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Legal Protection of the Environment and the Human Health against the Effects of Selected Physical Factors
Pokorná, Lucie ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Smolek, Martin (referee)
This thesis is focused on the legal protection of the environment and human health from the effects of selected physical factors, especially noise, vibration and ionizing and non- ionizing radiation. In the introduction the thesis defines the every singe physical factor, reminds their effects on the environment and the health and life of humans and especially suggests possible measures to eliminate the negative effects of these factors. The emphasis is placed on clarifying the consistency of these measures with the means of protection. Subsequently, the thesis includes separate chapters devoted to European, Czech and selected international legal instruments of protection from selected physical factors and their comparison. One of the key questions to be dealt in the thesis is the effort to clarify whether and how does the legislation in different countries exploit physical similarity between the studied factors. Another question to answer is to what extent is it (for the effective protection of the environment, life, health and other values) useful to accurately identify and name the sources of threat, and whether the case-focused legal protection, anchoring extensively detailed rules for each previously known source of threat, actually leads to more efficient protection against various sources of risk. It...
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Czech nuclear law
Jebas, Petr ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
The topic of this diploma thesis is Czech Nuclear Law. The nuclear law is a set of legal norms concerned with the ways and conditions of usage of nuclear energy and ionising radiation, the systems used to protect people and the environment against the damaging effects of ionising radiation, protocols to be followed in the case of accidents, radioactive waste disposal as well as the role of the state administration in supervising usage of nuclear energy and ionising radiation. A short historical review of the usage of nuclear energy and ionising radiation is followed by 2 chapters dedicated to international and EU nuclear law. The aims and content of international and EU collaboration concerning non-military usage of nuclear energy and ionising radiation are defined in these chapters. The other chapters of this thesis are concerned with Czech Nuclear Law. The constitutional foundation of this Law is described as well as nuclear law as a legal subject and the rules forming the base of Czech Nuclear Law. The following section deals with the power characteristics of the individual state authorities in the field of non-military usage of nuclear energy. Attention is paid to the classification of ionising radiation sources and characteristics of the tools used by the legal norm for environmental...
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Rights to foreign property in energy sector
Veselíková, Kateřina ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
This diploma thesis deals with rights to foreign property in the energy sector (electric, gas and heat industry), which are regulated as Energy Act No. 458/2000 Coll. It deals mainly with easements, protective zones, and other public rights to property. This public nature is due to the fact that these rights are established by the law and in the public interest. The aim of this diploma thesis is to evaluate the current and antecedent legislation of the issue of rights to foreign property in connection with the construction of the energy network infrastructure.
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Principles of environmental protection and their application in international, EU and Czech law
Krejčík, Lukáš ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
This thesis, called "Environmental principles and their application in international, EU and czech law", discusses the nature and application of the principles in the law generally, namely in international law, law of the European union and czech law. The first part of this thesis deals with the legally-theoretical definitions, the nature and basic characteristics and attributes of principles. The next chapters describes concrete environmental principles and their functions and occurrence in the law. Author attempts to show (through analysis of concrete normative documents a texts) the usage and application of principles in legal praxis. The importance of the principles is also emphasized from the point of view of concrete judicial cases, in which principles have been explicitly mentioned. Author mainly focuses on the following principles (see 3rd chapter, which represents the crucial part of the thesis): principle of the highest value, principle of the common interest of mankind, principle of the right to favourable environment, principle of the sustainable environment, principle of the participation of the public and principle of information, principle of prevention, precautionary principle, principles of the responsibility and principle of integration and principle of protection complexity.
