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Legal regulation of islands and artificial islands from perspective of international maritime law
Janata, Marek ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
1 Legal regulation of islands and artificial islands from perspective of international maritime law Abstract This master thesis deals with the historical development of the natural and artificial islands and their anchoring in the current legislation. Other parts of the work are devoted to the typological division of artificial islands according to their possible use and outlining the possibilities of states to build artificial islands in marine zones. Since the adoption of the Convention on the Law of the Sea in 1982, there has been no significant codification or international conference on the subject. The only substantial dispute in the last decade over artificial island issues has been arbitration in the South China Sea dispute. The first part of the diploma thesis illustrates the historical development of the legal regulation of the law of the sea from the 15th century to the present. In the 20th century, attention was paid mainly to prevailing opinions and proposals concerning the legal definition of artificial and natural islands. The most important conferences of the 20th century on the topic of islands were the Hague Conference in 1930, the First Conference on the Law of the Sea in 1958 and the Third Conference on the Law of the Sea in 1982. The second part focuses on the legal regulation of...
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Applicability of Systemic Approach to the Analysis of Geostrategic Importance of a Transborder Region: the Arctic Case
Valková, Irena ; Romancov, Michael (advisor) ; Ženka, Jan (referee) ; Landovský, Jakub (referee)
The purpose of this dissertation is to demonstrate a new empirical and systemic geopolitical approach to the study of the ongoing territorial dispute in the Arctic resulting from the desire of two nation states, Denmark and Russia, to extend their own northernmost limits of the Exclusive Economic Zone to the central part of the Arctic Ocean. This approach combines geographic, legal and political analytical perspectives with quantitative research design to produce an inter-disciplinary study. Empirical evidence on the long-term socio-geographic development in the region (1993-2013) is provided together with information on particular territorial gains and losses for all decision-makers that arise in a number of potential scenarios (options). Variation in each decision-maker's aggregate national socio-geographic resource, as implied by particular territorial modifications in the central part of the Arctic Ocean, serves as a basis for derivation of nontrivial payoffs on each option in the dispute. These payoffs are introduced into a three-player graph model for conflict resolution (Denmark, Russia, and the World) and stable dispute solutions are suggested on the basis of different combinations of decision-makers' strategies, whose optimality is evaluated as well. Finally, alternative scenarios of...
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Legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic
Pospíšil, Vojtěch ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
This master's thesis deals with the topic of legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic. It is still a relatively new area of human interest. In the brief introduction, author suggests relevance of this topic and its attractiveness in the future. In the second chapter author describes historical development of the law of the sea, in which the legal regime of the seabed gets special attention. Author points out, especially, differences in historical development of the sea and the seabed. Next chapter deals with relevant sources of law. That goes with enumeration of the basic international treaties. Author also suggests the possibility of origin of international customary law. Author pays attention to case law and soft law of the Authority as international organization. Next chapter describes the structure of the Authority, activities in the Area, dispute resolution mechanisms and individual resources in the Area. Separate chapter is dedicated to prospecting, exploration and exploitation. Special attention is paid towards adaptation of these activities in regulations of the Authority and a future draft of mining regulation. Sixth chapter shows involvement of the Czech Republic in the whole system, which is significant considering the size...
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The Importance of the Arctic in International Relations
Kopečná, Anna ; Bečka, Jan (advisor) ; Šír, Jan (referee)
In recent years several factors changed the importance of the Arctic in international relations. Firstly, the rapid melting of Arctic ice cover opened potential access to vast natural resources within the Arctic Ocean seabed. It is estimated that the Arctic may contain one quarter of world's undiscovered reserves of oil and gas. Secondly, the water ways along the Russian and Canadian northern coasts became ice-free, although so far just for few days every year. Should the Arctic Ocean continue to melt, then in several decades the Northern Sea Route and the Northwest Passage could become navigable for greater part of the year. This would shorten the journey distance from Europe to Asia by as much as forty percent, thereby cutting travel times and shipping costs. Finally, as the Arctic does not belong to any single country, there has been an increasing interest among the Arctic rim states, which have been working on delineating their maritime boundaries in order to ensure their territorial claims. This process has proceeded in accordance with the international legal framework as established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Coastal states are entitled to a 200-nautical mile exclusive economic zone (EEZ) around their coastline. However, should they be able to prove...
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FONOPs - Freedom of Navigation Operations in the South China Sea as a tool of the US in maintaining freedom of navigation
Vojtuš, Michal ; Hornát, Jan (advisor) ; Bečka, Jan (referee)
This thesis analyses the American policy of sustaining freedom of navigation on the seas through its Freedom of Navigation Program (FON Program). It analyses Freedom of Navigation Operations (FONOPs) as a means of maintain the current system of the law of the sea as put forth by the United Nations Convention on the Law of the Sea. (UNCLOS) The thesis deals with law of the sea history, it also describes and analyses the Convention itself. Another topic discussed is the unique position of United States as a power guaranteeing the current regime of the seas, while staying out of the provision of UNCLOS. The thesis analyses the American debate about joining the Convention and analyses the consequences of American absence as a party to the treaty. The FON Program and FONOPs in the South China Sea are thoroughly analysed by the thesis. The South China Sea is a troubled region suffering from excessive maritime claims of local states. These claims are closely connected to the militarization of the region. The People's Republic of China is an important force as a rising power striving for the position of a regional hegemon. The thesis describes, how FONOPs are conducted and it observes, how they are received by the target states. The thesis is set in the South China Sea region between October 2015 and May...
