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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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International Legal Issues Related to the Status of the State of Israel
D´Evereux, Veronika ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee) ; Caban, Pavel (referee)
International Legal Issues Related to the Status of the State of Israel Abstract The emergence and continued existence of the State of Israel, which is completely surrounded by Arab neighbors, may be one of the main causes of the current conflict that began in this part of the region more than seventy years ago. At the same time, the creation of the State of Israel constitutes a certain exception to international law because it was linked to a non-legally binding resolution of a body of an international organization of a universal nature, in particular to the UN General Assembly Resolution 181 (II) of 1947. This resolution foresaw the establishment of both a Jewish and an Arab state in part of the territory of the former Ottoman Empire, which was then administered by Great Britain as a mandate territory. While the state of Israel declared its independence on 14 May 1948, the Arab people of the mandate rejected this resolution, and their right to self-determination was not pursued until many decades later. In relation to this, and as a result of several armed conflicts between the State of Israel and the surrounding Arab states, there has also been a controversial situation with regard to parts of the territory of the former Mandate of Palestine that is at the same time not the territory of the State of...
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Outer Space Activities & Environmental Protection
Pospíšilová, Petra ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
Outer Space Activities & Environmental Protection Abstract This thesis aims at addressing various connecting factors between outer space activities and environmental protection. It examines the present legal regime of the outer space with particular regard to the environmental protection. The analysis of the most relevant space treaties is provided, reviewing the provisions concerning the protection of the environment, while addressing the emerging environmental issues. The significant role of international bodies is being emphasized, as well as the current challenges the regime of outer space is facing. Although the space-related activities offer an extensive tool to enhance environmental protection of Earth, the environment of space is nowadays being exposed to an imminent threat called space debris, which could prevent all possible future space activities if left unattended. The pollution of the space environment is at a critical level, and the international community is required to respond within a short time in the future. The introduction of mitigating efforts will no longer itself be effective without the addition of active employment of remediating measures, such as the active debris removal. On the other hand, space activities already widely contribute to preserving the environment of Earth...
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The European Court of Human Rights - Enforcement of Judgement and ist Comparison with the Procedure of the European Court of Justice of the European Union
Hilšerová, Iveta ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee)
The European Court of Human Rights - Enforcement of Judgement and its Comparison with the Procedure of the European Court of Justice of the European Union Abstract This thesis aims to provide an overview of the enforcement of judgments of the European Court of Human Rights, following the proceedings held before that court, without which enforcement proceedings cannot be opened. The thesis is focused both on the bodies of the Council of Europe, which play a key role in this process, as well as the national bodies and the measures adopted by them in accordance with the judgments of the European Court of Human Rights. The author also focuses on the mechanisms applied both for the implementation of the measures, and during the supervisory activities of the bodies of the Council of Europe. Within a comprehensive perspective, the author focuses on the execution of judgments of the European Court of Human Rights in three Central European countries, in order to compare both the anchoring of international human rights protection in the legal systems of these countries, and the systematics of the bodies involved in the judgment enforcement, demonstrating, on concrete cases, the practical steps during the enforcement of the ECHR judgments in the Czech Republic, Slovak Republic and Austria. Considering the fact that...
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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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Protection of rights of indigenous Australians in particular in relation to media and intellectual property rights
Černá, Hana ; Hofmannová, Mahulena (advisor) ; Faix, Martin (referee)
The diploma thesis concentrates on legal protection of indigenous peoples in Australia. The topic itself is too wide, therefore it was shortened to predominantly concentrate on analysis of two up-to-date topics. These were, firstly, legal protection of indigenous peoples in relation to media and then, secondly, legal protection of indigenous peoples in relation to intellectual property rights. The paper is divided into three main chapters. The first chapter's goal is to introduce some parts of Australian history that are connected with Aboriginals to Czech readers. The topics discussed are, for example, colonization of Australia, genocide as perceived by international community, policy of assimilation, era of Stolen Generations etc. This chapter highlights a necessity of always dealing with current issues in proper historical context and, as it is found in the second chapter, also with deeper understanding of differences of indigenous culture. The second chapter is an outcome of the author's study stay at University of Queensland where she conducted a research on two topics connected with legal protection of indigenous peoples that were being currently discussed. The first topic was legal protection of indigenous peoples in relation to media connected with a discussion about The Freedom of Speech Bill 2014....
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The accession of the European Union to the European Convention on Human Rights
Del Maschio, Kristýna ; Hofmannová, Mahulena (advisor) ; Balaš, Vladimír (referee)
The aim of this thesis is to describe the fundamental issues related to the future accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to provide an overall understanding of the issue. To fulfil this objective, the first part of the thesis deals with the current situation in the european human rights protection system. It introduces the protection system of the Council of Europe as well as the system of protection provided by the European Union. This part aims to describe relationships between them and also gives the overview of the development of the question of accession and of the main features defining the autonomy of the European Union law. The second part then turns the attention to the legal instruments which make it possible European Union to accede. This part provides an analysis of the Accession agreement on the accession of the European Union to the Convention for Protection of Human Rights and Fundamental Freedoms which contains legal, institutional and technical solutions of the European Union's incorporation into the Convention system. This analysis serves as a basis for the next part of the thesis, which focuses on the recent Opinion of the Court of Justice of the European Union 2/13. In this opinion Court found...
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International criminal ad hoc tribunals
Purgerová, Eva ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Hofmannová, Mahulena (referee)
This thesis deals with the description of the completion of the international ad hoc criminal tribunals' activity as they have been established for fulfillment of the special task and as they are not concerned permanent tribunals. This thesis draws the analysis of the rules for completion of the activity of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) and their application in particular cases. The establishment of the two most famous international criminal tribunals ad hoc, ICTY and ICTR, and their jurisdiction is described at the beginning of this thesis as introduction to completion of the international criminal tribunals activity topic. The analysis of the completion strategies of the ICTY and ICTR, completion strategy measures taken by the ICTY and ICTR, analysis of the transfer of the cases to national courts and switch to the national investigation and establishment of so called residual mechanism constitute core of this thesis. Special chapter is comprised by introduction of the Rule 11 bis, which determines conditions for possible transfer of cases to the national jurisdictions, including evaluation of this rule in particular cases. In this thesis I discuss the practical point of view of the ICTY and ICTR...
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Capability of international law to resolve an ethnic conflict: case of Bosnia and Herzegovina
Jungwirth, Tomáš ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
Title Capability of international law to resolve an ethnic conflict: case of Bosnia and Herzegovina Abstract The thesis deals with the complex issue of international law's capability to resolve an ethnic conflict, relying to a great extent on a case study of the Dayton system in Bosnia and Herzegovina. It aims to take an interdisciplinary approach, focusing not only on legal issues but also on sociological and other relevant aspects. The first chapters attempt to summarize peace proposals preceding Dayton and are followed by a legal analysis of the adopted documents and a subsequent thorough examination of the most significant and visible aspects of their implementation. The last chapter then reviews the topic from the standpoint of conflict resolution. Several key questions are formulated in the preface: Is international law able to deter the risk of yet another outbreak of armed conflict in Bosnia? Are its limits or flawed imposition the immediate cause of the present state? Has the international regime in Bosnia become completely dissasociated from the sociological substratum? Whilst seeking for answers, much attention is paid to the perception and reception of the Dayton system by various interest groups within Bosnia's society as well as to international community's ensuing engagement in the country....
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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