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International legal protection of refugees persecuted for reasons of sexual orientation and gender identity
Bedaňová, Jana ; Lipovský, Milan (referee)
International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity: A Critique of the Human Rights Approach Abstract This thesis examines the human rights approach to the interpretation of the definition of refugee by using the example of persons persecuted on the grounds of sexual orientation and/or gender identity (SOGI). The thesis focuses primarily on the European area and how a human rights approach to the interpretation of 'persecution' may be relevant to the practice of European Union states specifically in relation to SOGI refugees. The first part outlines the context of persecution of persons fors reasons of their SOGI. It examines the criteria by which SOGI is, and potentially can be, subsumed under the relevant grounds of persecution for refugee status. The second part outlines the different approaches to interpreting the concept of persecution and elaborates more on the so-called 'circumstantial' approach embodied by UNHCR. The third part is devoted to elucidating the doctrine of the human rights approach pioneered by James Hathaway and his book The Law of Refugee Status. The fourth part examines the approach of human rights monitoring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the...
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The so-called Magnitsky Laws from the Perspective of International Law
Tydlitát, Pavel ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The so-called Magnitsky Laws from the Perspective of International Law Abstract This diploma thesis treats the phenomenon of so-called Magnitsky acts, a subtype of targeted international sanctions, from the point of view of international law. The text of the thesis is structured into three chapters. The first chapter deals with the origins of Magnitsky acts. Documented are the circumstances of the incarceration and death of Sergey Magnitsky. Described are the origins of the first Magnitsky Acts, i.e., the U.S. Magnitsky Act and Global Magnitsky Act, and the spreading of analogous norms around the world. The second chapter is a survey and legal comparison of selected legislation - in the United States, Canada, European Union, and Czech Republic. Based on the literature and the individual norms, the features common to all Magnitsky acts are determined. Subsequently, the acts are compared using five criteria. These are sanction aspects, as a definition of the prosecuted behavior; creation of the sanctions list, as an entitlement of the government agencies to create such lists; individual sanctions tools; appeals and remedies in the sanctions process, or removal from the sanction list; the overview of the sanctioned entities. The third chapter discusses the nature of the Magnitsky acts in the context of...
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A contemporary examination of the principle of distinction in international humanitarian law
Paluka, Adriana ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
A contemporary examination of the principle of distinction in international humanitarian law Abstract This thesis is discussing current problematic topics on the application of rule of distinction, which are related to a civilianization of armed conflicts. One of these issues is a system of dichotomy between combatants and civilians established by the Geneva Conventions and their Additional protocols. The professional society is currently divided regarding the possibility of introducing a new third category of so-called unlawful combatants. This thesis introduces different views on this issue, on the legal status of persons belonging to this category and brings a debate on the necessity of abandoning the established conservative approach of dichotomy. One of the other fundamental problems currently complicating the application of the rule of distinction is the issue of direct participation in hostilities by civilians, which leads to loss of theirs otherwise guaranteed immunity against targeted attacks. Norms of codified international humanitarian law however regard this topic superficially. The ICRC in its efforts to facilitate an interpretation of these norms published an "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law", which was however...
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Autonomous weapon systems and international humanitarian law
Halajová, Ludmila ; Lipovský, Milan (referee)
Autonomous weapon systems and international humanitarian law Abstract There is practically no branch of international law that has been left unaffected by significant advances in modern technology in recent years. In the context of armed conflict, these advances could have far-reaching consequences for the application of not only established rules of international humanitarian law, but also of the rules of international criminal law or the rules governing international responsibility. Many States are currently devoting their attention as well as resources to the development of highly sophisticated weapon systems with autonomous functions, the control of which is being increasingly transferred from human operators to computer systems. These Autonomous Weapon Systems (AWS) have the potential to affect profoundly the nature of future armed conflicts. Although these systems are no longer a novelty at the international scene, they continue to cause tensions and provoke divisive reactions amongst the international community. This dissertation aspires to provide a comprehensive insight into the development and use of AWS in the context of armed conflict. The dissertation has six parts. The first part clarifies the basic terminology relating to AWS and explains how autonomy in the context of a weapon system...
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Obligations erga omnes as a basis of legal standing in international law
Mais, Jan ; Lipovský, Milan (advisor) ; Bílková, Veronika (referee)
Obligations Erga Omnes as a Basis of Legal Standing in International Law ABSTRACT Obligations erga omnes represent the norms protecting the most fundamental interests in international law. Despite their longstanding presence, some aspects of these obligations remain unclear. The thesis aims to determine whether it is possible to enforce these norms by invoking responsibility for their breach before international courts and tribunals, specifically before the International Court of Justice (ICJ). The primary objective is to determine whether obligations erga omnes and their treaty counterparts, obligations erga omnes partes, effectively establish legal standing in ICJ proceedings. To achieve this aim, the thesis comprehensively examines the emergence of obligations erga omnes, their relationship with jus cogens, and their role in safeguarding community interests in order to situate the studied notion in the framework of law of international responsibility. By analysing the ICJ's case law, Judge opinions, the work of the International Law Commission, and prominent scholarly contributions, the study investigates how States' interest in protecting obligations erga omnes (partes) translates into the ability to invoke responsibility for their breaches through judicial proceedings. The analysis reveals that...
