|
|
State responsibility to prevent and control a pandemic
Mazánková, Zuzana ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
1 Abstract State responsibility to prevent and control a pandemic The submitted thesis explores state responsibility under public international law and how it relates to the obligation to prevent, protect against, control and provide a public health response to international spread of disease. Epidemics are hardly a new or unprecedented phenomenon, and the increased incidence of seasonal influenza strains and other viral respiratory infections are a recurring theme every year. However, the issue of state responsibility for international spread of infectious diseases came to the forefront lately due to the events at the beginning of 2020 when a global pandemic of the new coronavirus COVID- 19 appeared, causing over seven million deaths by October 2023 and significant economic losses. The virus was first identified in China, which reported the outbreak to the World Health Organization (WHO) at the end of 2019. Shortly after that, despite public health measures being implemented, the infection began to spread worldwide via international travel, and multiple reports emerged that China had had information about this infectious disease a month before reporting it and deliberately concealed it, which would constitute a violation of International Health Regulations. Given the damage incurred by states, businesses...
|
|
|
Responsibility of States for Unlawful Acts in Cyberspace
Hrdý, Pavel ; Lipovský, Milan (advisor) ; Ondřej, Jan (referee)
1 Responsibility of States for Unlawful Acts in Cyberspace Abstract This master's thesis addresses the topic of responsibility of state for the unlawful acts in cyberspace. The research subject is the application of the legal norms and the possibility of the state being held responsible in the field of collective security and human rights in cyberspace. It discusses mainly the question of use of force, armed attack, and aggression. Regarding the human rights, this master's thesis focuses on right to private life and family life, freedom of expression and right to life. This thesis delimitates the rules of responsibility of state under the Articles on Responsibility of State for Unlawful acts. In the chosen fields it was found that the international public law applies in limited manner also to cyberspace. In cyberspace, many attacks take place, which may result in breach in different fields of international law. To answer the question of the state responsibility, it was firstly dealt with, whether the subject-matter of this breaches can be reached in cyberspace. Following the analysis of the contemporary case law and state positions, it was argued, that the responsibility for the breach of prohibition of use of force may be applied in cyberspace. This thesis uses terms of armed attack and aggression and also...
|
|
|
International Terrorism and Challenges for International Law
Kobulská, Natália ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
English abstract International Terrorism and Challenges for International Law Rigorosum thesis is focused on the understanding of essential problems of interna- tional terrorism in context of international law. Main challenges include the adoption of universal definition of terrorism, the settlement of the legal status of terrorists and their rights and obligations mainly in relation to human rights. It is important to clarify the responsibility of the State for terrorism (State terrorism and attribution of his actions), in relation to the population, captured terrorists, and non-state actors. The latter pose several problems in reaction to terrorist crimes, such as the legality of the use of force against them including the right of self-defence or the use of drones for targeted killing. It is contentious whether it is possible to place terrorism under existing categories of in- ternational law or it constitutes a separate act which is necessary to regulate apart from valid international rules. Keywords: terrorism, human rights, targeted killing, right to self-defence, use of force, State responsibility, non-state actor, 9/11 terrorist attacks
|
|
|
Codification of the Rules of Diplomatic Protection
Špaček, Metod ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Šmíd, Marek (referee)
This thesis deals with one of the modern topics of international law - diplomatic protection. It provides for its comprehensive assessment from a wider and deeper perspective on the background of the codification process, which culminated in 2006, when the International Law Commission (ILC) adopted 19 Draft Articles on Diplomatic Protection. In the current state of international law, diplomatic protection is based on customary international law. It is an instrument to protect nationals (be it a natural or legal person) by their state of nationality, if they injured by another (host) state in violation of international law. Under the current definition, diplomatic protection means the invocation (through peaceful means) by a state of the responsibility of another state for an injury caused to a national by an internationally wrongful act of that another state. The aim of diplomatic protection is to implement this responsibility. The application and exercise of diplomatic protection is considered to be a sovereign, discretional right of the state, although the thesis points out the some recent developments in international law towards the need to recognize the rights and interests of the individual, as well as the constitutional practice of some states guaranteeing its citizens a (domestic) right to...
|
guest ::
