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The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine
Vetýšková, Eliška ; Ondřej, Jan (advisor) ; Tymofeyeva, Alla (referee)
1 The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine Abstract This thesis aims to examine the legality of the threat or use of nuclear weapons by applying sources of the international public law. This is achieved by means of using analytical and comparative methods. The key sources analysed in this thesis are general principles related to the law of international security, permissible use of force (ius ad bellum), and the principle of the law of armed conflicts (ius in bello). The main document opining on the legality of nuclear weapons is the "Advisory Opinion of the ICJ on the Legality of the Use of Nuclear Weapons". The legality of the threat or use of nuclear weapons is inextricably linked to the general prohibition of the use or threat of force against the territorial integrity and/or political independence of states, established in the UN Charter. Taking the UN Charter into consideration, the use and even the threat of use of nuclear weapons may potentially be considered as a violation of the public international law. From the in ius ad bellum perspective, there is no common rule that prohibits the use of nuclear weapons. The possibility of any such rule being established is directly eliminated by the principle of nuclear deterrence. From the ius in...
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The Legality of Unilateral Countermeasures in International Law
Velechovský, David ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The Legality of Unilateral Countermeasures in International Law Abstract The aim of this thesis is to examine the legality of unilateral countermeasures in international law. The term refers to measures adopted by a State in response to a wrongful act committed by another State in order to induce the wrongdoing State to comply with its obligations of cessation and / or reparation. Given the decentralized character of contemporary international law, countermeasures represent the effective mechanism of enforcement equally available (at least formally) to all States to seek the restoration of the legal relationship with the responsible State. Nevertheless, like other forms of self-help, countermeasures are liable to abuse, which is only aggravated by the controversial history of reprisals and factual inequalities between States. For this reason, countermeasures are lawful only if certain conditions are met. These conditions, nowadays codified in Draft Articles on Responsibility of States for Internationally Wrongful Acts, are the main subject of interest of this thesis, which is divided into four chapters. Chapter One deals with the concept of State responsibility and the enforcement of international law. Chapter Two is concerned with the role of countermeasures in international law, the International Law...
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Principle of the legality of taxation
Šmejkal, Viktor ; Bakeš, Milan (advisor)
The tax might be identifiable with a tax-law relationship or make it subject to such a relationship, i.e. it could be definable as a public obligation of a participant in the legal relationship, or might be able to both approaches. The starting point is the economic definition of taxe and precisely the functional definition used in economic theory and financial science, neatly summarized commonly available knowledge about the principles of tax, operand the analysis of the economic construction of the tax in terms of legal doctrine, by the structural elements of the tax, since the legal definition of tax lies on them. Contrary to what is commonly recognized, tax procedural rules in Czech Republic contain a general legal definition of tax. Refuted can be the view that this definition is merely a legislative abbreviation. After a relatively long exploration of the concept tax, forced by an insufficiency of theoretical knowledge on this subject, tax jurisdiction of the state is examined as the ability to impose taxes and at a same time the general requirement of legality on all levels of exercising that power of every sovereign state. KEY WORDS Tax - Legality - Tax principles - State - Tax sovereignty - Protection of property
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Legality of the intervention during Yemeni Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
LEGALITY OF THE INTERVENTION DURING YEMENI CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the Saudi Arabian-led intervention code-named operation Decisive Storm in Yemen during Yemeni civil war in 2015 was in accordance with the international law, precisely in accordance with the ius ad bellum. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-6, describes self-defence, armed actions of the Security Council under the chap. VII of the UN Charter, intervention by invitation, concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 7, contains a case study whose object is the beginning of the Yemeni civil war at the turn of the year 2014and 2015 between president Hadi forces supported by the Saudi Arabian-led coalition and the Houthi rebels. The chapter 7 contains a detailed summary of various political decisions, UN Security Council resolutions, battles and campaigns, including the operation Decisive Storm. The third part, chap. 8, is pointed on the question of legality of the intervention. Albeit the invitation by president Hadi, the legality of the intervention was questioned. This chapter contains an analysis of...
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Legality of the intervention during Libyan Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
LEGALITY OF THE INTERVENTION DURING LIBYAN CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the NATO intervention in Libya during Libyan civil war in 2011 was in accordance with the international law. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-5, describes self-defence and armed actions of the Security Council under the chap. VII of the UN Charter, which are legal and quite controversial concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 6, contains a case study whose object is the Libyan civil war in 2011 between col. Gaddafi's forces and the rebels supported by the NATO. The chapter 6 contains a detailed summary of various demonstrations, battles and campaigns, including the operation Unified Protector. The third part, chap. 7, is pointed on the question of legality of the NATO intervention. Albeit authorisation by the Resolution 1973, the legality of the intervention is questionable. The first air strikes, of 19 March, aimed on Libyan armed forces attacking Benghazi, can be classified as protection of civilians mentioned by the Resolution 1973. Following NATO air strikes supported the rebels in a...
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Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
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Andrej Vysinskij - a legal scholar of the Stalin era
Kraft, Valeria ; Maršálek, Pavel (advisor) ; Kühn, Zdeněk (referee)
Andrey Vishinsky - a legal scholar of the Stalin era Abstract The aim of the thesis is to examine the basic categories of the Marxism-Leninism theory of law from the point of view of Andrey Januaryevich Vishinsky. The thesis is composed of four chapters. Chapter One (named "Marxism, Russian revolution and Law") is based on the idea that it is not possible to understand the Soviet law without analysis of the relationship between Marxism and legal theory. Subchapter 1.1 gives a brief overview of Marx's school of thought. At the same time it points out the absence of the self-contained concept of law in writings of Marx and Engels. Chapter Two is devoted to the life of Andrey Vishinsky, his academic and scientific career. The following subchapters are subsequently mapping the individual stages of his life. It contradicts some of the untruths and myths surrounding Vishinsky. Chapter Three (named "Vishinsky's contribution to the basic categories of the Marxism-Leninism legal theory") is concentrating on the four fundamental concepts of legal thinking: Law, State, Legality and Justice. It points out that Vishinsky's approach to these categories was only purpose-built and dogmatic. Chapter Four deals with criticism which Andrey Vishinsky targeted against the theorists of "withering away of law and the state":...
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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International legal aspects of the use of no-pilot aircrafts in a modern armed conflict
Janák, Michal ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The thesis deals with the armed conflict phenomenon of past several years - unmanned aerial vehicles (UAV). Despite the fact that the present deployment of UAVs is often presented as a revolutionary, it is possible to track down the roots of remotely controlled planes without crew on board back to the years short after the Second World War. Today's versions of UAVs represent this historical concept brought to perfection thanks to the modern technologies. Their deployments raise legitimate considerations whether they may represent prohibited mean of warfare in terms of humanitarian law or whether their usage is not in contrary to law of armed conflict. This thesis aims to identify those differences between UAVs and traditional piloted aircrafts that may cause different legal classification of the UAVs to the traditional piloted aircrafts. First chapter includes short historical background which may bring interesting connections with political atmosphere after Second World War. It is also pointed out that the concept of unmanned aircrafts is not new. This chapter also includes technical facts and details about current modern UAVs like Predator, Reaper or Global Hawk which may serve for an easier legal analysis. Second chapter deals with the definitions and differences between two main types of armed...
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Characteristics of the facts of the criminal offence
Chudíková, Jana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the characteristic of the facts of the criminal offence according to the Criminal Code. The introduction deals with the concept of criminal law and it's main principles (legality and subsidiarity). It also covers the aspect of "social harmfulness". The main part of the thesis deals with the facts of the criminal offence and its classification. In the very end is the analysis of few criminal offences.
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