...
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Lex Mercatoria in international business transactions
Kadiev, Akbulat ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This Master's Thesis deals with the application of the concept of lex mercatoria in process of contracting process and in the dispute resolution, particularly in international commercial arbitration. The first chapter briefly describes the historical development of lex mercatoria and examines in detail the circumstances of the establishment of modern lex mercatoria . Further, the Thesis describes the general methods of regulation of the private relations with an international element. In connection with the use of lex mercatoria in the process of contracting the specific attention is given to the choice of applicable law by reference to certain rules of lex mercatoria. The criticism of such choice-of-law method is analysed, as well as its justification and also the requirements for the validity of such choice-of-law method. The second half of the Thesis is dedicated to a particular formalized rules of lex mercatoria, as well as to their legal grounds in Czech law, and also to some legislative changes in the Czech Republic after January 1, 2014, relevant to the lex mercatoria. The final chapter addresses the practical application of lex mercatoria in the international commercial arbitration. The chapter begins with a brief and general introduction to the international commercial arbitration....
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Brussel I Regulation and other procedural laws of European private international law
Johnová, Gabriela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Topic of this diploma thesis is "Brussels I Regulation and other procedural laws of European private international law". The thesis focuses on the analysis of the problems that its name suggests. The procedural rules of private international law underwent during the past fifteen years relatively significant changes. Due to the application of the principles of free movement of persons, capital, goods and services, it results necessary to develop effective instruments for performing the law accross the member states borders. It occurs in procedural area primarily through the adoption of instruments of the European secondary legislation, particularly through regulation. The most important and most widely used procedural rules of European private international law was until recently Regulation (EC) no. 44/2001 of the 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which was since the 10th of January 2015 replaced by the regulation of the European Parliament and Council Regulation (EU) no. 1215/2012 of the 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The subject of this paper is to examine the procedural rules of European private international law with a particular...
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Mediation and other forms of ADR
Tošnerová, Ráchel ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic of international mediation. It starts with its theoretical concept and analyzes the individual elements of the definition of mediation, which it divides into essential and additional. It then covers the history of the mediation procedure in the ancient times and the modern approach. It also attempts to solve the confusing terminology of mediation and conciliation. In chapter two it moves on to the description of other hybrid forms such as MEDALOA, med-arb or arb-med. The third chapter describes the individual forms of mediation with focus on court mediation in particular. First, its implementation possibilities are explored, which are followed by practical examples of judicial mediation in different countries. Chapter four is devoted to the regulatory framework starting with international documents. It compares mediation rules of several mediation institutions across the world. Then it investigates the pros and cons of the European mediation directive 2008/52/ES and two codices of behavior for mediators. Finally, the last part of chapter four is concerned with Czech mediation law. It provides an outline of the Law No. 202/2012 Coll. and the newest soft law document - Codex of attorney-mediator. Information from this chapter is transferred to a comparison table for more...
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Brusel I Regulation and other procedural laws of European private international law (with focus on the concept of recognition)
Přecechtělová, Tereza ; Brodec, Jan (advisor) ; Kučera, Zdeněk (referee)
Univerzita Karlova v Praze Právnická fakulta Tereza Přecechtělová NAŘÍZENÍ BRUSEL I A JINÉ PROCESNÍ PŘEDPISY EVROPSKÉHO MEZINÁRODNÍHO PRÁVA SOUKROMÉHO (se zaměřením na pojem uznání) Diplomová práce Vedoucí diplomové práce: JUDr. Bc. Jan Brodec, LL.M., Ph.D. Katedra obchodního práva Datum vypracování práce: 10. června 2014 Abstract The Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law (with regards to the concept of recognition)" focuses on the analysis of the so-called "fifth freedom" - the free circulation of judgments within the EU. The aim of the thesis is to analyze the procedural legislation of European private international law concerning their approach to the concept of recognition using the descriptive-analytical method. The thesis is mainly focused on the newly adopted Regulation of European Parliament and of the Council (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (herein also referred to as the Brussels I bis Regulation) and to the Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (herein also referred to as the Regulation on Insolvency Proceedings). In detail, for both deals with analysis of application of the principle...
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Legal limits of the cross-border movement of military materials
Matocha, Jakub ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Legal limits of the cross-border movement of military materials The global trade with military materials is an important, however often under- researched, area of academic enquiry. Such attitude is not correct, because in fact it is a massive global industry in which also Czech companies play a significant role. Given the newspaper headlines and statements of arms dealer, it is obvious there have long been unsolved problems burdening arms dealers caused especially by an inappropriate legal framework. This theses aims to provide an analysis of legal framework in respect to cross-border movement of military materials covering especially European and Czech legislation focusing on its potential limits arising and important for arms dealers. On a global international level the Arms Trade Treaty and other relevant treaties regulating international trade with military materials are identified and described. Attention is also paid to limitations of arms trade such as embargoes or restrictive measures imposed by the UN and the EU respectively as well as to limitations resulting from domestic and European legislation or from its different interpretation. In view of different legal framework this thesis strictly distinguishes whether a movement is realized, while particular law is adequately reflected. There...
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