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Energy law and protection of the environment
Vohnoutová, Alena ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
The aim of my thesis is to create a comprehensive overview of energy law with special focus on its influence on the environment. It especially deals with individual renewable energy sources and their support, construction of facilities utilizing these sources and their impact on the environment. Last but not least, in each chapter I draw attention to recent or expected amendments to relevant legislation. In the first chapter I divide sources of energy into the fossil, nuclear and renewable ones. Besides presenting the basic characteristics of such sources, I also deal with the time period in which the humankind will run out of their supplies, as well as with detrimental effects that their mining and processing have on the environment. Based on the classification included in the Act on the Promotion of Renewable Energy Sources, I continue with classifying the renewable energy sources to wind power, energy of water and solar radiation, geothermal energy, biomass and biogas. I consider their benefits, but also their harmful effects on the environment. Each subchapter also contains a part that deals with the potential of such resources in the Czech Republic. Since Czech energy law is influenced by both international and European laws, I dedicate the next chapter to them. On the level of international...
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Protection against noise and vibrations from the legal point of view
Pavelková, Kamila ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
- aj Excessive noise occupies a number of factors threatening our environment is an increasingly important place. It does not even reach extremely high levels, yet a negative effect on mental performance, impairs mental well-being affects the quality of sleep, or cause annoyance, because a person is forced to perceive unwanted sounds. The most important and geographically most widespread source of noise is traffic. The largest share of the total noise in the Czech Republic has the vehicular traffic, the smaller share of the load is noise from rail and air transportation. The subject of my thesis is the protection against noise, especially in outside - employment environment, which is currently considered as a very significant source of danger to human health and environment. Introductory chapter no. 2 contains the substance of the basic concepts - sound, noise, emissions and pollution of noise, vibration, further indicates the negative effects of noise on human health and suggests possible measures to reduce noise. Chapter no. 3 is devoted to European legislation, protection against noise and vibration. First, briefly discusses the process of European integration, the main objectives and EU institutions. Further defines the sources of EU law and the main objectives and principles of European...
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Environmental impact assessment in the EU and Czech Law
Kunertová, Silvie ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
Environmental Impact Assessment as a specific horizontal instrument that serves for fulfilment of the principle of prevention in environment protection has been established in 1969 in the USA and gradually it has been spread into domestic law of many developed countries. Consequentially, it posted its position also in the international and Union law. This institute has been gradually developed into two forms when Strategic Environmental Assessment has been added to the original assessment of projects. This study has been aimed at presenting a complex explanation of historical development of EIA and SEA institutes in the international and union fields, the focus then rests on analysis of the Czech legal regulations. Environmental Impact Assessment into wider associations is a part of presentation by comparing of related sectional environmental tools. Based on comparison and critical assessment, conclusions indicating potential direction of legal regulation of de lege ferenda has been made.
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Legal regulation of wood plants growing outside the forest
Proček, David ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Resumé Právní úprava ochrany dřevin Tato práce se zabývá problematikou právní ochrany dřevin rostoucích mimo les. Okrajově je předmětem této práce i problematika právní ochrany lesa. Autor se ve své práci zaměřuje na praktické otázky zkoumané materie, s ohledem na své praktické zkušenosti a navrhuje některá dílčí řešení. Prioritním cílem autora není vyhledání všech problémových ustanovení, která se dotýkají zkoumané materie, ale posoudit úroveň právní úpravy v globálním měřítku. Blíže se zabývá těmi nedostatky, které považuje za závažné z pohledu předmětu ochrany a pokouší se o odstranění těchto nedostatků vlastními návrhy, případně zahraniční, konkrétně slovenskou legislativou, která z globálního pohledu upravuje zkoumanou problematiku v některých případech efektivněji a může tak sloužit jako inspirativní vzor pro Českou republiku. Klíčová slova: dřevina rostoucí mimo les, památný strom, zvláště chráněná rostlina, zvláště chráněný druh, významný krajinný prvek, chráněné území, územní plánování, les. Abstract Legal regulation of wood plants growing outside the forest This thesis deals with legal regulation of wood plants growing outside the forest. Marginally the thesis examines the issues og legal regulation of the forest. The author focuses on practical questions with regard to his practical experience...