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Rights of transgender persons according to the ECHR with focus on sex reassignment
Šebková, Karolina ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
Rights of transgender persons according to the ECHR with focus on sex reassignment Abstract Although trans* people, regardless of the specifics of their life experience, are full-fledged members of society, society puts numerous obstacles in their way. Some of them are so serious that they are considered to be a violation of basic human rights. This paper therefore deals with the rights of trans* people from the perspective of the European Convention on Human Rights (ECHR). How this international instrument perceives such rights is ascertained through practice of the European Court of Human Rights (ECtHR). The research goal of the work is to find out and analyze how the rights of trans* people are protected by international human rights law through the ECHR, i.e. how these rights are protected by the European Court of Human Rights. Furthermore, as part of the legal analysis, provide a basic overview of trans* people as a group and focus on the concept of "sex reassignment" and its problematic side. To this end, the author poses a research question: How does the European Convention for the Protection of Human Rights and Fundamental Freedoms protect the rights of trans* people and how does the European Court of Human Rights approach their protection? The thesis mainly focuses on the issue of legal recognition...
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The Status of Nuclear Weapons under International Law
Maier Tolic, Gabriela Maria ; Lipovský, Milan (advisor) ; Karlas, Jan (referee)
Bibliographic Note MAIER TOLIC, Gabriela Maria. The Status of Nuclear Weapons under International Law. Prague, 2023. 99 pages. Political Studies. Department of International Relations. Supervisor JUDr. Milan Lipovský, Ph.D. Abstract Both the complex system of international law and the disputed interpretation thereof in the realm of nuclear weapons create challenges when making a clear assessment of when and whether the possession, threat and use of nuclear weapons are legal. This research aims to provide clarity on these issues by completing an analysis on the current state of international law and by outlining which conditions need to be fulfilled by states for the legal possession, threat and use of nuclear weapons. The presented study finds that the system of international law is set out in such a manner which aims to eliminate nuclear weapons completely. The obligation for disarmament in the treaty on the non-proliferation of nuclear weapons conditions the possession of nuclear weapons and places two requirements on nuclear weapon states: to pursue negotiations on disarmement in good faith and to bring them to a conclusion. This research finds that there is a strong argument that this twofold obligation is of customary nature and is therefore also binding upon states which are not party to the treaty....
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Lipovský, Milan (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Crime of Aggression under the Rome Statute of International Criminal Court
Voženílková, Tereza ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
1 Crime of Aggression under the Rome Statute of International Criminal Court, abstract Recent events in the world show that cyber-attacks can constitute one of the greatest threats to international peace and security. Cyber operations occurring in cyberspace present unique challenges to the international community beyond the scope of existing international law. While there is a consensus that international law should apply to cyberspace, perspectives on the qualification of cyber-attacks as the most serious crimes falling under the jurisdiction of the International Criminal Court remain divided. This paper discusses the definition of the crime of aggression under the jurisdiction of the International Criminal Court with a special focus on cyber-attacks. The aim of this paper is to answer the question whether cyber-attacks can be considered a crime of aggression under the Rome Statute. The first chapter discusses the historical development and the rather complicated process of adopting the definition of the crime of aggression over the years. The second chapter describes the various elements of the crime of aggression and the jurisdiction of the International Criminal Court and the Security Council over this crime. The definition of cyber- attacks and their difference from conventional attacks is discussed...
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Indigenous Peoples' Land Rights in Latin America
Černota, Nela ; Lipovský, Milan (referee)
Indigenous Peoples' Land Rights in Latin America Indigenous peoples' cultures are known for their collective, spiritual, intergenerational relationship to their ancestral lands. Indigenous peoples not only depend on their territories with their subsistence but also with the preservation of their distinct cultures. Lands are, however, a significant factor in the vast human rights violations to which they subject. They are often faced with the dispossession of their traditional lands and the disruption of the ecological integrity of their territories. This also affects their traditional way of life and leads to the loss of their cultures. From the 1980s, indigenous peoples have started reclaiming their rights, which has also been reflected in their position under international law. In 1989, the International Labour Organisation Convention No. 169, the Indigenous and Tribal Peoples Convention was adopted. This Convention anchored significantly higher standards of protection of indigenous peoples' rights to their lands. Above all, it abandoned the patriarchal approach of the International Labour Organisation's Convention No. 107, the Indigenous and Tribal Populations Convention. Convention No. 169, moreover, addresses indigenous peoples as 'peoples' rather than 'populations', as was the case in its...
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