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Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
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State Sovereignty in Cyber Space: A Modern Understanding of a Classic Concept
Kadlecová, Lucie ; Weiss, Tomáš (advisor) ; Raska, Michael (referee) ; Costa Farrand Carrapico, Helena Margarida (referee)
State sovereignty is a fundamental concept of the modern international order which has continually developed throughout its history. During this development, the concept of state sovereignty has faced serious challenges to its existence, the most recent being cyber space and its supposedly borderless nature. Nevertheless, recent state practices in cyber space indicate that state sovereignty remains a desired and relevant concept for governments around the world. Yet, a state is a territorial entity which attempts to impose its sovereignty in a seemingly non- territorial man-made cyber domain. One can expect that this must inevitably also have an impact on state sovereignty and our current understanding of it as a concept. Hence, this PhD thesis poses the following principal question: How does state practice of sovereignty in cyber space change the traditional understanding of the concept? To help answer it, it also presents two working questions: What kind of tools do states employ in order to exercise their sovereignty in cyber space nowadays? And In what way is the exercise of authority and control by states in cyber space different from the traditional domains? In short, this thesis examines how our understanding of state sovereignty has been transformed by the states' actions under the pressure...
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Choice of applicable law in private international law
Raška, Michael ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
Résumé The aim of the diploma thesis called Choice of applicable law in private international law is to provide a comprehensive analysis of the given area, justify the need and benefits of choice of law in situations involving private international law and to suggest possibilities for future development. The first section is dedicated to conflict-of-law rules, their construction, characterization and function. Choice of law is also analyzed from the perspective of the connecting factor. The following part focuses on the history of choice of law in private international law from the initial reflections in the Middle Ages to the rapid development in the second half of the 20th century. In the third chapter, choice of law is described in general terms, including an analysis of individual types of choice of law and analysis of renvoi. In the following sections, choice of applicable law in major legal situations involving private international law is explored. Firstly, contractual obligations are discussed, the main focus being the Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). Secondly, non-contractual obligations are analyzed mainly in terms of the Regulation (EC) No 864/2007 of the European Parliament and of the Council on...
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