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Legal responsibility for marine pollution
Pekařová, Markéta ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the problem of oil pollution of the marine environment caused by vessels. At the beginning of the thesis, the most important international agreements dealing with the protection of the marine environment and conventions regulating the cooperation of states in the elimination of the consequences of oil pollution are introduced. The thesis focuses mainly on the international conventions governing liability of an individual entity due to oil pollution of the oceans, but also briefly deals with the question of the state liability. The work analyses relevant US legislation, and compares this with an examination into the stance of the European Union and the Czech Republic with regards to this problem. In conclusion, some provisions of the international conventions are subjected to criticism and possible changes to the legislation are proposed.
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Czech nuclear law
Staněk, Ondřej ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Czech nuclear law. The purpose of the nuclear law is to regulate the conditions of use of nuclear energy and ionizing radiation in order to ensure protection of people and environment from the adverse effects of ionizing radiation. Because of highly technical nature of nuclear law, the first chapter is devoted to possibilities of use of ionizing radiation, and to outline few of relevant technical terms. The second chapter of this thesis deals with international cooperation in the area of use of nuclear energy and ionizing radiation. The third and fourth chapters are devoted to Czech nuclear law with main focus on environmental aspects. While the third chapter defines the principles and tools of environmental protection in the field of nuclear law and introduces the structure of legal norms in this area, the fourth chapter analyzes the regulation of specific activities related to the use of ionizing radiation. Included are chapters concerning construction of nuclear facilities, transport of radioactive substances, decommissioning of nuclear facilities and radioactive waste management. Disregarded is neither regulation of liability for nuclear damage. In conclusion, the thesis highlights weak points of the legislation and delineates possible solutions de lege ferenda,...
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The dynamical disconnection of sunspots from their magnetic roots
Bárta, Tomáš ; Švanda, Michal (advisor) ; Sobotka, Michal (referee)
The thesis tries to verify a model for dynamic disconnection of sunspots from their magnetic roots proposed in the publication "The dynamical dis- connection of sunspots from their magnetic roots"(Schüssler & Rempel, 2005, Astron. Astrophys. 441, 337). In order to accomplish this task I conducted a numerical simulation, including a computation of a quiet Sun model using the OPAL opacity and equation of state tables. While simulating the time evolution of sunspot we retained the steps as are in the reffered article. The quiet Sun model corresponded well with other quiet Sun models, which are considered to be state-of-the-art. However, I was not able to reproduce the results fully as I didn't observe the dynamic disconnection. I suggest a more thorough testing of the presented code. 1
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Legal aspects of waste hierarchy
Dosoudil, Kryštof ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The purpose of my thesis is to analyse the conditions adjusted in main conceptions and in the legislation of waste management for accomplishing the goals of waste hierarchy. I point out some of the weaknesses of the waste hierarchy itself and the relevant legislation as well. The emphasis is on some aspects of different means of recovery of waste which is the priority in terms of waste management nowadays. I describe the differences between the individual ways of waste management and at the same time I describe the links throughout the whole waste hierarchy. Within partial summaries and especially in the conclusion I attempt to outline the ideal regulation on the waste management in The Czech Republic for next short and long term period so it matches the requirements of EU legislation.
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Czech Nuclear Law
Nosek, Tomáš ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This thesis goes into the czech nuclear law, i.e. the set of legal norms adjusting the terms of use of ionizing radiation and nuclear energy in order to ensure the protection of citizens, workers, property and environment against ill-effects of irradiation. The thesis has two main objectives. The first one is to provide a systematic insight into the corresponding existing czech legislation and its structure. To that end, the object and the subject matter of the nuclear law including the legal and real substance of its basic terms are analyzed. Furthermore, the text concerns itself with the international and european enactment, i.e. international treaties effective in the Czech Republic, organizations, in which the Czech Republic participates, Euratom and its secondary law. The role, recent importance and also original intent of organizations and treaties are emphasized. It is followed by the analysis of the existing municipal law of the Czech Republic, which is mainly inherent in the nuclear act and subsequent implementing legislation. The principles of nuclear law, framework of administration and competence of state agencies or other public institutions, character of activities within the use of ionizing radiation and nuclear energy and liability for nuclear damage are discussed. The second objective is to...
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Climate protection from the legal point of view (selected legal issues of climate protection in Indonesia)
Loudová, Sandra Sophia ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This diploma thesis aims to illuminate the issue of global climate change, its progression and describes the components of the climate system. The thesis addresses the impact of greenhouse gases on the climate system, the phenomenon of global warming, and the consequences along with their manifestations in the nature itself. The paper includes one chapter solely dedicated to the characterisation of environmental protection in historical context, with emphasis on the climate protection. The chapter also mentions a number of key international agreements and conferences. The second part of the thesis is concerned with the Indonesian legislation on climate protection in Indonesia. It also describes the global-scale impacts of selected activities and mentions number of international agreements and Indonesian regulation seeking to tackle the issue of climate change.
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The role of the Constitutional Court in the environmental protection.
Domesová, Simona ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This thesis aims to find out what the role of the Constitutional Court of the Czech Republic in environmental protection is. It should be found out through analysis of the case-law in this field. At first it follows up the characteristics and history of the Constitutional Court of the Czech Republic. It continues by talking about sources of environmental law and the most important chapter contains analysis of the cases. The thesis discusses the right to the favorable environment, the right to environmental information, the EIA procedure, the Aarhus Convention and the collision of the right to a favorable environment with other rights and freedoms as the most important topics. The thesis showed that the Constitutional Court ruled several times during his practice significantly in favor of the environment. But the less positive conclusion of the thesis is that Czech Republic law does not fully comply with the Aarhus Convention despite it is our obligation. The Constitutional Court will surely deal with this topic again. And the praxes will show us whether we are able to move our legislation closer to public participation in the processess related to the environment. Powered by TCPDF (www.tcpdf.org)
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The Aarhus convention in the Case law of Court of Justice of European Union
Opočenský, Marek ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This thesis describes issues which occurring during the implementation of requirements of Aarhus convention. The Convention has unique character, as it combines the basic human rights with environmental rights. Since 2005 The European Union is signatory, which means that content of Convention is part of union law and falls within the jurisdiction of the Court of Justice of European Union. The first chapter deals with the particular elements of the Aarhus convention. In the chapter two are described the consequences of accession to the Convention for European Union and her member states. The core of this thesis consists of chapters, 3-5, which in sequence analyzes, through selected court decisions, the most complicated provisions from the perspective of implementation and suggest certain tendencies in decision-making of the Court of Justice of The European Union. Among the most obvious belong differential treatment and claims on European and domestic bodies in executing the rights guaranteed by Aarhus convention. The final chapter suggests the overlap to the Czech regulation, concretely alerts at changes in decision-making and the legislature, which are among others strongly inspired by judgments of the CJ EU.
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