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The definition of a refugee, its interpretation and application in recent international law
Honusková, Věra ; Šturma, Pavel (advisor) ; Hofmannová, Mahulena (referee) ; Jílek, Dalibor (referee)
Resumé Práce zkoumá definici uprchlíka a její výklad a aplikaci v současném mezinárodním právu. Vymezení zpracovávané látky je dáno smluvním instrumentem z roku 1951, kterým státy přijaly definici uprchlíka, Úmluvou o právním postavení uprchlíků. Zkoumána je zahrnující část definice, která říká, kdo je uprchlíkem. Za něj považujeme osobu, která (...) "se nachází mimo svou vlast a má oprávněné obavy před pronásledováním z důvodů rasových, náboženských nebo národnostních nebo z důvodů příslušnosti k určitým společenským vrstvám nebo i zastávání určitých politických názorů, je neschopna přijmout, nebo vzhledem ke shora uvedeným obavám, odmítá ochranu své vlasti (...)". Disertační práce pracuje s následujícími hypotézami: 1) došlo k posunu ve výkladu a aplikaci definice uprchlíka. Zde je zároveň sledováno, zda došlo k vytvoření nové obyčejové definice a jaký je případně její obsah; 2) došlo ke vzniku regionální obyčejové definice - a zde je opět brán zřetel na to, jaký je případně její obsah; a 3) restriktivní praxe států před a při vstupu cizince na území ovlivňují výklad a aplikaci definice uprchlíka. Text je členěn do čtyř částí. První se zabývá historickým vývojem definice uprchlíka a zkoumá, co státy ovlivnilo při formulování jejího pozitivního zakotvení. Mezinárodněprávní reakce na fenomén uprchlictví je...
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The exercise of the state's rights and duties in the airspace in the light of public international law
Kobera, Václav ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
108 THE EXERCISE OF THE STATE'S RIGHTS AND DUTIES IN THE AIRSPACE IN THE LIGHT OF PUBLIC INTERNATIONAL LAW The space above the Earth was the lawyer's examination subject matter already in ancient times. The air which we breathe, as well as the water from the sea, was considered to be a thing common to all (res communis omnium). However, as far as the movement and life in the air were concerned (here we can use the term "airspace"), a different rule was used. This rule said "he who owns the land, owns it up to heaven" (cuius es solum, eius est usque ad coelum). This conception of the airspace still had not much in common with today's conception based on its practical use. It is obvious that society then could not have assumed reasonably (because of the level of its technical development) that mankind was going to be able to use the airspace. The origins of proper use of the airspace we can only date to when the Montgolfier brothers constructed and launched the first hot air balloon (1783 in Paris). Initially such activities were considered to be rather curiosities but they gained respect very quickly especially when used during armed conflicts in the 19th century performing espionage and bombing tasks. At the beginning of the 20th century the Wright brothers successfully tested the first heavier-than-air...
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Selected chapters on the jurisdiction of a state in international law
Pulgret, Miroslav ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee) ; Týč, Vladimír (referee)
SELECTED TOPICS OF STATE JURISDICTION IN INTERNATIONAL LAW 1 ABSTRACT This study deals with the theoretical question of state jurisdiction under international law. Jurisdiction is defined as the legal title for the exercising of state power which may affect the rights and obligations of persons. The study analyzes jurisdiction, explores the possibilities and limits on the use of the various jurisdictional titles and their interplay. International jurisdictional law is mainly governed by customary international law. Some treaties have been concluded in the field of international criminal law. This study examines the jurisdictional issues focusing mainly on the criminal law. This corresponds with the selection of practical examples from the criminal law, which are listed by each of the jurisdictional titles. The practical impact of the jurisdictional theory on national law is illustrated using the specific provisions of the Czech Criminal Code, Austrian Criminal Code and German Criminal Code. States as sovereign subjects of international law are entitled to exercise jurisdiction not only within their own territory, but also, in accordance with international law, outside their own territory. The jurisdiction of subjects of international law may come into competition. In spite of the fact that the States are...
