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Role of International Courts in Protecting the Environment
Káva, Adam ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
The thesis provides an analysis of the developments in international environmental law achieved through judicial activity of international courts from circa 2005 onwards. Analysed is the relevant practice of the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court for Human Rights, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. First chapter presents the general characteristics of their judicial activity in this area, while the subsequent chapters deal with each of the institutions, analysing the outcomes of their activity, particularly with regard to specifying obligations of states and the interpretation of human rights in connection with environmental protection, and the developments in the courts' handling of environmental cases. Attention is also given to possible setting up of a specialised international court for the environment.
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The Role of International Courts in Protecting the Environment
Valentová, Lenka ; Damohorský, Milan (referee) ; Žákovská, Karolina (referee)
The status of international courts in the area of environmental protection is gaining importance as well as the entire branch of international enviromental law, which is also demonstrated by the creation of many treaties and increasing number of entities solving the international environmental disputes. The right to a favorable environment in addition begins to be understood as a human right, which can be claimed at the international level. The courts handle disputes through judgements, but they also provide advisory opinions, impose provisional measures or obligations to cooperate with the other party, they often help to define legal principles. They contribute to the legal certainity and because of the persuasiveness of thein arguments, their jurisprudence acts similar to precedent. Although their decisions are usually not enforceable, the courts have such authority, that their decisions are respected without exception. The activities of international courts are irreplaceable and contributes to the development of environmental law. Powered by TCPDF (www.tcpdf.org)
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Role of international courts in environmental protection
Valentová, Lenka ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The status of international courts in the area of environmental protection is gaining importance as well as the entire branch of international enviromental law, which is also demonstrated by the creation of many treaties and increasing number of entities solving the international environmental disputes. The right to a favorable environment in addition begins to be understood as a human right, which can be claimed at the international level. The courts handle disputes through judgements, but they also provide advisory opinions, impose provisional measures or obligations to cooperate with the other party, they often help to define legal principles. They contribute to the legal certainity and because of the persuasiveness of thein arguments, their jurisprudence acts similar to precedent. Although their decisions are usually not enforceable, the courts have such authority, that their decisions are respected without exception. The activities of international courts are irreplaceable and contributes to the development of environmental law. Powered by TCPDF (www.tcpdf.org)
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African Court for Human and Peoples' Rights
Hanzlíčková, Lucie ; Trávníčková, Zuzana (advisor) ; Kochan, Jan (referee)
The thesis deals with a relatively new institution established by the African Union -- The African Court on Human and Peoples' Rights. The aim of the thesis is to describe the institution's functions and activities. The first chapter describes a long process of creation and approvement of the document establishing the Court, and shows why the set-up of the Court took such a long time. The second chapter focuses on areas which the newly established institution had to solve -- a seat, funding, judge elections, main principles or a relationship with the African Commission on Human and Peoples' Rights. The third chapter concludes with a description of the process of submitting and hearing complaints, the list of cases which the Court settled and the issue of individual submissions. The chapter also mentions the first case of the Court - Michelot Yogogombaye v. The Republic of Senegal.
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