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Legal issues of the protection of biodiversity
Zicha, Jiří ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Stejskal, Vojtěch (referee)
Legal problems of biodiversity conservation, dissertation JUDr. Ji í Zicha, supervisor: prof. JUDr. Milan Damohorský, DrSc. Charles University, Faculty of Law, Department of Environemntal Law Prague, September 2010 The aim of the dissertation is to confront legal and institutional framework of conservation of biodiversity with its biological principles and most serious current threats, and assess to which extend are these systems and phenomenons in conformity and where eventually exist gaps and shortages. As a method of this confrontation was chosen an overview and analysis of relevant sources of law and other related information in the context of each level of biodiversity, and further in the context of several substantive and legal connections. With respect to characteristics of biodiversity which, similarly as other components of environment, does not respect borders created artificially by man, international law of global and regional scope plays a crucial role. It is valid almost without any reservation for nearly homogenous marine environment, in case of terrestrial environment some physical and geographical framgmentation can be observed and the role of particular state with its internal legal regime is more important. Individual issues are therefore primarily discussed from the point of...
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Abuse of dominant position in EC Law and US Law
Funta, Rastislav ; Svoboda, Pavel (advisor) ; Smolek, Martin (referee) ; Tichý, Luboš (referee)
Competition/antitrust law rules are neccessarry for optimal functioning of the common market with its four fundamental freedoms (free movement of goods, capital, services and persons). Competition as a contention for superiority in the market place and antitrust as a study of competition mean more or less the same. Because markets are increasingly becoming multinational, lawyers and lawmakers can no longer content themselves with understanding only the antitrust/competition law of their nation. This study will discuss the most relevant issues of competition law (abuse of dominant position) in the European Union in comparison to the US American antitrust law: abuse of dominant position, how should the competition/antitrust law act by the abuse of dominant position by companies with a major market share as well as with the concentration appraisal which is one of the fundamental basis for the abuse in general. Throughout the different chapters it refers to several similarities and differences between the EU and U.S. systems. Substantial sub-part of the dissertation is the sanctions solution which are laid down by abuse of competition-legal rules as well as the development of the abuse of dominant position/competition law perspective. The aim of the competition legal regulation is not only the protection and...
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Access to Justice in Environmental Matters
Bernard, Michal ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Sobotka, Michal (referee)
The aim of this work on Access to Justice in Environmental Matters is to describe possibilities of access of natural and legal persons to the judicial protection of the environment in the Czech Republic. Judicial protection is an important element of ensuring the right to favourable environment. To ensure effective environmental protection and the rights of individuals to the favourable environment, it is necessary to ensure the widest possible access of natural and legal persons to public authorities and courts claiming the illegality of decisions, acts and omissions of public authorities or third parties. Broad judicial protection of the right to favourable environment is necessary and indispensable part of democratic system and a prerequisite for the functioning of basic human rights in practice. This work must first address the question of substantive legal right to favourable environment -its content and range of entities to which this fundamental constitutional right belongs. Right to favourable environment means the right to an environment which is polluted below given limit. Thus, on environmental polluted and stressed as a consequences of human activities, including the introduction of physical, chemical or biological agents emissions and agents in extent to which the legal regulations on...
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