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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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Interpretation of multilingual legal texts
Fatura, Martin ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis deals with the possibilities of interpretation of legal texts au- thentic in more than one language and attempts to analyze the approaches applicable as a possible solution of contradictions between various langu- age versions. The thesis is divided into five chapters. The first chapter is an intro- duction to the issue. There is just roughly outlined the reason for the exis- tence of multilingual legal texts and there is also defined the scope of the following chapters. The second chapter is dedicated to various methods of interpretation, distinct by legal doctrine. With regard to the topic of the thesis, the inter- pretive methods are divided into two groups with respect to the approach of finding the meaning of legal norms and the content of the regulation. The first section deals with methods based on the text of the legal norm. These are linguistic, logical and systematic method. The second section describes the methods based on the purpose and significance of the treatment. These are the teleological, the historical and the comparative method, as well as the modifications of the teleological method, used primarily in internati- onal law and law of European union. The way of choosing the primary interpretation method is described in the third section. The third chapter deals with the...
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President of the Czech Republic and International Treaties
Krčál, Adam ; Trávníčková, Zuzana (advisor) ; Zemanová, Štěpánka (referee)
The Diploma Thesis deals with the President of the Republic and his/her relation to the International Treaties, to the Negotiation, the Approval and the Ratification. The work contains both international and national perspective of the problem. The thesis is a reflection of the ongoing expert debate, to which extent has the President of the Republic the constitutional right of decision-making autonomy in the field of International Treaties of the Czech Republic. The thesis analyses the current legal situation and presents up-to-date juridical opinions together with arguments from the political science.
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