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Data Boxes in E-government of the Czech Republic
Fančovič, Tomáš ; Vojtíšková, Jarmila (referee) ; Smejkal, Vladimír (advisor)
The content of this work is the analysis and explanation of the data box in the e-government of the Czech Republic. The thesis will be dealt with the processing of implementation and using of data boxes in the state and local governments, specifically their using at the Municipal office in Chrudim. The result of the work will be suggestions and recommendations for more effective using of data boxes at the Municipal Office of Chrudim.
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International investment arbitraion in selected EU Member States
Kiselyová, Miriama ; Šturma, Pavel (advisor) ; Chovancová, Katarína (referee) ; Balaš, Vladimír (referee)
International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Lipovský, Milan (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Damages in Investment Disputes
Stanek, Michal ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
I Summary Master's thesis "Damages in Investment Disputes" concentrates on some of the current and controversial questions in this field. The aim of the thesis is to set light to the system of investment disputes and to elaborate on burning questions that arise within its scope. This concerns namely questions about its status under international law as such, but also questions connected to the nature of investment disputes which concern one private party and one sovereign party. Moreover, the aim of this thesis is to present an overview of the law of damages that forms the key remedy sought by investors. This concerns questions about the forms of remedies available as well as limitation of the amount of damages due to legal or factual reasons. It deliberately leaves out discussion on methods of calculation of damages as this discussion, even though important for assessment of final amount of damages for a particular investor, is not essential for the functioning of the system of international foreign investment law. In the first part (Chapters 1 - 4), this thesis concerns itself with the functioning of the system of investment disputes and analyses its historical as well as current context. After setting the system into its context, it presents (shortened) analysis of the nature of this dispute settlement...
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee) ; Chovancová, Katarína (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Transatlantic Trade and Investment Partnership (TTIP)
Rott, Michael ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) In the field of international law, the negotiated agreement between the EU and the US - TTIP - is a major source of law. In addition, its intended scope should encompass the provisions on investment protection. However, during the course of the bilateral negotiations, there was a leak of information which revealed that the agreement should include provisions of the dispute settlement mechanism that do not differ in its substantial aspects from those which are and have been incorporated into bilateral investment agreements between States. Therefore, in the process of investment disputes initiated under the TTIP agreement, the major influence would have had the provisions of international conventions which set out the rules for the functioning of the International Investment Tribunals - the Convention of the International Centre for the Settlement of Investment Disputes and the Arbitration Rules of the United Nations Commission on International Trade Law. However, given that both the general public and professional circles have long expressed concerns that question the very legitimacy of the international investment arbitration, this fact have been accepted with great disrespect. This was particularly, because of the previous practice of decision-making in the investment disputes, which...
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Investment Protection in the European Union
Olík, Miloš ; Pauknerová, Monika (advisor) ; Feigerlová, Monika (referee) ; Ondřej, Jan (referee)
1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a...
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Damages in Investment Disputes
Stanek, Michal ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
I Summary Master's thesis "Damages in Investment Disputes" concentrates on some of the current and controversial questions in this field. The aim of the thesis is to set light to the system of investment disputes and to elaborate on burning questions that arise within its scope. This concerns namely questions about its status under international law as such, but also questions connected to the nature of investment disputes which concern one private party and one sovereign party. Moreover, the aim of this thesis is to present an overview of the law of damages that forms the key remedy sought by investors. This concerns questions about the forms of remedies available as well as limitation of the amount of damages due to legal or factual reasons. It deliberately leaves out discussion on methods of calculation of damages as this discussion, even though important for assessment of final amount of damages for a particular investor, is not essential for the functioning of the system of international foreign investment law. In the first part (Chapters 1 - 4), this thesis concerns itself with the functioning of the system of investment disputes and analyses its historical as well as current context. After setting the system into its context, it presents (shortened) analysis of the nature of this dispute settlement...
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Denial of Benefits and Article 17 of the Energy Charter Treaty
Kunstýř, Jan ; Balaš, Vladimír (advisor) ; Beránek, Milan (referee)
The so called "Denial of Benefits" clause (DOB) gives the respondent state an opportunity to exclude third parties to the investment protection treaties from enjoying the benefits of the treaty without assuming reciprocal obligations. No less than seventy-three investor-state disputes have been brought to arbitration under the ECT since its entry into force back in 1998. The DOB clause in ECT, Art. 17 has never been successfully invoked. States have tried to exercise their right in at least ten cases without success. This paper poses two research questions. First, what are the distinguishing features of Art. 17 of the ECT that make it function differently from other DOB clauses? Second, given the arbitral decisions, can the Art. 17 of the ECT be effectively invoked by respondent states? The paper is divided into five chapters. The first chapter introduces the topic of DOB clauses and the purpose of this paper. The second chapter is theoretical and addresses the topic of DOB clauses in general and further outlines their past, present and future. The third chapter focuses specifically on the Art. 17 of the ECT it examines the ECT arbitral awards and decisions that touched upon the clause. Chapter four aims to show the procedural issues of DOB clauses from the perspective of respondent states, it...
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Data Boxes in E-government of the Czech Republic
Fančovič, Tomáš ; Vojtíšková, Jarmila (referee) ; Smejkal, Vladimír (advisor)
The content of this work is the analysis and explanation of the data box in the e-government of the Czech Republic. The thesis will be dealt with the processing of implementation and using of data boxes in the state and local governments, specifically their using at the Municipal office in Chrudim. The result of the work will be suggestions and recommendations for more effective using of data boxes at the Municipal Office of Chrudim.
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