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Dispute settlement in the international economic law - selected aspects
Cibulková, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This thesis deals with the dispute settlement in international economic law. Specifically, it focuses on dispute settlement mechanism within the framework of the World Trade Organization (WTO). The aim of the thesis is to examine specific features and evolution of this mechanism and to look at its functioning through case analysis. As an object of the case analysis I chose to investigate cases which have been filed by or against People's Republic of China (China) since its accession in 2001. The accession of China to the WTO was entailed with some controversy and China is well known as a state which is rather not in favor of international adjudication. Therefore, I would like to discuss why this system is more appealing to China and which consequences it might have. The thesis is divided into four main parts which are further divided into chapters. The first part of the thesis explores evolution of the dispute settlement mechanism of the WTO from its predecessor GATT 1947 and outlines main features of the dispute settlement proceedings. The second and the third parts of the thesis shift focus on China and provide a basis for the case analysis in the fourth part. The second part deals with specific circumstances of the accession of China to the WTO, while the third part looks at historical and cultural...
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International investment arbitraion in selected EU Member States
Kiselyová, Miriama ; Šturma, Pavel (advisor) ; Chovancová, Katarína (referee) ; Balaš, Vladimír (referee)
International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...
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Manipulation of Sports Competitions in the Context of International Law
Woska, Jan ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
Manipulation of Sports Competitions in the Context of International Law The main goal of this thesis is to examine the manipulation of sports competitions in the context of international law. Albeit the manipulation of sports has a long history, it has seen dramatic growth and globalization over the last twenty years. It is so for several reasons connected mainly with the ever-growing commercialization of sports and the boom in sports betting. In recent years, sports betting has changed the perception of the manipulation of sports competitions as being an internal matter in sports. The massive entry of global betting syndicates and fixers into the field has clearly demonstrated that sports manipulation cannot be effectively tackled on the level of individual countries without international coordination. Such coordination is now made possible thanks to a unique international-law instrument tailored to tackle manipulation of sports competitions - the Council of Europe Convention on the Manipulation of Sports Competitions. After introducing the complexity of sports manipulation and its international-law dimension, the thesis examines individual parts of the convention, and its contribution to strengthening sports integrity and international cooperation. At the end, the thesis focuses on describing the...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Balaš, Vladimír (advisor) ; Hofmannová, Mahulena (referee) ; Feigerlová, Monika (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law
Bartková, Josefína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections...
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The International Court of Justice and its jurisdiction in contentious cases
Šindelková, Soňa ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee) ; Caban, Pavel (referee)
1 The International Court of Justice and its jurisdiction in contentious cases Abstract This doctoral thesis deals with jurisdiction of the International Court of Justice (hereinafter the " ICJ"") in contentious cases (or, in other words, its contentious jurisdiction). The ICJ works in the environment of international community in which the principle par in parem non habet imperium applies. Consequently, the ICJ's contentious jurisdiction is based on the consent of States parties to a dispute (principle of consent). The key questions dealt with in this thesis are the following ones. How does the law, practice of States and, in particular, jurisprudence of the ICJ cope with the specific features of the horizontal system of international law? Who can appear before the ICJ, and under what circumstances? More specifically, how does the ICJ adjudicate on its competence? What are the origins of the delimitation of the ICJ's jurisdiction and how has it evolved since hundred years ago? The contentious jurisdiction of the ICJ, the most important international court, is a legal concept of crucial importance. It originates and operates within certain frameworks such as historical, systemic and procedural. Its historical background and development are of particular relevance here. The mechanism was designed in 1921 and...
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The position of guarantees of non-repetition within transitional justice
Hůlová, Eliška ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The Position of Guarantees of Non-repetition within Transitional Justice Abstract Within transitional justice (TJ), guarantees of non-repetition (GNRs) refer to measures aiming to prevent the recurrence of mass human rights violations. They form one of the four pillars of TJ (next to justice, truth and reparation). In contrast with the other three pillars, GNRs are concerned primarily with the future and present a function that may be fulfilled by an open- ended variety of measures. Thus, GNRs aim to fulfil the preventive function of TJ. However, although non-repetition is understood as one of the core objectives of TJ, GNRs remain underexplored and there is much ambiguity surrounding the topic. This thesis thus aims to contribute to the conceptualization of GNRs within TJ. To this end, this thesis explores the origins and normative foundations of GNRs as a State obligation arising from mass and systematic human rights violations. This analysis starts with a review of GNRs within the law of state responsibility, followed by an exploration of the concept's development in international human rights law and TJ. Since GNRs can be conceived either as a part of reparations or as a separate pillar of TJ, this section also explores the foundations for both of these understandings. Subsequently, this thesis turns to...
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Diplomatic Protection and its Provision in International Law
Dopitová, Kristýna ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
Diplomatic Protection and its Provision in International Law Abstract The thesis deals with diplomatic protection in a formal sense, especially concerning natural persons who do not have strictly one citizenship. The text of the thesis is divided into five chapters. First one is focused on the concept of diplomatic protection and its requirements. The second chapter contains development of its codification with an emphasis on Draft Articles on Diplomatic Protection. The third and fourth considers the possibility of providing it to stateless individuals and individuals with multiple nationalities. Finally, the relevance of diplomatic protection in the present day is discussed, considering the increasing number of human rights conventions and bilateral investment treaties. Analysis and synthesis are predominantly used in this thesis as well as comparative and descriptive research methods. The main aim of the thesis is to investigate the possibility of providing diplomatic protection to an apatrid or an individual with multiple nationalities and its conditions. The additional objective was to determine whether the provision of diplomatic protection to a natural person is still requested in case of injury. The main finding of the present thesis is the existence of possibilities to exercise diplomatic protection...
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The climate protection under international law
Prokš, Marek ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
The climate protection under international law Key words: international climatic law, United Nations Framework Convention on Climate Change, Kyoto Protocol Abstract The purpose of the thesis is to analyze the system of climate protection in international law. In the thesis, there is described the history of the part of international law concerning climate changes, the contemporary international climatic law itself, and some of the most serious problems concerning the topic. The reason for my research is to introduce the basic system of international climatic law, as well as to show how modern international law is created. The thesis is divided into five chapters. The first chapter describes the international climatic law as a part of the international environmental law, shows the forms of treaties used in the international environmental law and presents the reasons why the form of framework convention was used in the case of international climatic law. The second chapter analyzes the history and evolution of international climatic law. From the first political declaration to the most recent international conventions, the most important milestones of the development of the international climatic law are shown. The third chapter presents the United Nations Framework Convention on Climate Change itself as the...
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The international law position of child soldiers
Vrba, Jan ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
This work is devoted to international law, particularly humanitarian law and human rights with emphasis on international legal instruments governing the position of children serving in the armed forces. In this work are discussed various international conventions, as well as mechanisms for the protection of child soldiers. The first chapter defines the position of child soldiers and the specifics of their involvement in military conflicts. The decisive criteria for the involvement of children in government armed forces or non-state army is age. Furthermore there is described into more details the mechanism of conscription into the army. There is difference between voluntary and forced recruitment of child soldiers. The various international legal instruments are analyzed more in detail in chapter two. The issue of Child soldiers is addressed with both the rules of humanitarian law, specifically the Additional Protocols to the Geneva Conventions and Human rights conventions. Special attention is paid to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict. Analyzed is the only regional convention addressing the problem of child soldiers -the African Charter on the Rights and Welfare of the Child. The issue of child recruitment is also...
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