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Administrative and economic tools of environmental protection
Staničová, Anna ; Sobotka, Michal (advisor) ; Damohorský, Milan (referee)
Resumé Legal and Economic Instruments of Environmental Protection The purpose of this thesis is to outline legal and economic instruments of environ- mental protection. They are considered to be the most important instruments that are applying within environmental policy. This thesis is conceptually divided into three linked parts, in each of them I am trying to approach both instruments and demonstrate their application in the sphere of air pollution. They are preceded by brief introduction where I explain the impor- tance of environmental protection and outline how to reach it by using different instruments. Part One deals with the description of legal instruments as the basic instruments of the environmental policy. Legal regulation is primarily based on general legal rules and system of consents and permits based on individual administrative acts, all bac- ked by administrative or criminal sanctions. The another important function of legal regulation is fixing the standards (especially emission and immission limits). The end of this part points out the advantages and disadvantages of legal instruments. Part Two analyses the second instrument of environmental regulation-economic instruments. There are mentioned different types of economic tools: taxes, charges, subsidies, loans, deposit-refund system,...
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Legal aspects of environment protection within public procurement
Víchová, Barbora ; Sobotka, Michal (advisor) ; Drobník, Jaroslav (referee)
This work is focused on the "smart" purchasing from the point of view of considering the environmental criteria within this process - so called green public procurement. The aim of this work was a comprehensive describtion of possibilities pointing to environment protection within the scope of public procurement process, to contribute to knowledge of this mainly voluntary tool of environmental protection and to analyze it by the describtion of its evolution and contemporary state. This work provides an answer to a question how is the public procurement related to a environment protection, whether it is possible to protect the environment through a public procurement process and whether this kind of protection can be effective.
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Legal principles in waste management
Braunová, Eva ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Summary/Key words 80 SUMMARY Waste management principles The main purpose of this thesis is to analyze practical application of legal principles in waste management. This topic was chosen based on the publication of new Waste Framework Directive which newly deals with the issue of principles in the waste management. Fundamental principles that are being introduced in the Directive are waste management hierarchy, proximity principle, self-sustainability principle, extended polluter responsibility. The thesis is composed of five main chapters, each subdivided into several sections. First chapter introduces reader into the aspects of legal principles and describes basic characteristics of the principles, its function and points out legal theories which have occurred in the past. Introduction chapter also deals with the question of difference between legal regulation and legal principle. Following part of the introducition outlines legal regulation of waste management, as it is initial point for understanding of further sections. The third chapter is devoted to the fundamental principle of waste management, waste management hierarchy. Primarily, the term waste is being described, because it is very problematic to define it correctly and its proper definition highly influences further waste disposal. Other...
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Legal regulation of packaging and package waste management
Bílová, Petra ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This work aims to analyze legislation on the management of packaging and packaging waste. The object of the research is European legislation from the Czech -based treatment, which are discussed in detail. The focus of the work is the chapter dealing with the life cycle of the packaging. The rights and obligations of responsible persons related to different stages of the life cycle of the packaging are in Act No. 477/2001 Coll., On packaging and related regulations set out in detail so as to fulfill one of the basic principles of packaging issues "From the cradle to the grave." The work aims at the systematic distribution of these rights and obligations of the different stages. The last chapter focuses attention on beverage containers, specifically comparing the environmental impact of one-way and returnable beverage containers.
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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The protection of international watercourses
Janoščíková, Markéta ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Protection of International Watercourses The purpose of the Thesis is to analyze the present degree of the protection of international watercourses and to describe three main levels: international law, European law and Czech law. Although the issue of environmental protection and sustainable use of international watercourses is considered to be one of the most significant problems of the present society, the topic has been rather neglected by Czech scholars. Analytical, logical and historical methods were primarily applied in the study. The thesis is composed of four chapters, which are furthermore divided into sections and subsections. The term "international watercourses" usually designates rivers, lakes and groundwater sources shared by two or more states. Chapter one deals with international customary law (especially equitable utilization and no harm principle), international treaty law (global and regional cooperation as well as non- binding documents) and selected major cases important for the evolution of protection of water. In the past, international water law concerned mostly with allocating water supply between riparian states. Nowadays the law concentrates more on permissible uses of watercourses and preventing pollution of freshwater resources as well as water ecosystems. The second...
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Environmental protection in mining law
Mazancová Dupláková, Daniela ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
Ochrana životného prostredia v banskom práve Daniela Dupláková 139 Abstrakt - Abstract Táto práca sa komplexne zaoberá problematikou banského práva v eskej republike a ochranou životného prostredia pri tejto innosti. V tejto práci popisujem proces dobývania nerastov od jeho po iatku, až po jeho ukon enie. Dobývanie nerastného bohatstva je dlhodobým procesom, ktorý býva spravidla zapo atý vyh adaním a prieskumom ložiska nerastu. alšiu fázu tohto procesu tvorí samotné dobývanie nerastu, ku ktorému banská organizácia potrebuje rozdielne povolenia, ako napríklad ur enie dobývacieho priestoru alebo povolenie banskej innosti. Závere ným štádiom dobývania je likvidácia bane alebo lomu. Táto práca popisuje jednotlivé ochrané nástroje vo vz ahu k životnému prostrediu, ktoré sú uplat ované v priebehu celého procesu. V práci sa zaoberám taktiež aj poh adom na možný budúci vývoj banského práva vo vz ahu k zaisteniu vyššej ochrany životného prostredia. "Environmental protection in mining law" This graduate theses deals in details with issues of mininf law in the Czech Republic along with a process of environmental protection that occurs during sach activity. This theses further descrites the actual process of mineral mining since it's very initial stage up until it's final phase. Mineral mining is a long term process...
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Environmental impact assessment (EIA, SEA)
Tetřevová, Michaela ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Environmental assessment (EIA, SEA) Resumé This paper is concerned with Strategic environmental assessment (SEA) which is an instrument of environmental law used for assessing impacts of strategic actions on the environment. First chapter deals with definition of SEA, its advantages and disadvantages and its relationship with Environmental Impact Assessment (EIA). SEA was introduced in order to overcome the limits of EIA, mainly EIA's inability to deal with cumulative impacts and wrong timing. Second chapter is about international legal basis of SEA. Several international treaties regarding SEA are mentioned, among others Treaty from Espoo and Kyiv Protocol. Third chapter outlines development of SEA in European Union law. At first a broader context of European environmental law is set out and some of the basic principles are defined. Subsequently history of SEA Directive is described and its content is analyzed. Also a comparison of SEA Directive and Kyiv Protocol is provided. Fourth chapter deals with legal framework of SEA in the Czech Republic. At first, history of SEA legislative in the Czech Republic is introduced. Then contemporary law, i.e. Act no. 100/2001 Coll., is analyzed in greater detail and the focus is on formal procedure and its individual steps. Special procedure of SEA in new Building code...
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