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European Convention on Human Rights and its response to hate crimes and hate speech
Kundrák, Viktor ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee) ; Jílek, Dalibor (referee)
The doctoral thesis deals with the issue of hate crime and hate speech in international law, specifically the protection of victims of acts falling under both categories within the framework of the European Convention on Human Rights. It describes the conceptual development of both phenomena and their regulation in international law, including both hard law, i.e. binding international law, and soft law, at both the universal and regional levels. Regarding hate speech, it highlights the crucial role of international freedom of expression protection and the different standards and requirements imposed on states based on the severity of the speech. It extensively analyzes the case law of the European Court of Human Rights in relation to both areas, introducing the category of verbal hate crime, which lies between hate crime and hate speech. It describes the parameters and limits of victim protection in relation to both types of behaviors and outlines possible future directions for the development of the Court's case law in the context of binding instruments at the universal level and the dynamic development of international soft law. In the area of hate crime, it focuses on the reflection of the need for a comprehensive response to the phenomenon, going beyond the procedural obligation of effective...
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Regulation of Extradition Procedure in International Law
Huclová, Helena ; Šturma, Pavel (advisor) ; Jílek, Dalibor (referee) ; Polák, Přemysl (referee)
Regulation of Extradition Procedure in International Law The subject of research of the thesis is the institute of extradition. The issue of extradition of persons by one state to another state with the purpose of criminal proceedings or imposition or enforcement of a sentence is very topical. Progressing process of globalization and easy ways of travelling enable perpetrators of criminal offences to hide from justice in various states. The extradition plays an important part in extradition of perpetrators of "ordinary" criminal offences as well as it is significantly instrumental in a fight against transnational organized crime, cybercriminality and other forms of transnational crimes. Cooperation of states in extradition of persons is therefore absolutely crucial in a fight against impunity of perpetrators of criminal offences. The extradition law may be divided into a material branch and a formal branch. The material extradition law analyzes conditions for granting the extradition. The formal extradition law represents an overview of procedural measures relating to the commencement of extradition proceedings, its course and its termination. The topic of the thesis is the "Extradition in International law". However, the subject of the thesis itself is narrower. The thesis focuses only on the...
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International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas
Mongiello, Andrej ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Jílek, Dalibor (referee)
International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas Abstract The dissertation thesis International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas deals with creation, acceptance and implementation of peace agreements. The emphasis is on nature, functions and status of the peace agreements within international law. The second major area of research is a legislation of the implementation of peace agreements in the period between the termination of armed conflict and rebuilding a just and sustainable peace in the country when the armed conflict was undergoing. The implementation process is extremely complex and fragmented, which requires major efforts to ensure an effective and efficient outcome of the process. In a specific section we are focusing on case studies of implementation processes (i.e. solution of legal relations between Sudan and South Sudan). The concept of jus post bellum, which seeks to build on the law of armed conflict, is used for the legislation of the implementation in the doctrine of international law. In addition to jus post bellum we will mention also new approaches to international mediation, Responsibility to Protect, Transitional Justice and lex pacificatoria. As results of the work are findings that the peace agreement, excluding...
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The definition of a refugee, its interpretation and application in recent international law
Honusková, Věra ; Šturma, Pavel (advisor) ; Hofmannová, Mahulena (referee) ; Jílek, Dalibor (referee)
Resumé Práce zkoumá definici uprchlíka a její výklad a aplikaci v současném mezinárodním právu. Vymezení zpracovávané látky je dáno smluvním instrumentem z roku 1951, kterým státy přijaly definici uprchlíka, Úmluvou o právním postavení uprchlíků. Zkoumána je zahrnující část definice, která říká, kdo je uprchlíkem. Za něj považujeme osobu, která (...) "se nachází mimo svou vlast a má oprávněné obavy před pronásledováním z důvodů rasových, náboženských nebo národnostních nebo z důvodů příslušnosti k určitým společenským vrstvám nebo i zastávání určitých politických názorů, je neschopna přijmout, nebo vzhledem ke shora uvedeným obavám, odmítá ochranu své vlasti (...)". Disertační práce pracuje s následujícími hypotézami: 1) došlo k posunu ve výkladu a aplikaci definice uprchlíka. Zde je zároveň sledováno, zda došlo k vytvoření nové obyčejové definice a jaký je případně její obsah; 2) došlo ke vzniku regionální obyčejové definice - a zde je opět brán zřetel na to, jaký je případně její obsah; a 3) restriktivní praxe států před a při vstupu cizince na území ovlivňují výklad a aplikaci definice uprchlíka. Text je členěn do čtyř částí. První se zabývá historickým vývojem definice uprchlíka a zkoumá, co státy ovlivnilo při formulování jejího pozitivního zakotvení. Mezinárodněprávní reakce na fenomén uprchlictví je...
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Regulation of Extradition Procedure in International Law
Huclová, Helena ; Šturma, Pavel (advisor) ; Jílek, Dalibor (referee) ; Polák, Přemysl (referee)
Regulation of Extradition Procedure in International Law The subject of research of the thesis is the institute of extradition. The issue of extradition of persons by one state to another state with the purpose of criminal proceedings or imposition or enforcement of a sentence is very topical. Progressing process of globalization and easy ways of travelling enable perpetrators of criminal offences to hide from justice in various states. The extradition plays an important part in extradition of perpetrators of "ordinary" criminal offences as well as it is significantly instrumental in a fight against transnational organized crime, cybercriminality and other forms of transnational crimes. Cooperation of states in extradition of persons is therefore absolutely crucial in a fight against impunity of perpetrators of criminal offences. The extradition law may be divided into a material branch and a formal branch. The material extradition law analyzes conditions for granting the extradition. The formal extradition law represents an overview of procedural measures relating to the commencement of extradition proceedings, its course and its termination. The topic of the thesis is the "Extradition in International law". However, the subject of the thesis itself is narrower. The thesis focuses only on the...
