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Ethical aspects of accepting migrants and the role of social work in the context of curvent migrant crisis
ČAPKOVÁ, Jitka
The diploma thesis deals with ethical issues arising from the question of admission of migrants in the context of the current migration crisis. The aim of the thesis is to assess the ethical issues related to the admission of migrants. The key question under consideration is the state's obligation to admit migrants. This question is reflected on the basis of selected theories of global justice. The thesis also includes a description and role of social work with migrants. The first part of the thesis focuses on the introduction to the issue of migration, presenting the basic concepts related to the phenomenon of migration and dealing with different forms and types of migration and basic theories of migration; the following subchapter is a reflection of the migration crisis itself. The second part of the thesis consists in the definition of ethically problematic points related to the admission of migrants, reflecting the issues of human rights and state sovereignty and presenting the migration policy. The third part of the thesis focuses on the definition of the concept of global justice as an ethical basis for the state's approach to migrants. The last part of the thesis deals with social work with migrants, its individual methods and theories, as well as selected organisations working with migrants in the Czech Republic.
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The non-refoulement principle and the sovereignty of state
Dudek, Vavřinec ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
The non-refoulement principle and the sovereignty of state Abstract This master thesis deals with the relationship between the principle of non-refoulement and the sovereignty of state as fundamental principles of refugee and international law respectively. The thesis is primarily devoted to the interpretation and application of these principles in a European context. The text of the thesis is divided into three chapters. The first chapter describes the concept of non-refoulement. First, it is given here in what legal sources the principle of non-refoulement can be found. Then it is set out what the purpose of this principle is, when and under what conditions it applies, who is bound by it and which people it protects. Attention is also paid to different forms the principle of non-refoulement takes in various subsystems of international law and its nature in terms of international law sources. The second chapter focuses on the sovereignty of state. A brief historical development of this concept is presented in the introduction of the chapter. Subsequently, the current perception of sovereignty is laid out. The chapter focuses in more detail first on the basic definition of sovereignty, then on the differences between the views held by doctrine, states themselves and international courts. In the third, final...
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Non-Western Approaches to Statehood
Karmazin, Aleš ; Hynek, Nikola (advisor) ; Pšeja, Pavel (referee) ; Ogden, Chris (referee)
This thesis studies the variation of sovereignty in the international order by analysing how the general model of sovereignty is localised in the political practice of two major non-Western rising powers - China and India. I argue that their sovereignty should be understood as liquid despite the fact that these two countries are very often seen as strong defenders of 'conservative', 'absolutist' or 'Westphalian' sovereignty. The empirical core of the thesis investigates China's approach to sovereignty in relation to Hong Kong and Taiwan and India's approach to sovereignty in relation to Bhutan and Kashmir. Based on theoretical eclecticism and pluralism, I develop a theoretical and analytical framework that accounts for constitution (construction) of the sovereignty of China and India but that also have potential for being applied more broadly. It is calibrated to elucidate that sovereignty is a liquid and fluid phenomenon. It is based on the debate between Hans Kelsen and Carl Schmitt and analytically enhanced by including the perspective of scaling (derived from Human Geography) and temporal positioning (inspired by International Relations debates on the role of time). I propose three key argument. First, I show that each of the analysed states simultaneously pursues two different modes of...
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Different approaches to the social contract theory in Law and Politics.
Šimek, David ; Havel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Different approaches to the social contract theory in law and politics Abstract This thesis aims to analyze individual concepts of social contract theory in works of various contractalist authors throughout history, including the 20th century. Using the method of analysis and especially diachronic comparison it tries to refute the belief that the social contract theory is only a phenomenon of the Enlightenment period of the 17th and 18th centuries, and presents the main, but also lesser known, contractalist ideas from both ancient and recent history. The thesis is, besides the introduction and conclusion, divided into five chapters and eight subchapters, some of which are also further subdivided. It follows a similar structure troughout its length, with the exception of the first (which aims to generalize the concept of social contract theory) and the fourth chapter. The second chapter is a chronologically arranged historical overview, which begins with the authors of ancient philosophy and through the Middle Ages then culminates in the early Renaissance. This is a chapter dealing with the genesis of contractualism, especially its origins in individualism, voluntarism or naturalism, as well as the concept of individual free will and the medieval phenomenon of the struggle between faith and reason, the...
