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Legal aspects of waste hierarchy
Dosoudil, Kryštof ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The purpose of my thesis is to analyse the conditions adjusted in main conceptions and in the legislation of waste management for accomplishing the goals of waste hierarchy. I point out some of the weaknesses of the waste hierarchy itself and the relevant legislation as well. The emphasis is on some aspects of different means of recovery of waste which is the priority in terms of waste management nowadays. I describe the differences between the individual ways of waste management and at the same time I describe the links throughout the whole waste hierarchy. Within partial summaries and especially in the conclusion I attempt to outline the ideal regulation on the waste management in The Czech Republic for next short and long term period so it matches the requirements of EU legislation.
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Czech Nuclear Law
Nosek, Tomáš ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This thesis goes into the czech nuclear law, i.e. the set of legal norms adjusting the terms of use of ionizing radiation and nuclear energy in order to ensure the protection of citizens, workers, property and environment against ill-effects of irradiation. The thesis has two main objectives. The first one is to provide a systematic insight into the corresponding existing czech legislation and its structure. To that end, the object and the subject matter of the nuclear law including the legal and real substance of its basic terms are analyzed. Furthermore, the text concerns itself with the international and european enactment, i.e. international treaties effective in the Czech Republic, organizations, in which the Czech Republic participates, Euratom and its secondary law. The role, recent importance and also original intent of organizations and treaties are emphasized. It is followed by the analysis of the existing municipal law of the Czech Republic, which is mainly inherent in the nuclear act and subsequent implementing legislation. The principles of nuclear law, framework of administration and competence of state agencies or other public institutions, character of activities within the use of ionizing radiation and nuclear energy and liability for nuclear damage are discussed. The second objective is to...
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Climate protection from the legal point of view (selected legal issues of climate protection in Indonesia)
Loudová, Sandra Sophia ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This diploma thesis aims to illuminate the issue of global climate change, its progression and describes the components of the climate system. The thesis addresses the impact of greenhouse gases on the climate system, the phenomenon of global warming, and the consequences along with their manifestations in the nature itself. The paper includes one chapter solely dedicated to the characterisation of environmental protection in historical context, with emphasis on the climate protection. The chapter also mentions a number of key international agreements and conferences. The second part of the thesis is concerned with the Indonesian legislation on climate protection in Indonesia. It also describes the global-scale impacts of selected activities and mentions number of international agreements and Indonesian regulation seeking to tackle the issue of climate change.
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The role of the Constitutional Court in the environmental protection.
Domesová, Simona ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This thesis aims to find out what the role of the Constitutional Court of the Czech Republic in environmental protection is. It should be found out through analysis of the case-law in this field. At first it follows up the characteristics and history of the Constitutional Court of the Czech Republic. It continues by talking about sources of environmental law and the most important chapter contains analysis of the cases. The thesis discusses the right to the favorable environment, the right to environmental information, the EIA procedure, the Aarhus Convention and the collision of the right to a favorable environment with other rights and freedoms as the most important topics. The thesis showed that the Constitutional Court ruled several times during his practice significantly in favor of the environment. But the less positive conclusion of the thesis is that Czech Republic law does not fully comply with the Aarhus Convention despite it is our obligation. The Constitutional Court will surely deal with this topic again. And the praxes will show us whether we are able to move our legislation closer to public participation in the processess related to the environment. Powered by TCPDF (www.tcpdf.org)
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The Aarhus convention in the Case law of Court of Justice of European Union
Opočenský, Marek ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This thesis describes issues which occurring during the implementation of requirements of Aarhus convention. The Convention has unique character, as it combines the basic human rights with environmental rights. Since 2005 The European Union is signatory, which means that content of Convention is part of union law and falls within the jurisdiction of the Court of Justice of European Union. The first chapter deals with the particular elements of the Aarhus convention. In the chapter two are described the consequences of accession to the Convention for European Union and her member states. The core of this thesis consists of chapters, 3-5, which in sequence analyzes, through selected court decisions, the most complicated provisions from the perspective of implementation and suggest certain tendencies in decision-making of the Court of Justice of The European Union. Among the most obvious belong differential treatment and claims on European and domestic bodies in executing the rights guaranteed by Aarhus convention. The final chapter suggests the overlap to the Czech regulation, concretely alerts at changes in decision-making and the legislature, which are among others strongly inspired by judgments of the CJ EU.
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Water works related land
Heská, Zlatuše ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The thesis discusses the rights and responsibilities of landowners and water works, from the perspective of both public and private law. Defines land as an object of ownership, defines terms waterworks and focuses on the institutions of the interaction of land and water works. In detail discusses mode of buffer zones, land servitudes and obligations in relation to flood protection.
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The development of mining law
Brťková, Adéla ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the development of the mining law in the Czech Republic. The thesis follows the development from the prehistory until the currently upcoming legislation. In the thesis is further elaborated the present legislation of the mining law, with the emphasis on the interpretation of the basic terminology and institutes that are minerals, mineral deposit, extraction, explosives and more.
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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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Protection of Cetaceans in International Law
Milcová, Renata ; Sobotka, Michal (referee) ; Humlíčková, Petra (referee)
In four chapters that this thesis consists of is presented the protection provided to cetaceans by international law. The first chapter gives insight into the biology of cetaceans, names facts relevant to their conservation and its legal basis. The second chapter deals with legal regulation of whaling. It analyzes the history and current situation in the International Whaling Commission as the only global organization to manage the exploitation of large cetaceans, particularly in terms of adopting protective measures for the recovery and conservation of whale stocks. The third chapter focuses on the species approach in protection of cetaceans as endangered animals. The fourth chapter addresses the protection of cetaceans' environment. First it deals with the protection of marine environment in general and then with the protection of cetacean habitats.
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