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Ownership and liability while space mining on the Moon and asteroids
Sviatkin, Ivan ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Ownership and liability while space mining on the Moon and asteroids Abstract This paper explores the legal framework regarding property rights to space resources and the issue of liability for space mining activities. The exploration and utilization of space resources are becoming increasingly important, given the potential economic and scientific benefits that could result from such activities. However, the lack of a clear legal framework regarding property rights and liability in space poses significant challenges to the development of the space industry. The paper begins by examining the existing space law regime, including the Outer Space Treaty and the Moon Agreement, which provide the foundational principles for space exploration and utilization. The paper then discusses the legal debates surrounding property rights to space resources, including the debate between the United States and other countries regarding the interpretation of the Outer Space Treaty and emerging national space legislation. The paper also examines the issue of liability for space mining activities and the challenges in determining responsibility or liability in the event of accidents or damages. The paper concludes by highlighting the need for a clear legal framework that balances the interests of different stakeholders in the...
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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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International Legal Issues Related to the Status of the State of Israel
D´Evereux, Veronika ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee) ; Caban, Pavel (referee)
International Legal Issues Related to the Status of the State of Israel Abstract The emergence and continued existence of the State of Israel, which is completely surrounded by Arab neighbors, may be one of the main causes of the current conflict that began in this part of the region more than seventy years ago. At the same time, the creation of the State of Israel constitutes a certain exception to international law because it was linked to a non-legally binding resolution of a body of an international organization of a universal nature, in particular to the UN General Assembly Resolution 181 (II) of 1947. This resolution foresaw the establishment of both a Jewish and an Arab state in part of the territory of the former Ottoman Empire, which was then administered by Great Britain as a mandate territory. While the state of Israel declared its independence on 14 May 1948, the Arab people of the mandate rejected this resolution, and their right to self-determination was not pursued until many decades later. In relation to this, and as a result of several armed conflicts between the State of Israel and the surrounding Arab states, there has also been a controversial situation with regard to parts of the territory of the former Mandate of Palestine that is at the same time not the territory of the State of...
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Principle of complementarity in the Rome Statute
Urbanová, Kristýna ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Caban, Pavel (referee)
Principle of complementarity in the Rome Statute The thesis provides a reader with analysis of non/operation of principle of complementarity in practice of the International Criminal Court. The principle of complementarity concerns rules governing a relationship between national courts and the ICC in the context of exercise of jurisdiction over the crimes under international law covered by the Rome Statute. From the beginning, the principle of complementarity has been considered as a cornerstone of the Rome Statute and has been often contrasted with principle of primacy enjoyed by the International Criminal Tribunal for Former Yugoslavia and International Criminal Tribunal for Rwanda. During the adoption of the Rome Statute, both the states and researches expected that thanks to complementarity the ICC would act only as a court of a last resort and would exercise its jurisdiction only if states endowed with jurisdiction would be unwilling or unable to investigate or prosecute those responsible for international crimes in jurisdiction of the ICC. The amount of emphasis put on unwillingness or inability of states to investigate and prosecute should have guaranteed a balance between a protection of state sovereignty and effective and credible operation of the International Criminal Court. The...
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State Immunity at the Dawn of the 21st Century: Twilight or Renaissance?
Kudrna, Jaroslav ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Caban, Pavel (referee)
1/3 ABSTRACT STATE IMMUNITY AT THE DAWN OF THE 21ST CENTURY: TWILIGHT OR RENAISSANCE? JAROSLAV KUDRNA, ESQ., LL.M. State immunity is a foundation of public international law. Sovereign immunity is based on the fundamental principle of international law, namely the equality of states - par in parem non habet imperium. State immunity is thus a manifestation of state sovereignty and states demonstrate respect for the sovereignty of other states by according immunity to foreign states appearing before their courts. The principle of state immunity is a dynamic area of public international law. State practice is continually evolving through national laws and court rulings. The aim of this thesis is to describe the current development of state immunity and to identify possible future trends. Another objective is to draw from current developments and offer practical recommendations on state immunity for both investors and states. The 20th century can be described as a twilight of state immunity: an absolute theory of state immunity shifted towards a restrictive one. That century witnessed the decline and fragmentation of state immunity. In contrast, if the UN Convention on jurisdictional immunities of states and their property enters into force and is ratified by a large number of states, state immunity might...
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