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International and European regulation of the ban on trading in children and women
Majerčíková, Gabriela ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
The aim of the thesis is to conduct an analysis of international law in relation to trafficking in women and children, from the perspective of various sources of law as well as various approaches used to deal with the issue. The question of the existence of a rule on the level of international customary law consisting in the prohibition of trafficking in women and children is especially significant. The problem of trafficking in women and children is a multi- dimensional issue encompassing more subsystems of international law, which gives rise to a question of the relation of the respective subsystems. The human rights law and criminal law approach complement each other in international legal instruments which deal with trafficking in women and children when their deficiencies are compensated for by the strengths of the other subsystem. The thesis is divided into two parts. The first part presents the introduction into the problem of trafficking in women and children. This part explains the relation between the analysed problem and related phenomenon, clarifies key words used in the thesis, defines actors engaged in the process of trafficking in women and children and finally deals with factors which exercise influence on the enormous rise of trafficking in women and children in the present-day...
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The term genocide in international law
Lukáč, Radovan ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
According to the internation law, genocide is a crime commited by persons endowed with state power or is commited with knowledge of the state, violating important norms of international law. Thesis is analyzing term "genocide" since its birth. We owe coining of the term to Polish lawyer with Jewish heritage, Raphael Lemkin, who characterised it in year 1944 in hope, that it will help with prosecution and sentencing of nazi war criminals in Nurnberg. It, unfortunately, did not happen. Their were charged only with crimes against humanity and war crimes. Term "genocide" did not help to prove guilt of unlawful acts of the nazi clique against ethnic and national minorities, but tribunals have subsumed it under terms such as "extermination" or "mass killings". Only after the final judgements were passed and sentences carried out, was Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948. To call unlawful acts a genocide, subjective and objective element must be present. Subjective element requires special intent to destroy, in whole or in part a national, ethnic, racial or religious group. To fulfill objective element, one of the acts ennumerated in Article II of Genocide convention must be commited. Thesis is analyzing term "genocide" as characterised in Genocide...
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Responsibility of a State in International Public Law
Botlóová, Kristína ; Faix, Martin (referee)
Responsibility of a State in International Public Law Abstract The thesis deals with the history of the responsibility of states in international law, it describes the actions of the UN Security Council in this area. The thesis also focuses on the rules of the existence of international responsibility and their implementation. It describes the relationship between the contractual law and the law of state responsibility, the circumstances excluding wrongfulness, namely vis maior, distress, justification, excuse, error. The thesis also explores the overstepping of competence and the relation of this institute to the responsibility of states in international law. The works of the UN International Law Comission in the area of the responsibility of states for other than unlawful conduct are also among the topics of the thesis. Other phenomena described in this paper are reparation, compensation and responsibility of states in the international law in the context of conduct of individual persons. We also present an overview of the legal frame of the state responsibility and the migrant smuggling, law of responsibility at the open sea, space law and responsibility of states and intelligence gathering. An important insight is dedicated to the question of the state succession into the responsibility for...
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International and European regulation of the ban on trading in children and women
Majerčíková, Gabriela ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
The aim of the thesis is to conduct an analysis of international law in relation to trafficking in women and children, from the perspective of various sources of law as well as various approaches used to deal with the issue. The question of the existence of a rule on the level of international customary law consisting in the prohibition of trafficking in women and children is especially significant. The problem of trafficking in women and children is a multi- dimensional issue encompassing more subsystems of international law, which gives rise to a question of the relation of the respective subsystems. The human rights law and criminal law approach complement each other in international legal instruments which deal with trafficking in women and children when their deficiencies are compensated for by the strengths of the other subsystem. The thesis is divided into two parts. The first part presents the introduction into the problem of trafficking in women and children. This part explains the relation between the analysed problem and related phenomenon, clarifies key words used in the thesis, defines actors engaged in the process of trafficking in women and children and finally deals with factors which exercise influence on the enormous rise of trafficking in women and children in the present-day...
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Health as an issue in International Politics and International Law
Bendíková, Natália ; Trávníčková, Zuzana (advisor) ; Peterková, Jana (referee)
The way we understand the term health is being changed significantly under continuous globalisation. Even though in the past, health issues were a concern of a particular country, today, as a result of intensive trade and travelling, these issues reach beyond the boarders of national states and influence millions of people around the world consequently. Thus, the issue of health is moving from the national to the international level and a new concept of Global health emerges. Global health is a notion, which has evoked a lot of interest among politicians, academics, theoreticians, and within the whole international community, too. The international community is aware of its responsibility for global improvements to health through collective action. Thus, this thesis is aimed at the analysis of the development and practice of diplomacy in the sphere of health, as well as identifying the reasons of international co-operation of states in this field. The thesis concludes that the co-operation in global health is based on moral values, which are included in human right to health. Lastly, thesis scrutinizes human right to the enjoyment of the highest attainable standard of health.
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The Treatement of Prisoners of War in Afganistan: Are the norms of international law respected?
Surňáková, Katarína ; Zemanová, Štěpánka (advisor) ; Trávníčková, Zuzana (referee)
The theoretical part of diploma thesis The Treatment of Prisoners of War in Afghanistan addresses the international law response to events related with the "war on terror". It also highlights the fact that the application of international law is necessary for harmonization national legislation of the states with international rules. In this case the United States of America. The empirical part of the thesis points out to the case of prison torture in detention center Bagram. The aim of this thesis is posing a question whether nowadays it is possible to capture and define the legal issues that arise with the torture of prisoners of war.
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