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Climate Litigation
Baránková, Barbora ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Climate Litigation ABSTRACT The topic of this thesis is climate litigation, as an increasingly more popular tool used in attempts to hinder climate change. Climate litigation consists of a truly diverse group of cases submitted to a wide range of adjudicatory bodies. The objective of this thesis is to provide a definition and basic typology of climate cases, to analyse the requirements for their success and their impact on climate change policy. The thesis analyses climate cases from all over the world, as well as from the Czech republic. The thesis is divided into six chapters. The first chapter offers a brief information on the consensus regarding the urgency of climate change and an overview of the most significant instruments of climate protection in international law. The second chapter attempts to introduce a definition and a fundamental typology of climate litigation. The chapter further identifies the concepts of success and positive impact of climate litigation on climate change regulation. The focus is also on strategic litigation, which is becoming on of the most successful types of climate litigation. The third and fourth chapter analyse in detail the characteristics of international and national climate litigation. The author primarily observes the similarities and differences in the categories...
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Evolution of climate litigation in European context
Kavalírová, Julie ; Fabšíková, Tereza (advisor) ; Žákovská, Karolina (referee)
Evolution of climate litigation in European context, abstract This diploma thesis deals with the evolution of climate litigation in the European context. The aim of this paper is to describe and map the institute of climate litigation as a whole, to describe its types based on different standpoints and aspects and to describe the historical development of climate litigation in the world and in Europe. This paper further describes five leading cases of European climate litigation in detail. The cases of Urgenda Foundation v. The Netherlands, Neubauer v. Germany, Notre Affaire à Tous v. France, VZZ Klimaatzaak v. the Kingdom of Belgium, and the case of Milieudefensie v. Royal Dutch Shell PLC were thoughtfully chosen based on their connection and the impact they had on climate action in their respective countries. To finish, this thesis aims to find answers to several legal questions concerning climate litigation by comparing those described climate cases. The main methods used in this diploma thesis were the research of legal literature, case law of foreign courts and legal regulations. The conclusions of this paper were gained by analysis of information and subsequent use of different methods of interpretation. This diploma thesis is divided into an introduction and a conclusion and three main chapters, some...
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Judicial Protection of a Right to the Protection of Health and Favourable Environment with fous on the Region of Ostrava
Dziková, Kateřina ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Judicial Protection of a Right to the Protection of Health and Favourable Environment with focus on the Region of Ostrava Abstract This diploma thesis deals with legal means of legal protection of the right to the protection of health and favourable environment with focus on the Ostrava region. The aim of this work is to map out judicial means of protection and analyze whether these means are in accordance with their purpose of ensuring the protection of persons against interference with their rights and the public interest in protection of health and the environment. The main methods used in this diploma thesis were the research of legal literature, case law of Czech and foreign courts and legal regulations. Subsequent use of synthesis and the analysis of the acquired information and the use of linguistic, systematic, logical and theological interpretative methods led to the generalization of the main and partial conclusions. This diploma thesis is divided into an introduction and a conclusion and six main chapters, some of which are further divided into subchapters and individual points. The first chapter deals with on the constitutional basis of health protection and a favourable environment. The second chapter focuses on the current condition of the environment in the Ostrava region, its causes and...
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