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Transformation of neutrality concept in theory and practice of selected European states
Mikušková, Radka ; Romancov, Michael (advisor) ; Pulgret, Miroslav (referee)
Proměny konceptu neutrality v teorii a praxi vybraných evropských států Abstract The thesis explores the emergence of a unique concept of neutrality within each the three neutral European countries: Sweden, Switzerland and Austria. In then examines changes in the policy of neutrality over time within each compared states, with emphasis on the post - Cold War transition from a bipolar to a multipolar world order. It is concluded that the end of the Cold War has had a marked influence on changes in the concept of neutrality within each of the compared states, largely because of the emergence of novel threats which can be now more effectively controlled through international cooperation as opposed to unilateral action by a single nation.
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Immigration Policy of the European Union: Legal Status of Third-Country Residents
Krivenkaya, Yana ; Pulgret, Miroslav (advisor) ; Knutelská, Viera (referee)
This master thesis deals with the issue of development of the EU immigration policy and expansion of the rights of third-country nationals who have been legally residing in the territory of the Union throughout this development. The aim of this thesis is to outline the crucial milestones in the form of primary and secondary legislation that led to the broadening of the scope of rights of third-country nationals in the Union, while examining their legal status in the Union in general and in the Member States in particular. The first part of this master thesis introduces the historical background, outlines the development in context of the European Union and provides the categorisation of legal third-country nationals residing in the territory of the EU, whereas the second part of the thesis deals with transposition of European legislation into national legislation of the selected Member States - Germany and the Czech Republic - while drawing a line of compliance and emphasising local requirements that were introduced in addition to (but not exceeding the scope of limitation provided by) EU legislation. In order to be able to determine the quality and ease of fit between the EU and the receiving Member States the descriptive content analysis is employed. In the second part of this thesis it is case...
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The Legal Status of Persons Detained in American Naval Base Guantanamo in Cuba
Kotek, Lukáš ; Ondřej, Jan (advisor) ; Pulgret, Miroslav (referee)
The thesis discusses the problem of application of international humanitarian law to american concept of "Global War on Terror" in international example of Guantanamo law and detainees. Although international humanitarian law and human rights law are complementary systems, the main stress is layed on humanitarian law. The Global War on Terror is described in offical statements of american administrative, in particular on G.W.Bush ́s statements and documents like National Security Strategy of United States of America (2002) and National Strategy for Combating Terrorism (2003). Special account is given to the afghan conflict between 2001 and 2006, including analysis of opposing sides, in particular of Taliban, and chracter of combat operations. At the same time the thesis is dealing with Guantanamo Bay detaineesi. It takes note of discrepancy between official statements and standard practice on Guantanamo Base. After introduction to humanitarian law, the status of detainees is discussed following the facts of previous chapters. The main distinction is drawn between detainees captured on the "battlefield" in Afghanistan and detainees "captured" outside the conflict. Powered by TCPDF (www.tcpdf.org)
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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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Protection against Discrimination under the European Convention on Human Rights
Konoplia, Oleksandra ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The thesis is focused on the examination of the scope of Article 14 of the European Convention of Human Rights, theoretical framework, and legal basis of the concept of discrimination. The paper presents an analysis of the caselaw of the European Court on Human Rights, how the latter operationalises the issue of inequality, and which inaccuracies of interpretation it leaves. The primary aim is to challenge the system of protection against discrimination under the Article 14 as well as the role of the national actors in its development. The thesis examines the level of compliance among signatories of the Convention with its anti- discriminatory provisions and focuses on the individual capacities of the states to satisfy judgements of the European Court on Human Rights. The usage of the comparative approach also helps to analyse the role of local non-governmental organisations in the process of compliance with human rights obligations under the Convention among signatories. The thesis aims to show why the level of protection against discrimination differs from the one country to another and which obstacles they face on the path towards the respect for human rights.
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Climate refugees in international law
de Figueiredo Coelho Maciel, Natália ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
Displacements caused by climate-related events have been on the rise throughout the last decades. The effects of climate change in displacement of people is still a field in construction. The people displaced due to the environment were first denominated as "climate refugees" or "environmental refugees". This thesis aims to examine the protection of the so-called "climate refugee" under international law. The main issue of the thesis relies on the fact that there is no general agreement on the refugee status of the "climate refugees". The refugee regime has the 1951 Convention as its cornerstone, and as such, the analysis of the Convention is crucial to comprehend who can be a refugee. The 1951 Convention is not the only legal instrument in the refugee regime. There are other legal documents capable of guaranteeing protection for refugees. This thesis discusses two other relevant legal instruments dealing with refugee protection: the OAU Convention and the Cartagena Declaration. It analyzes the refugee definitions and the main features of these specific documents. The three documents will be used to establish what sort of protection the "climate refugees" are entitled to under international law. The thesis will use two judicial decisions to evaluate the hypothesis of "climate refugee" being...
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Unilateral secession in international law
Chowdhary, Chetan ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
4 Bibliographic note CHOWDHARY Chetan, Unilateral Secession in International Law: The cases of Kashmir and Catalonia, 84 p. Master thesis. Charles University, Faculty of Social Sciences, Institute of International Relations. Supervisor: JUDr. Milan Lipovsky, Ph.D. Abstract: In the recent times, unilateral secession in International Law has come under widespread discussion with the major issues revolving around the circumstances under which a minority group or sub-state can secede from the state incorporating it. The study focuses on the principles of self-determination, an important factor to secede from a state over which international law has an ambiguous stand. International Law regards unilateral secession to be legal only in the aspects of decolonization as a last resort, that is one of the reasons why Kosovo remains unrecognized by the United Nations. The study focuses on two important cases i.e. Kashmir and Catalonia and compares them with Kosovo and Western Sahara respectively to understand the stance of International law on their demands for secession. The examination of these cases reveals that historical violence and injustice are not the only factors influencing the secessionist demands in Kashmir; similarly, the reasons for the demand for secession in Catalonia extend beyond collective identity...
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The role of the UN Security Council in front of the ICC
Mihai, Vlad ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...
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European states facing the refugee crisis in respect of their legal obligations
Chapel, Océane ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
Charles University, Faculty of Social Sciences, Institute of Political Sciences. Abstract of the Master Thesis: European States Facing the Refugee Crisis In Respect Of Their Legal Obligations This thesis present the European legal system in matter of asylum and obligation toward refugees. It showed the interconnection between international and regional and Union law at the European Level and how countries comply -or not, with the system. The main findings of the thesis is that the European system for asylum and protection of refugees rights through the different European human rights tribunals are comprehensive but still imperfect and some member states still prefer violating their engagements no matter the sanctions, rather than respecting them. The thesis also dissects the 1951 Convention Relating to the Refugee Status and the different European conventions, laws and judgments to offer a comprehensive analysis of European Asylum System.
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