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Precautionary principle and its role in environmental protection
Krabec, Jakub ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
in English The diploma thesis addresses the precautionary principle and its role in environmental protection. In the introduction the author deals with the origins of application of this principle, its definition and its primary characteristics. Precautionary principle is distinguished from prevention principle and differences between terms principle and approach are assessed. Subsequently the thesis describes the current state of incorporation of precautionary principle in the individual areas of environmental protection and specifies the typology of various incorporation methods. Furthermore, significant case law regarding the subject principle is introduced and the current importance of the principle is evaluated. Substantial arguments of precautionary principle critics are also included. In the final part of the thesis, the author outlines de lege ferenda ideas concerning the precautionary principle, including efficient methods of incorporation of the principle, solutions to flaws of current regulations and draft of template provisions of precautionary principle application.
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Legal principles of the environmental protection
Braunová, Eva ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
The rigorous thesis is devoted to the analysis of the legal principles of the environmental protection that help to fulfill gaps in the legal regulations, represent support for the interpretation and application of the law. The objective of the thesis is to analyze selected legal principles of the environmental protection (additionally extra-legal principles). The rigorous thesis is divided into three main chapters. The first chapter deals with legally- theoretical definition of the legal principle, with the attributes of the legal principles, meaning of the legal principles and its function in the law. The following chapter pays attention to the legal principles of the environmental protection from the general point of view, thus the characteristics, specificity and typology of the legal principle of the environmental protection. The third chapter represents the crucial part of the thesis, where selected legal principles are analyzed, the characteristics, expression in the law and the application of the principles is being examined.
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