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Weaponization of Outer Space: Double-Edged Blade of Dual-Use Technology
Pražák, Jakub ; Doboš, Bohumil (advisor) ; Hynek, Nikola (referee)
The thesis considered the feasibility of space warfare with an emphasis on the malicious potential of dual-use technology. I have described the orbital principles and set the presumptions of space warfare and the principles for space warfare strategy, introduced dual- use technology and its connections to space weapons, elaborated on existing counterspace capabilities and its impact, described the challenges for space warfare and evaluated the utilization of dual-use technology as space weapons. I have reached the conclusion that current space technology does not allow to lead extensive space warfare. However, counterspace technology is mature enough for the conduct of destructive space operations and states are encouraged to proliferate advanced offensive counterspace capabilities that are not sufficiently addressed and bounded to international law. Though, despite it seems space warfare is unlikely, the growing tensions of state space actors and rapid development of new technology that is currently mostly driven by the commercial actors may soon change the situation. Potentially destructive dual-use technology may then increase the risk and probability of space warfare. The thesis proposed several options of potentially destructive dual-technology technology that could be turned into space weapons.
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Mediation as a type of alternative dispute resolution
Kozlová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...
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Mediation with an International Element
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.
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International arbitration judiciary
Rajdová, Denisa ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This thesis presents a concise definition of arbitration as a method of dispute resolution, in particular in international commercial trade. In its seven chapters it contains a brief introduction to the history of international arbitration, its definition as opposed to other forms of alternative dispute resolution or the judiciary, an outline of the progress of operations from before the start of the procedure up until the end of it, and also a consideration of the advantages and disadvantages of arbitration. The first chapter of this thesis deals with the general characteristics of alternative dispute resolution. Disputes shall be defined by their relationship to arbitration, and a brief characterization of the different types of ADR such as mediation, conciliation, mini-trial, etc. will be included. It also outlines the development of arbitration proceedings, in particular in our country. The second chapter includes an introduction to the subject of arbitration. It contains the definition of the concept of international justice, in the context of fundamental theoretical doctrines which define the legal nature of the Institute and the Czech Constitutional Court and the case-law of the Court of Justice of the European Union. Finally, this chapter addresses the categories into which arbitration is...
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Mediation as an alternative dispute resolution method
Glatz, Viktor ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This thesis is dedicated to mediation as an alternative dispute resolution method and as a possibility to prevent long lasting court disputes which occur more than necessary. The aim of this thesis is to point out the advantages of mediation and the possibilities of its wider implementation in Czech Republic, while comparing with the Australian system, where mediation is widely used. The thesis is separated into six parts. The first part is focused on a brief introduction of some ADR methods, in particular renegotiation, mediation, pre-arbitration settlement methods, arbitration and hybrid ADR methods. Furthermore, this part focuses on the history of mediation around the world and in the Czech Republic. The end of the first part focuses on a detail analysis of various forms of mediation based on several criteria of division. The second part compares mediation to court proceedings from three different points of view. These are the ability of each method to fulfil the aims and needs of the parties, the aspects of the dispute and of the parties which affect the suitability of each method and lastly the ability of each method to eliminate the barriers to an effective resolution of the dispute. In the third part the author focuses on the role of the mediator, the organisation of mediation in the Czech...
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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Qualified persons in the field of occupational risks
Fichtner, Jan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Qualified persons in the field of occupational risks Abstract Qualified persons in the field of occupational risks are persons dealing with different levels of risk, different extent and type of risks. In this set is not only the person for health and safety, but there are other qualified persons as well. For example, a qualified person who provides and performs the ccupational health services, a qualified person for fire protection, a construction safety coordinator, as well as an inspection technician of dedicated technical equipment, etc. A key qualified person in occupational risk and health and safety prevention is a person who assist employers in occupational risk prevention by managing risk identification, providing risk assesments, identification of source and risks causes and incidents. This person takes care about risk factors on worplaces such as microclima, chemical and biological hazards, noise, ergonomy and many others risks and continuosly advises employers of identificated risk on workplaces. He leads as a expert in health and safety, but not responsible, for applying right and effective principles of work safety and accident prevention and provide high qualified consultating job for employers. As well as is need to be noticed that employers has a legal obligation to have minimum one these...
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Alternative dispute resolution methods in business relationships focused on mediation
Ištocyová, Aurélia ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
This (diploma) thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian...
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Alternative resolution of individual labour disputes
Schořovská, Nikola ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Alternative resolution of individual labour disputes Abstract This thesis deals with alternative ways of solving individual labor disputes. The main reason for choosing this topic was the author's personal experience with alternative methods of dispute resolution in the field of labor conflicts and labor disputes, in particular with mediation, and also the author's opinion on non-fulfilment of the full potential of these methods in individual labor disputes. The work aims to provide a structured overview of the most commonly used alternative dispute resolution methods in the Czech Republic. At the same time, the author deals with hybrid methods that are rarely used in the czech dispute environment. For the sake of clarity, the author tried to maintain a similar structure in the individual chapters. The first two chapters focus on the definition of basic terms such as labor law dispute, ADR and their division and types. The next chapters already focus on the basic and hybrid ADR methods. Space is also devoted to both negotiation, its principles, phases and negotiation approaches, and other methods. The focus of the work lies in the fourth and fifth chapters focusing on mediation and arbitration. The author describes main conceptual features, principles and legislation including some problematic legal...
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Weaponization of Outer Space: Double-Edged Blade of Dual-Use Technology
Pražák, Jakub ; Doboš, Bohumil (advisor) ; Hynek, Nikola (referee)
The thesis considered the feasibility of space warfare with an emphasis on the malicious potential of dual-use technology. I have described the orbital principles and set the presumptions of space warfare and the principles for space warfare strategy, introduced dual- use technology and its connections to space weapons, elaborated on existing counterspace capabilities and its impact, described the challenges for space warfare and evaluated the utilization of dual-use technology as space weapons. I have reached the conclusion that current space technology does not allow to lead extensive space warfare. However, counterspace technology is mature enough for the conduct of destructive space operations and states are encouraged to proliferate advanced offensive counterspace capabilities that are not sufficiently addressed and bounded to international law. Though, despite it seems space warfare is unlikely, the growing tensions of state space actors and rapid development of new technology that is currently mostly driven by the commercial actors may soon change the situation. Potentially destructive dual-use technology may then increase the risk and probability of space warfare. The thesis proposed several options of potentially destructive dual-technology technology that could be turned into space weapons.
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