|
|
Obligations erga omnes as a basis of legal standing in international law
Mais, Jan ; Lipovský, Milan (advisor) ; Bílková, Veronika (referee)
Obligations Erga Omnes as a Basis of Legal Standing in International Law ABSTRACT Obligations erga omnes represent the norms protecting the most fundamental interests in international law. Despite their longstanding presence, some aspects of these obligations remain unclear. The thesis aims to determine whether it is possible to enforce these norms by invoking responsibility for their breach before international courts and tribunals, specifically before the International Court of Justice (ICJ). The primary objective is to determine whether obligations erga omnes and their treaty counterparts, obligations erga omnes partes, effectively establish legal standing in ICJ proceedings. To achieve this aim, the thesis comprehensively examines the emergence of obligations erga omnes, their relationship with jus cogens, and their role in safeguarding community interests in order to situate the studied notion in the framework of law of international responsibility. By analysing the ICJ's case law, Judge opinions, the work of the International Law Commission, and prominent scholarly contributions, the study investigates how States' interest in protecting obligations erga omnes (partes) translates into the ability to invoke responsibility for their breaches through judicial proceedings. The analysis reveals that...
|
|
|
The International Court of Justice and its jurisdiction in contentious cases
Šindelková, Soňa ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee) ; Caban, Pavel (referee)
1 The International Court of Justice and its jurisdiction in contentious cases Abstract This doctoral thesis deals with jurisdiction of the International Court of Justice (hereinafter the " ICJ"") in contentious cases (or, in other words, its contentious jurisdiction). The ICJ works in the environment of international community in which the principle par in parem non habet imperium applies. Consequently, the ICJ's contentious jurisdiction is based on the consent of States parties to a dispute (principle of consent). The key questions dealt with in this thesis are the following ones. How does the law, practice of States and, in particular, jurisprudence of the ICJ cope with the specific features of the horizontal system of international law? Who can appear before the ICJ, and under what circumstances? More specifically, how does the ICJ adjudicate on its competence? What are the origins of the delimitation of the ICJ's jurisdiction and how has it evolved since hundred years ago? The contentious jurisdiction of the ICJ, the most important international court, is a legal concept of crucial importance. It originates and operates within certain frameworks such as historical, systemic and procedural. Its historical background and development are of particular relevance here. The mechanism was designed in 1921 and...
|
|
|
Jurisdiction over international crimes and the Rohingya case
Malina, Václav ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Jurisdiction over international crimes and the Rohingya case Abstract This thesis discusses the situation of the Rohingya minority in Myanmar in relation to two court cases that have been initiated in recent years before the International Criminal Court and the International Court of Justice. The thesis examines whether the elements of the crime of genocide and selected crimes against humanity, i.e. crimes of deportation, persecution and other inhumane acts, have been fulfilled. After summarizing the historical development of modern Myanmar and the position of the Rohingya in Myanmar society, the thesis identifies the individual elements of the selected crimes under international law, which were chosen for the thesis based on the aforementioned ongoing proceedings. Furthermore, the author evaluates the previous decisions of the two judicial institutions and comments upon them on the basis of secondary literature. The question of state responsibility for breaches of obligations under international law and the position of victims in international criminal proceedings are also approached in relation to the Rohingya cases. In the final chapter of the thesis, the author not only assesses the chances of success for both prosecutors and victims, but also looks for the relevance of international (criminal) law in...
|
|
|
South China Sea: Issues of Chinese U-shaped line
Hofmanová, Lucie ; Romancov, Michael (advisor) ; Karmazin, Aleš (referee)
The bachelor thesis "South China Sea: Issues of Chinese U-shaped line "focuses on a Chinese line called the U-shaped line in the South China Sea. The main task of this thesis is to present the differences in understanding of legal issues between the Chinese academics and their foreign colleagues regarding the U-shaped line, the claims of each state in the South China Sea and their distinction from Chinese claims and the consistency of the U-shaped line with international law. For a comprehensive understanding of the presented issues the first part of work concentrates on historical development of this line and the significance of the South China Sea. Legal concepts and treaties relating to the conflict are explained as well. It involves international law, international maritime law, Note verbale, Declaration on the South China Sea, Treaty of Amity and Cooperation in Southeast Asia, Island of Palmas case and International Court of Justice. The stress is put on the legal aspects and development of this line.
