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The Work of the International Law Commission in 2013
Šturma, Pavel
The topics on the Agenda of the ILC in 2013: Subsequent agreements and subsequent practice in relation to the interpretation of treaties, Immunity of State officials from foreign criminal jurisdiction, Protection of persons in the event of disasters, Customary International Law, Provisional application of treaties, and, on a preliminary basis, Protection of the environment in relation to armed conflict.
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Reversed discrimination in the Community contexts
Macháčková, Gabriela ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Reverse Discrimination in the Community Law Context Gabriela Machačkova The final thesis discusses the issue of reverse discrimination, which arises when nationals/products of a Member State are disadvantaged because they are subject to a national regulatory measure, while foreign (EU) nationals/products are protected from that national measure by virtue of European Community (EC) law. It examines the question of scope of EC Law, specifically focusing on the extent to which nationals of a Member State who have never exercised their Community rights can claim their rights by applying the Treaty establishing the European Community. It addresses the question of extension of the scope of EC law to cover purely internal situations in which no inter-State element is present, and to which the fundamental freedoms (free movement of goods, services, persons and capital) do not apply. First, it reviews the development of European Court of Justice case-law on reverse discrimination and situations which can be regarded as purely internal. The time frame discussed in the thesis ranges from the late 1970s until the present. Reverse discrimination and purely internal situations are analysed in terms of the examples of the Court's jurisprudence. Secondly, as Union Citizenship has been introduced by the Maastricht Treaty,...
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Recognition and Enforcement of Foreign Judgements in the European Union : (International Civil Procedure Law in the European Union - Selected Issues)
Čáslavská, Eliška ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic " Recognition and enforcement of foreign judgements in the European Union (International civil procedure law in the European Union - selected issues). Aim of my thesis is to provide systematic overview of legal rules directly applicable on recognition and enforcement of foreign judgements. The text is divided into eight main chapters, introduction and conclusion. The introduction of the thesis describes purpose of the text that is to compare particular regulations governing these questions and also defines basic terminology important for this topic. Following chapters focus on relevant regulations and have uniform structure. Opening of each chapter explains elementary characteristics of applicable regulation, reception of this regulation and its main goal. Next subchapters contain demarcation of the material competence of regulation, after that follows procedure of recognition and enforcement of foreign judgements. The chapter ends with relations to other instruments. Chapter Two concentrates on the recognition and enforcement of foreign judgements pursuant to Brussels I Regulation (Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) which is the first legal instrument in this area and...
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