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The Right to Information and the Public Participation in the Environmental Matters
Vopařilová, Magdaléna ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Presented dissertation is devoted to the participation of lay element in the environmental matters within the public administration. In these matters it is necessary to find the compromises that should reflect the private plans (of investors and the owners), exercising of the public participation and the public interests too. The cooperation among the administrative authorities, public subjects and private subjects shall be constructive, based on a real legal ground. The target of this thesis is to make an overview of the ways that Czech legal system (based on the international and European law) gives to the public in order to participate on the public administrative in the environmental matters. The important finding of the thesis is evaluation of efficiency of partial tools and also of risks connected with their application. The main terms, motives, preconditions and the importance of public participation in the environmental matters are defined in the introduction. Apart from that the main principles of the public participation are defined. The most important document for public participation, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), is analyzed in this dissertation. Even though the...
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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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Liability for damage to the environment
Humlíčková, Petra ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Smolek, Martin (referee)
The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...
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The principle of prevention in environmental law
Dvořák, Libor ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The principle of prevention in environmental law The principle of prevention as one of a common legal principles plays also a key role in environmental protection. Once the environmental damage occurs, the remedy is more costly in all aspects, including economical ones. Moreover, some damage can be irreversible. Thus, modern environmental law and policy is based on prevention. The implementation of the principle is not only reduced to pollution prevention, but in broad meaning, to damage prevention. In secondary legislation, the principle of prevention is realized primarily through general prevention obligation (Act on the environment, Waste act, Water act, Nature protection act etc.). Environmental impact assessment is the essential instrument for implementation of prevention principle in environmental law. The environmental assessment covers plans and programs (strategic environmental assessment, SEA) and individual projects (environmental impact assessment, EIA) likely to have significant adverse effects on the environment. The most important result of environmental assessment are mitigatory measures including measures to prevent or reduce any environmental damage deriving from the implementation of the plans and programs or projects. Waste prevention is also a typical field for application of the...
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Polluter Pays Principle in the Environmental Law
Vícha, Ondřej ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Drobník, Jaroslav (referee)
A B S T R A C T of the dissertation "Polluter Pays Principle in the Environmental Law" JUDr. Ondřej Vícha The Doctoral Program¨"Theoretical Legal Sciences", Law Faculty, Charles University in Prague This thesis deals with the legal aspects of the the polluter pays principle (PPP) within the environmental law. The aim of this thesis is to provide an overview of current definitions of this principle and its application in the International, European and national Czech law. The text is devided into ten chapters. After the introduction, the thesis ruminates on legal principles in general, their status and function in the legal system and in the environmental law specially. The third part holds forth on development and functions of the PPP and its relation to other legal principles of the environmental law. The polluter-pays principle represents among the OECD countries, respectively at the European level, for quite a long recognized and practically applied economic and legal principles leading to internalize the costs of environmental protection, which are transferred from states to the real polluters, who pollutes environment by their production or other economic activities. The history of this principle reflects a gradual shift in meaning. At first, the Recommendations of the OECD and the EC referred to the...
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The remedial measures in the protection of the environment
Derlich, Stanislav ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Průchová, Ivana (referee)
The remedial measures in the protection of the environment. This thesis focus on the remedial measures which belong to legal instruments and create an integral part of the public law. The public bodies, which are responsible for the enforcement of public interests, are in charge of enforcement of remedial measures to be done. As in the international law, the state is primarily responsible for remedying of damages arising from activities under its jurisdiction. Despite the remedial measures are incorporated into almost all legal enactments, the quality of the legislature is rather low and this legal tool has been beyond the academical interest. The remedial measures represent one of the most important instruments of the environment protection and are closely connected with the principles of the environment protection, i.e. the principle of the sustainable development, the polluter- pays principle, the preventive principle and the principle of the State responsibility. The remedial measures create a part of the measures within the environment protection, which primarily work as subsequent measures and partly as continuous and preventive ones. The remedial measures comprise different kinds of measures, the main goal of which is to remedy changes which are considered to be undesired from the legal and...
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