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Legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic
Pospíšil, Vojtěch ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
This master's thesis deals with the topic of legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic. It is still a relatively new area of human interest. In the brief introduction, author suggests relevance of this topic and its attractiveness in the future. In the second chapter author describes historical development of the law of the sea, in which the legal regime of the seabed gets special attention. Author points out, especially, differences in historical development of the sea and the seabed. Next chapter deals with relevant sources of law. That goes with enumeration of the basic international treaties. Author also suggests the possibility of origin of international customary law. Author pays attention to case law and soft law of the Authority as international organization. Next chapter describes the structure of the Authority, activities in the Area, dispute resolution mechanisms and individual resources in the Area. Separate chapter is dedicated to prospecting, exploration and exploitation. Special attention is paid towards adaptation of these activities in regulations of the Authority and a future draft of mining regulation. Sixth chapter shows involvement of the Czech Republic in the whole system, which is significant considering the size...
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Applicability of Systemic Approach to the Analysis of Geostrategic Importance of a Transborder Region: the Arctic Case
Valková, Irena ; Romancov, Michael (advisor) ; Ženka, Jan (referee) ; Landovský, Jakub (referee)
The purpose of this dissertation is to demonstrate a new empirical and systemic geopolitical approach to the study of the ongoing territorial dispute in the Arctic resulting from the desire of two nation states, Denmark and Russia, to extend their own northernmost limits of the Exclusive Economic Zone to the central part of the Arctic Ocean. This approach combines geographic, legal and political analytical perspectives with quantitative research design to produce an inter-disciplinary study. Empirical evidence on the long-term socio-geographic development in the region (1993-2013) is provided together with information on particular territorial gains and losses for all decision-makers that arise in a number of potential scenarios (options). Variation in each decision-maker's aggregate national socio-geographic resource, as implied by particular territorial modifications in the central part of the Arctic Ocean, serves as a basis for derivation of nontrivial payoffs on each option in the dispute. These payoffs are introduced into a three-player graph model for conflict resolution (Denmark, Russia, and the World) and stable dispute solutions are suggested on the basis of different combinations of decision-makers' strategies, whose optimality is evaluated as well. Finally, alternative scenarios of...
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Applicability of Systemic Approach to the Analysis of Geostrategic Importance of a Transborder Region: the Arctic Case
Valková, Irena ; Romancov, Michael (advisor) ; Ženka, Jan (referee) ; Landovský, Jakub (referee)
The purpose of this dissertation is to demonstrate a new empirical and systemic geopolitical approach to the study of the ongoing territorial dispute in the Arctic resulting from the desire of two nation states, Denmark and Russia, to extend their own northernmost limits of the Exclusive Economic Zone to the central part of the Arctic Ocean. This approach combines geographic, legal and political analytical perspectives with quantitative research design to produce an inter-disciplinary study. Empirical evidence on the long-term socio-geographic development in the region (1993-2013) is provided together with information on particular territorial gains and losses for all decision-makers that arise in a number of potential scenarios (options). Variation in each decision-maker's aggregate national socio-geographic resource, as implied by particular territorial modifications in the central part of the Arctic Ocean, serves as a basis for derivation of nontrivial payoffs on each option in the dispute. These payoffs are introduced into a three-player graph model for conflict resolution (Denmark, Russia, and the World) and stable dispute solutions are suggested on the basis of different combinations of decision-makers' strategies, whose optimality is evaluated as well. Finally, alternative scenarios of...
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Legal protection of the sea against pollution
Topinková, Markéta ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
Legal protection of the sea against pollution Mgr. Ing. Markéta Topinková LL.M. Sources and risk factors of marine pollution, such as sea transport and other human activities on seabed and land, are analysed in this thesis, followed by a thorough exploration of instruments and resources available to fight each source and risk factor of pollution. The thesis is focused on critical evaluation and potential improvements of existing legal instruments and desirable introduction of new instruments. The origin and development of the existing most important legal instruments is assessed, they are further compared and their contributions as well as shortcomings are analysed and suggestions offered for their further improvement, while appraising their gradual development and improvement of their efficiency and enforcement especially in the past decades. Following the analysis and comparison of international conventions, EU law and US national law, the approach of the Czech Republic as an inland state towards problem of marine pollution is also critically assessed and its national legislation evaluated. Powered by TCPDF (www.tcpdf.org)
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Interests of the United States and Canada in the Artic
Vargová, Žaneta ; Bečka, Jan (advisor) ; Šír, Jan (referee)
The Northwest Passage is a potentially navigable seaway in the Arctic that is delimited by the Beaufort Sea in the west and the Buffin Bay in the east. As the Arctic ice cap melts further each year, the Passage may become navigable in the medium term. This brings to light many important questions and problems closely linked to the Passage's legal status. This thesis first maps the different reasons to deal with the problem and focuses on Canada as the state to be potentially most affected by the Passage's use. Canada takes the view, that the Northwest Passage are internal waters and the U.S. and the EU, that it is an international strait. The work probes the approaches to determine the status in compliance with the international law as they were claimed chronologically. However, the work stipulates the legal solution is not the only one imaginable and can even be potentially harmful to Canada. Therefore, the next part of the thesis deals with mapping them. A political solution on the international level is offered arguing that cooperation should be established in the region to safely and peacefully use the potentially navigable Passage. The last way to solve the situation lies in national policies as Canada has historically dealt with the issue internally several times. Some of its efforts have also been...
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