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Expropriation relating to construction lines (particularly under the Energy Act and the Electronic Communications Act.)
Křížová, Jana ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
The aim of this thesis is to analyse the problematics of expropriation by construction lines in the area of energetics and telecommunications, which are considered to be strategic net branches of industry. Expropriation itself is regarded as an utmost intervention in the law of property, whose guarantee is secured with the highest legal power in the constitutional order of the Czech republic. As far as the structure of this thesis is concerned, it is divided into three main chapters described as following: The first chapter deals with basic definitions of the key words of this work, namely: construction, construction line and expropriation. Construction can be perceived in the sense of not only Civil code, but also Building act and it is crucial to differ these two regulations one from another. Construction line seems to be the source of a wide range of complications due to the fact that there is no legal definition of this term in the Building act. It should be taken into serious consideration to define this term in the future. The term of expropriation has two different meanings in the czech legal system, the first meaning represented by the widely acknowledged legal theory, the second one expressed in the key regulation of this institute - the Act of expropriation. The regulation of expropriation itself...
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Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic
Tanchinwuttanakul, Kamol ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Chovancová, Katarína (referee)
The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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Land reform during the First Republic
Peichlová, Adéla ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
The topic of my thesis is "Land reform during the First Republic", which proceeded in our state from the year 1919 till the year 1935. The land reform contained an element of the confiscation and expropriation, so I integrated in the introduction of my thesis the explanation and short overview of process and history of these two institutes, which represent the most important intervention of the states to the landed property. After that I focused on the alterations of the lands, their history and importance. The main part of my thesis deals with the land reform, especially the preconditions and the reasons, why our state decided to carry out so important and forward change of the landed property and different conceptions and views of the political parties. The next part of my thesis is focused on the laws, which deal with main problems and issues of the land reform, and on the pursuance of the land reform in practice. I didn't miss out include in my thesis neither results of this reform nor the criticism and appreciation of this reform. In my opinion this reform poses important component of the coup and one of the most important tasks, which the new independent state had to fulfil to stabilize the internal situation in the land.
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The expropriation and other restriction of property right in administrative law
Černá, Pavla ; Staša, Josef (referee) ; Kopecký, Martin (referee)
The thesis "The expropriation and other restriction of property right in administrative law" deals with legislation of institutes of deprivation or restriction of property right in administrative law. The thesis concerns mostly with expropriation, with the current legislation and also with the legislation which preceded. A brief characteristic of the Slovak and English legislation was presented. The second part of the thesis is an analysis of other restriction based on the acts of administrative law, for both of restrictions based on the legislative acts and on administrative acts.
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Expropriation as a serious interference with the property rights of a particular entity
Král, Martin ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Expropriation as a serious interference with the property rights of a particular entity The aim of this work entitled "Expropriation as a serious interference with the property rights of a particular entity", is to provide readers with a relatively comprehensive, but not completely detailed, view of the current legislation on the possibilities that Czech law generally provides in order to proceed to some form of expropriation in a particular situation and subject to predetermined conditions. In the first chapter, the author's attention is focused primarily on the right to property as a fundamental human right, which is inextricably linked to the possibility of expropriating anything. The second chapter deals more closely with the analysis of the concept of expropriation, with the fact that it further defines its various fundamental aspects and distinguishes it from the institutes that are often confused with it. In the third chapter, the author briefly discusses the historical developments of the institute of expropriation, its regulation and its perception in the Czech lands have undergone over the years. The fourth charter is devoted to individual legal norms related to the issue of expropriation, with the fact that in accordance with the individual provisions contained in these regulations, the...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Expropriation for the purposes of construction of transport, water and energy infrastructure
Sharapaev, Vladimír ; Prášková, Helena (referee)
Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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Expropriation for the purposes of construction of transport, water and energy infrastructure
Sharapaev, Vladimír ; Prášková, Helena (referee)
Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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General exceptions and police powers doctrine in indirect expropriation
Bělova, Alžběta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 ABSTRACT International investment dispute resolution is undoubtedly a place where many public and private interests come together, and it is not always easy to find equilibrium thereamong. Finding this balance is often a very complex discipline, as was confirmed by many investment tribunals in their decision-making practice. One of the most discussed problems in today's investment disputes is the issue of indirect expropriation and the related possibility of the state to adopt various regulatory measures and laws. It is often the case that, as a result of such measures, the proprietary rights of an investor are infringed and, as a consequence, they may bring a claim before an international investment tribunal against the respective state on the grounds of indirect expropriation. It is precisely because of this possible course of events that states have gradually become more cautious in adopting various legal measures, although some of them might be needed for the sake of environmental protection or the health of the population. This unwanted condition has come to be called "regulatory chill". In response to these developments in international investment law, states have gradually started to include certain provisions in their international investment agreements, which aspire to restore and secure the...
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Expropriation for the purposes of construction of transport, water and energy infrastructure
Sharapaev, Vladimir ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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