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Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application
Holá, Eva ; Pavlíček, Václav (advisor) ; Scheu, Harald Christian (referee) ; Jílek, Dalibor (referee)
in English In her thesis entitled Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application, the author deals with very actual and socially necessary topic of the position of foreigners in the Czech legal order. The main aim of the thesis is to point out the contradictions between constitutional guarantees of fundamental rights and freedoms and their factual situation and to analyze these contradictions. In detail, the text offers analysis of many court decisions from the Czech Republic but also of relevant case-law of the European Court of Human Rights and Human Rights Committee. The author also draws her knowledge of decision-making from her ten- year practice in migration law. The thesis focuses mainly on the legal status of third-country nationals (TCNs), i.e. all non-EU nationals, as with the development of the EU, TCNs remain foreigners or aliens in the true sense of the word. It is true, that with the growing EU legislation on migration have TCNs have certainly gained a more solid status than international law had offered. Specially it concerns guarantees in residence proceedings and related social rights and right to reunification of the family members. However, in the last decades, EU states form their migration policies...
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Expulsion of aliens under international law
Flídrová, Eliška ; Šturma, Pavel (advisor) ; Honusková, Věra (referee) ; Jílek, Dalibor (referee)
The aim of this thesis is to clarify what are the limits of the right of the state to expel aliens under international law while examining whether or not there is any general rule by which states are bound in exercising their power to expel aliens from their territory. This thesis is using a descriptive and analytical method as methods of work. The comparative method is also partially used for analysis of the practice of states in the individual aspects of the limitation of the right of expulsion and the related decision-making practice of the judicial and quasi-judicial authorities. The conclusion of this thesis is an analysis of the fragmented legal regulation of expulsion of aliens in different areas of international law (both procedural rules and selected areas of substantive regulation). The work is mainly focused on examining limits of states to expel an alien to a particular state through non-refoulement principle and restrictions to expel aliens through the protection of family and private life. Concerning the general conclusions, the examination of limits on the right to expel in international law has crystallized in one general rule that can be considered as an implicit part of all the limits analyzed, which is the effort to avoid the arbitrariness of states.
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International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas
Mongiello, Andrej ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Jílek, Dalibor (referee)
International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas Abstract The dissertation thesis International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas deals with creation, acceptance and implementation of peace agreements. The emphasis is on nature, functions and status of the peace agreements within international law. The second major area of research is a legislation of the implementation of peace agreements in the period between the termination of armed conflict and rebuilding a just and sustainable peace in the country when the armed conflict was undergoing. The implementation process is extremely complex and fragmented, which requires major efforts to ensure an effective and efficient outcome of the process. In a specific section we are focusing on case studies of implementation processes (i.e. solution of legal relations between Sudan and South Sudan). The concept of jus post bellum, which seeks to build on the law of armed conflict, is used for the legislation of the implementation in the doctrine of international law. In addition to jus post bellum we will mention also new approaches to international mediation, Responsibility to Protect, Transitional Justice and lex pacificatoria. As results of the work are findings that the peace agreement, excluding...
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International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas
Mongiello, Andrej ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Jílek, Dalibor (referee)
International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas Abstract The dissertation thesis International Legal Aspects of Rebuilding State Structures in Post-Conflict Areas deals with creation, acceptance and implementation of peace agreements. The emphasis is on nature, functions and status of the peace agreements within international law. The second major area of research is a legislation of the implementation of peace agreements in the period between the termination of armed conflict and rebuilding a just and sustainable peace in the country when the armed conflict was undergoing. The implementation process is extremely complex and fragmented, which requires major efforts to ensure an effective and efficient outcome of the process. In a specific section we are focusing on case studies of implementation processes (i.e. solution of legal relations between Sudan and South Sudan). The concept of jus post bellum, which seeks to build on the law of armed conflict, is used for the legislation of the implementation in the doctrine of international law. In addition to jus post bellum we will mention also new approaches to international mediation, Responsibility to Protect, Transitional Justice and lex pacificatoria. As results of the work are findings that the peace agreement, excluding...
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The Status of Palestinian Refugees and Their Right to Return in International Law
Hanko, Jitka ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Jílek, Dalibor (referee)
The situation of Palestinian refugees is one of the most burning issues related to the Arab-Israeli conflict. Its solution is at the same time one of the key conditions for the settlement of this conflict, whose beginning may be traced back already in connection with the first alija - the first wave of Jewish immigration after the anti - Semitic pogroms in 1881. The importance of this problem is confirmed e.g. by the text of the Resolution 242 (S/RES/242) of 1967, which considers the upright solution for Palestinian refugees as one of the prerequisites for lasting peace in the Middle East. This question has been subject of many peace negotiations between the representatives of the concerned states lately, which only illustrates the high international topicality of the given problem. The aim of the dissertation is to define the term Palestinian refugee in the historic, political and legal context and in this connection to determine the position of Palestinian refugees in international law as an initial point, which is followed by the international law analysis of their right to return. First part of the study therefore will try to make a systematic overview in the extent of the term Palestinian refugee. The second part of the dissertation analyses the right of return in the general level and then...
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