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Law of financial derivatives and transnational capital transfer restrictions
Procházka, Miloš ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
In this work I will define the subject and the scope of the area of financial derivatives law and cover the main intenational treaties concerning transactions involving financial derivatives. I also provide a survey to the master agreements which arise from this area and are made by the very participants of the derivatives transactions. First I focus on defining the concept of financial derivatives. I take a brief look into history, which is essential for general understanding of the subject. I examine the Vienna Convention of International Sales of Goods and its connection to financial derivatives, focusing on the scope of its application, particularly with regards to commodity derivatives which are settled by physical delivery. I am going to clarify if Vienna Convention of International Sales of Goods does or does not apply to financial instruments other than physically settled commodity derivatives because it is not within the intended scope of the Vienna Convention which is implying the Article 2(d) that it should apply to financial instruments other than the physically settled commodity derivatives which can be covered by the definition of goods under the Vienna Convention. This matter is investigated thoroughly in this work. Second I examine another international treaty the Hague Securities...
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Legal regulation of genetically modified organisms
Procházka, Miloš ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
66 RESUME Legal Aspects of Genetically Modified Organisms. Recently the transatlantic debate over the use of genetically modified organisms (GMOs) as food products, with the USA as a proponent on one side, and the European Union as an opponent on the other, was set to take center stage. The USA has initiated formal legal action under the World Trade Organization Dispute Settlement System, charging that the EU violates several agreements of international trade law, including Article III of GATT, an anti-protectionist measure which forbids a country from favoring its own products over imported "like products." The USA claims that GMOs and conventional crops are "like products", and that the EU moratorium on GMOs thus violates Article III. This Diploma work assesses the USA "like products" claim, most notably in light of Asbestos, Beef Hormone case and a recent WTO case which provides important guidance for determining likeness under four criteria of BTA Test (Border Tax Adjustments). At the heart of the GMO Dispute is the precautionary principle. The EU holds steadfast to this principle while the USA shuns it in relation to products containing GMOs. The EU's use of the precautionary principle as a guide for GMO regulation is supported by the overwhelming use of the precautionary principle worldwide in...
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