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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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Protection of the environment and the right of ownership
Nocar, Michal ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
This thesis deals with the relationship between environmental protection and ownership rights. The thesis describes the concept of the environment in the Czech constitutional law. Furthermore, it concerns with international legal and constitutional enshrining of property rights and the right to a favorable environment in terms of constitutional case law. Then in the third part followed by the regulation of restriction of ownership rights, the legal conditions under which is expropriation possible and editing voluntary contractual ownership restrictions in order to protect the environment. The focus of the work, in the fourth part, is dealing with the legal regulation in current legislation, an effort to capture the most significant limitation of property rights from the perspective of the owner of the individual parts of the environment, as well as the analysis of selected provisions of environmental law. Finally, this thesis is the formulation of the specific locations of the main conflicts between the protection of the ownership rights and the general interest in environmental protection. A general effect of environmental awareness throughout the company is to decide which of these interests, whether environmental protection or the protection of property rights, in the particular case outweighs...
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