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The regulation of biodiversity protection within the agriculture
Bašný, Vojtěch ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
1 Abstract The Legal regulation of biodiversity protection within the agriculture Vojtěch Bašný, supervisor: doc. JUDr. Vojtěch Stejskal, Ph.D. Charles University, Faculty of Law, Department of Environemntal Law Prague, August 2013 The agriculture is one of the main causes of the damage of the biodiversity. The continuous biodiversity damage leads to the loss of the ecosystem services and to decrease in numbers of species and habitats of high nature value. This could in the extreme case lead to the danger to the mankind because biodiversity provides the nutrition, water, clean air, and helps in a fight against illnesses and pests and contributes to the regulation of the climate. The aim of my thesis is to analyse the legal regulation of the biodiversity protection within the agriculture and evaluates the accuracy of specific approaches and offers the solutions of certain deficiencies. The thesis gives an overview of different aspects of the legal regulation of the relationship between biodiversity and agriculture on the level of international, EU, and Czech legislation. Key word: Legal regulation, Biodiversity, Agriculture
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Legal regulation of hunting management
Dvořáková, Aneta ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
This thesis deals with the law reagulation of hunting which has not doubtful place in czech law systém and it shows tradition of law regulation of hunting in the Czech republic.This thesis deals with shooting community also with the responsibility for damage, this work deals with the question of the raising and huntig of the game wich is connected to the law of hunting.There are also said often discussed things as question of responsibility for damge. Some Attention of this thesis is focused on the new conception of poaching according to the new Criminal Code which is effective since 1.1.2010. There are also mentioned some juridical decisions which are concerned with the law of hunting and not only connected to the crime of poaching but also concerned with offences and also with the character of law of hunntig. The work analyses mainly the contemporous law of hunting.
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Legal protection of the sea against pollution
Topinková, Markéta ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
Legal protection of the sea against pollution Mgr. Ing. Markéta Topinková LL.M. Sources and risk factors of marine pollution, such as sea transport and other human activities on seabed and land, are analysed in this thesis, followed by a thorough exploration of instruments and resources available to fight each source and risk factor of pollution. The thesis is focused on critical evaluation and potential improvements of existing legal instruments and desirable introduction of new instruments. The origin and development of the existing most important legal instruments is assessed, they are further compared and their contributions as well as shortcomings are analysed and suggestions offered for their further improvement, while appraising their gradual development and improvement of their efficiency and enforcement especially in the past decades. Following the analysis and comparison of international conventions, EU law and US national law, the approach of the Czech Republic as an inland state towards problem of marine pollution is also critically assessed and its national legislation evaluated. Powered by TCPDF (www.tcpdf.org)
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Nuclear devices in the view of law
Pokorný, Jiří ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
This master thesis called ''Nuclear devices in the view of law'', deals with the current legal arrangement of civil nuclear facilities (devices) in the Czech Republic. Due to the fact that the Czech Republic is bound by the international commitments and its membership in the EU, the master thesis also covers the international and European regulations. The master thesis is composed of four parts, which are subdivided into chapters and subchapters. The first part is devoted to the concept of the nuclear facilities, its kinds, position in the legal system and the relevant legal instruments. The second part deals with a particular legal framework of the nuclear law, which governs the issue, including the international, European and Czech regulations. A separate chapter discusses the principles, which are common to the all relevant branch of law. The third part is concerned with the life cycle of the operation of the nuclear facility and the conditions for execution of its particular stages. The final part deals with the safety and security of nuclear facility and its realization as the key issue of the nuclear facility legal regulation.
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Agriculture Institutional and Economic backgrounds in the Czech Republic
Dostál, Martin ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
The subject of this rigorous thesis is to describe the issue of institutional and economic backgrounds of agriculture in the Czech Republic. Within the processed topic deals with the general characteristics, historical continuity and development of the Czech agriculture. Thesis handles the legal status of agricultural enterprises and its regulation, property rights to land, regarding to the expected significant legislative change associated with the new Civil Code entering into force. The thesis deals with the issue of state aid in the agricultural sector, both in terms of domestic and European legislation, including their comparison. The chapter which is devoted to the non-food producing of the agriculture deals with the one of the most popular ways of economic ensuring of the agricultural entrepreneurs at the moment, the operation of biogas powerstations. The last chapter is a detailed elaboration of the institutions engaged in agriculture, which this essay encountered in previous chapters.
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