|
|
|
Preliminary measures in international procedural law
Černá, Pavlína ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The title of this diploma thesis is "Provisional Measure in International Procedural Law". The purpose of provisional measures is a preservation of the rights of each party pending the settlement of the dispute which means pending the definitive decision in the case. It helps to protect the object of the litigation and to maintain in its state as it existed on the initiation of the proceedings. Furthermore, the function is a preservation of the integrity of the final judgment and the prevention of violent self-help. I chose the issue of provisional measures as a topic of my diploma thesis because it is an essential instrument to enable any international court or tribunal to perform its functions. The aim of the thesis is to analyze law containing provisions relating to order of provisional measures and practice of particular international courts and tribunals. The diploma thesis is divided into five chapters. First chapter defines provisional measure and explains its using in International Procedural Law. Second chapter focuses on the exercise of provisional measures in international arbitration especially in respect to proceedings before the International Centre for Settlement of Investment Disputes. On the other hand, third part deals with proceeding concerning provisional measures before two...
|
|
|
South China Sea: Issues of Chinese U-shaped line
Hofmanová, Lucie ; Romancov, Michael (advisor) ; Karmazin, Aleš (referee)
The bachelor thesis "South China Sea: Issues of Chinese U-shaped line "focuses on a Chinese line called the U-shaped line in the South China Sea. The main task of this thesis is to present the differences in understanding of legal issues between the Chinese academics and their foreign colleagues regarding the U-shaped line, the claims of each state in the South China Sea and their distinction from Chinese claims and the consistency of the U-shaped line with international law. For a comprehensive understanding of the presented issues the first part of work concentrates on historical development of this line and the significance of the South China Sea. Legal concepts and treaties relating to the conflict are explained as well. It involves international law, international maritime law, Note verbale, Declaration on the South China Sea, Treaty of Amity and Cooperation in Southeast Asia, Island of Palmas case and International Court of Justice. The stress is put on the legal aspects and development of this line.
|
|
|
The Status of Palestinian Refugees and Their Right to Return in International Law
Hanko, Jitka ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Jílek, Dalibor (referee)
The situation of Palestinian refugees is one of the most burning issues related to the Arab-Israeli conflict. Its solution is at the same time one of the key conditions for the settlement of this conflict, whose beginning may be traced back already in connection with the first alija - the first wave of Jewish immigration after the anti - Semitic pogroms in 1881. The importance of this problem is confirmed e.g. by the text of the Resolution 242 (S/RES/242) of 1967, which considers the upright solution for Palestinian refugees as one of the prerequisites for lasting peace in the Middle East. This question has been subject of many peace negotiations between the representatives of the concerned states lately, which only illustrates the high international topicality of the given problem. The aim of the dissertation is to define the term Palestinian refugee in the historic, political and legal context and in this connection to determine the position of Palestinian refugees in international law as an initial point, which is followed by the international law analysis of their right to return. First part of the study therefore will try to make a systematic overview in the extent of the term Palestinian refugee. The second part of the dissertation analyses the right of return in the general level and then...
|
|
|
Preliminary measures in international procedural law
Černá, Pavlína ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
The title of this diploma thesis is "Provisional Measure in International Procedural Law". The purpose of provisional measures is a preservation of the rights of each party pending the settlement of the dispute which means pending the definitive decision in the case. It helps to protect the object of the litigation and to maintain in its state as it existed on the initiation of the proceedings. Furthermore, the function is a preservation of the integrity of the final judgment and the prevention of violent self-help. I chose the issue of provisional measures as a topic of my diploma thesis because it is an essential instrument to enable any international court or tribunal to perform its functions. The aim of the thesis is to analyze law containing provisions relating to order of provisional measures and practice of particular international courts and tribunals. The diploma thesis is divided into five chapters. First chapter defines provisional measure and explains its using in International Procedural Law. Second chapter focuses on the exercise of provisional measures in international arbitration especially in respect to proceedings before the International Centre for Settlement of Investment Disputes. On the other hand, third part deals with proceeding concerning provisional measures before two...
|
|
|
The legal aspects of Kosovo's unilateral declaration of independence
Pecháček, Jakub ; Grmelová, Nicole (advisor) ; Neubauer, Jindřich (referee)
This thesis focuses on the legal aspects of Kosovo's unilateral declaration of independence. At first I describe the historical and political development in this region. Further follows the explanation of the instruments of international law, such as the definition of a state, the unilateral acts of states and the role of the International Court of Justice. As conclusion I descirbe the role of this instruments on the example of Kosovo and evaluate the impact of the Kosovo indendence on the legal sphere.
|
guest ::