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Small Island Developing States and Statehood
Breitling, Dustin ; Riegl, Martin (advisor) ; Landovský, Jakub (referee)
Dustin Breitling Thesis Advisor: Martin Riegl, PhD. Small Island Developing States and Statehood Abstract: The spate of warnings that have been issued concerning Climate Change and its damaging impact upon the livelihood of populations has garnered increasing acknowledgement and critical concern. In a century where the potential for states to be submerged, concerns are being raised about how states, especially Small Island Developing States, are susceptible to losing Statehood. Small Island Developing States are already being ravaged by higher sea levels and dramatic loss of livelihood through inundation and potential submergence of their territory by the end of the century. Already these concerns are catalyzing Small Island Developing States to seek out alternative arrangements for their populations and importantly to preserve their legal personality. These arrangements tie in decisive concerns that connect how States are understood within in the international community as possessing a permanent territory, effective governance, permanent population and the capacity to be recognized by others. The angle offered and explored here becomes what happens once a permanent territory is undermined by seawaters and populations are relocated to Host States. If these issues are bound to occur then can historical...
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The concept of "Responsibility to Protect" and the international community. The case of Sudan
Linková, Zuzana ; Werkman, Kateřina (advisor) ; Hynek, Nikola (referee)
The thesis "Concept Responsibility to Protect Within International Community: Sudan Case Study" focuses on the R2P concept and its implications since its approval at the World Summit in 2005. The theoretical part of the thesis explains the R2P concept, its constitution, the three pillars and their main principles, and categories of crimes on which the concept can be applied. This section includes an analysis of attitudes, which the key international actors adopted towards the R2P. The last chapter of the theoretical part examines the main problems, challenges and difficulties of the concept which could the international community face when implementing the concept. The practical part of this thesis relates to the conflict in Darfur. Its first chapter deals with the evolution of tensions in Sudan, which had affected the current conflict. The second chapter focuses on the present conflict since its beginning in 2003, including the debate about the possibility of potential genocide committed by the Sudanese government. The involvement of the key international actors (the UNSC and AU) in the conflict is discussed in this part as well. Finally, the last part interconnects the concept through the three pillars with the conflict and; it evaluates functioning of the R2P in the case of Sudan. The evaluation...
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"The Concept of Sovereignty of Thomas Hobbes and Samuel Pufendorf and its Role in the Constitution of Modern Concept of State".
Belling, Vojtěch ; Gerloch, Aleš (advisor) ; Reschová, Jana (referee)
It is a topos of postmodern law and political philosophy to speak about the "change" of the concept of sovereignty, and to put the current forms of state existence in opposition to the "classical" theory of sovereignty. The theoretical content of this "classical" doctrine is too easy identified with the empirical reality of the Westphalian state system and understood as an apotheosis of the autonomous, independent states and legal systems. In this thesis I have therefore tried to investigate the logical core of the doctrine of sovereignty of two important political philosophers of the 17th century, Thomas Hobbes and Samuel Pufendorf. Based on the analysis of the central works of both authors, in the light of the latest research, the work shows that their understanding of sovereignty can only be understood with the help of the analysis of the concept of fictitious (or fictitiously) created artificial (moral) person. Sovereignty is no term for an empiricial force or violence, but the name for an imaginative absolute power that is connected to the artificial sphere of fictitious legal reality which is radically separated from the empirical world. The "sovereign power of the Commonwealth" is related to the fictional character of the state, which is identical to the concept of people (populus). The...
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