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The Outer Space Treaty in the Context of 21st Century
Žaludová, Zuzana ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
THE OUTER SPACE TREATY IN THE CONTEXT OF 21ST CENTURY ABSTRACT The Outer Space Treaty is the fundamental legal document of space law and this year it celebrates 50 years since its adoption. Questions are being raised among the international community about the relevance of the Treaty in the context of 21st century mostly given the completely different conditions at the time of its adoption and at present. Reasons for such a debate is the current development in the field of space and technology, which is not covered by the Outer Space Treaty or any other relevant binding convention. New possibilities to explore space are emerging, especially among the private actors and activities vary given its nature, from commercial to military. And within the 50 years these new options also slowly contribute to serious environmental problems, which were not of such importance and priority as they are now. Besides these issues, the space law is characterized by its high fragmentation and no common standard for national legislation in this field. Given these challenges the scholars and specialist agree, that the contemporary legislation does not provide a necessary framework to ensure the peaceful use of space and its future safety. The question is, what future will have the Outer Space Treaty in context of the...
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Article VI of the Outer Space Treaty and its implementation in Czech Republic
Štenclová, Klára ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
Title of the thesis in English Article VI of the Outer Space Treaty and its implementation in Czech Republic Abstract This thesis deals with the international responsibility of the state for national activities in outer space, and more specifically with issues related to such responsibility as the interpretation of Article VI of the Outer Space Treaty and its implementation in national legislation, especially in the Czech Republic. The aim of this work is to comprehensively describe and then analyse the legal regime of space law, focusing on Article VI of the Outer Space Treaty and its effects on legal regulation in the Czech Republic. The first and second parts of the thesis present the general theory and development of space law, together with the presentation of the responsibility of the state under international public law, and in this case also subsequently described with reference to space law. The third part of the thesis focuses on the creation of Article VI of the Outer Space Treaty and analyses its provisions. It raises its issue, in particular, the vagueness of the terms contained in the article and this, consequently, constitutes a difference of interpretation of that article. This part also addresses the links of Article VI to Articles VII and VIII of the Outer Space Treaty. The fourth part...
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Legal regulation of space objects
Turoň, Jiří ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
[Legal regulation of space objects] Abstract The space sector has experienced an unprecedented boom in recent years. The number of launched space objects is constantly rising, and new technology allows people to reach outer space much more efficiently than before. At the same time, private companies have taken interest into outer space and are looking for ways to generate profit from the final frontier. But how are issues related to the outer space and cosmic objects addressed legally? Where does outer space begin and what can be defined as a cosmic object? Although the space shuttle took off into an orbit like a rocketship, it returned to the Earth's atmosphere like an airplane. So, will it be space or aerial object? Or maybe both? There are many interesting and complex issues associated with space law and space objects. However, international treaties that form the basis of space law went into force more than 50 years ago. Will those legal institutes that were created in a completely different geopolitical situation be obsolete? Does current space law give us satisfactory answers to questions of jurisdiction or liability for damage caused by space objects? The diploma thesis tries to find answers to these, and other questions related to space law in the context of space objects. At the same time, however,...
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Legal regime of natural resources o f celestial bodies
Pepřík, Šimon ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
1 Legal regime of natural resources of celestial bodies Abstract The aim of this thesis is to describe the legal regime of the natural resources of celestial bodies. In recent months and years, there has been an increase in debates regarding mining on the moon and asteroids and this thesis dedicates its seven parts to the legal regime of such activities. In particular, whether such activities are possible from the point of view of international law, how are they regulated and what are the potential future developments in this area. In order to understand the legal regime governing the natural resources of celestial bodies, it is necessary to first become acquainted with the essential concepts of space law, including outer space, celestial bodies and outer space resources, whose definition is the subject of the first part of the thesis. The second part describes the development of international space law, from the first mentions in legal commentary to the creation of two important international documents in this area, the Outer Space Treaty and the Moon Agreement. Both international treaties are analysed and compared in individual chapters both in terms of their international acceptance and in terms of the regulation of activities in the field of outer space resources. Subsequently, their possible future...
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