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European and Czech Atomic Law in the Context of Energetic Law and Environmental Law (Rennaissance or Declaine)
Klobouček, Eduard ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
European and Czech Atomic Law in the Context of Energetic Law and Enviornmental Law (Rennaissance or Declaine) Abstract This dissertation thesis deals with recent developments in atomic law in the Czech Republic, the European Union and in international field. In the Czech Republic, the new Act No. 263/2016 Coll., The Atomic Act, which became a public codex of atomic law, is a legislation that encompasses nuclear safety, radiation protection, radioactive waste management, shipments of nuclear materials and other radioactive sources, security of nuclear materials and nuclear facilities, radiation emergency management, radiation monitoring and non- proliferation of nuclear weapons. Atomic Act replaced the old Act No. 18/1997 Coll. in which only civil liability for nuclear damage remained in force. At European Union level, a serious development can be observed lately, when new directives have been adopted to regulate radioactive waste management, nuclear safety and radiation protection. Recently, the Convention on Supplementary Compensation for Nuclear Damage and the Annex to the Convention on the Physical Protection of Nuclear Material has entered into force internationally. The new Atomic Act attempted to respond to these European and international documents and to implement and transpose their demands into...
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Criminal Law Instruments of Environmental Protection
Fabšíková, Tereza ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
Criminal Law Instruments of Environmental Protection The dissertation deals with the possibilities of criminal law in relation to the protection of the environment. It presents the analysis of the most significant instruments of criminal law from the sphere of the international, European and Czech law, particularly the Rome Statute of the International Criminal Court, the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, and the Czech Criminal Code (Act No 40/2009 Coll.) Apart from the analysis of the most important legal norms and the subsequent formation of proposals de lege ferenda, the dissertation is concerned with the characteristics of environmental crime and the specifics of criminal law in environmental protection. The dissertation is divided into five chapters. The first chapter deals with the issue of the role of criminal law in environmental protection and the peculiarities of creation criminal rules in this area. The second chapter concentrates on the characteristics of environmental crime and the description of its specific features. The third chapter refers to the current state of the international criminal law and the possibilities of environmental protection through international criminal law...
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Legal regulation of climate protection following the adoption of the Paris Agreement
Balounová, Eva ; Stejskal, Vojtěch (advisor) ; Tomoszková, Veronika (referee) ; Průchová, Ivana (referee)
Legal regulation of climate protection following the adoption of the Paris Agreement Abstract The Paris Agreement was adopted on 12 December 2015 and became effective on 4 November 2016. The Agreement's central aim is to keep the increase in global average temperature well below 2žC above pre-industrial levels and to limit the increase to 1.5žC. The Agreement starts to apply in 2020. Under the Paris Agreement, each Party must communicate its nationally determined contributions, which will help to achieve the purpose of the Agreement. The aim of this thesis is to analyse the development of the legal protection of the Earth's climate system in the European Union after the adoption of the Paris Agreement. Part One is subdivided into four chapters. The first chapter is introductory and provides an overview of basic terminology, scientific knowledge and observed changes in climate and their impact. Chapter Two deals with the subject matter of international climate change law. Chapter Three deals with the legal sources of international law, in particular with international conventions. Legal principles are described there as well. Chapter Four looks at the historical development of the international protection of the climate. Also, it focuses on the analysis of the Paris Agreement. This chapter describes the...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Tomoszková, Veronika (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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European and Czech Atomic Law in the Context of Energetic Law and Environmental Law (Rennaissance or Declaine)
Klobouček, Eduard ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
European and Czech Atomic Law in the Context of Energetic Law and Enviornmental Law (Rennaissance or Declaine) Abstract This dissertation thesis deals with recent developments in atomic law in the Czech Republic, the European Union and in international field. In the Czech Republic, the new Act No. 263/2016 Coll., The Atomic Act, which became a public codex of atomic law, is a legislation that encompasses nuclear safety, radiation protection, radioactive waste management, shipments of nuclear materials and other radioactive sources, security of nuclear materials and nuclear facilities, radiation emergency management, radiation monitoring and non- proliferation of nuclear weapons. Atomic Act replaced the old Act No. 18/1997 Coll. in which only civil liability for nuclear damage remained in force. At European Union level, a serious development can be observed lately, when new directives have been adopted to regulate radioactive waste management, nuclear safety and radiation protection. Recently, the Convention on Supplementary Compensation for Nuclear Damage and the Annex to the Convention on the Physical Protection of Nuclear Material has entered into force internationally. The new Atomic Act attempted to respond to these European and international documents and to implement and transpose their demands into...
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Public interest in environmental Law
Horáček, Zdeněk ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee) ; Tomoszková, Veronika (referee)
OF THE DISSERTATION ON "PUBLIC INTEREST IN ENVIRONMENTAL LAW" Zdeněk Horáček, 2011 The dissertation examines public interest in environmental law. Due to the lack of professional resources dealing with the very concept of public interest, the dissertation offers its basic definition and relevant connections, but always in relation to the institutes of the environmental law. Interpretive and historical aspects of public interest are analyzed and basic definition features, classification and process of the formulation of public interest, including correction of the improper process, are established. The dissertation specifies public interest in environmental law as a legally defined value of environmental protection shared by whole society. Such a public interest is promoted in all the phases of evaluation and authorization of a project that may be harmful to the environment, in the extent always depending on the specific situation. The dissertation concludes that environmental protection is a worldwide shared value and public interest. In addition, public interest in environmental protection is a criterion for a decision making process carried out by public authorities, and the resulting public interest (adopted solution) depends on the specific circumstances of the situation.
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