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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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Guantánamo: have all international legal questions been answered?
Smržová, Sabina ; Trávníčková, Zuzana (advisor) ; Burešová, Jana (referee)
Through tragic events of September 11, 2001, the United States has adopted unprecedented measures regarding the treatment and detention of captured terrorists. The thesis deals with international legal questions associated with operation of detention centre Guantánamo Bay, Cuba. The main aim is to find out how have these questions been answered by examining academic writings and provisions of international law, in particular provisions of International humanitarian law and International human rights law. As a historical introduction, this thesis starts with a brief overview of the history of Guantánamo Bay. The second part focuses on four topics: the definition of conflict, status of detainees, indefinite detention and torture and enhanced interrogation techniques. Each of the topics is being viewed through the lenses of international law as well as US domestic law while describing the development of the problem and current situation.
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The right to information as a fundamental human right
Kolman, Jiří
When analysing free access to information of the EU institutions it is needed to clarify the fundamental theoretical question of law, if that law can be considered as a basic human right exercisable, inter alia, in international law application. Currently EU law oscillates between supranational approach and intergovernmental point of view using diplomacy rules (international law). Is there, in the case of the EU institutions, space for full access to information, as we are used to it in the case of the EU member states?
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The Work of the International Law Commission in 2013
Šturma, Pavel
The topics on the Agenda of the ILC in 2013: Subsequent agreements and subsequent practice in relation to the interpretation of treaties, Immunity of State officials from foreign criminal jurisdiction, Protection of persons in the event of disasters, Customary International Law, Provisional application of treaties, and, on a preliminary basis, Protection of the environment in relation to armed conflict.
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The Treaty of Naturalization of 1928 between the United States and Czechoslovakia
Emmert, František
The text summarizes relevant historical aspects of U.S.-Czechoslovak relations, beginning with the 1928 Treaty on Naturalization and following with the problematic post-World War II Czechoslovak period. A special theme is article III of the Treaty on Naturalization provides that Nationals of either country who are naturalized while their country of origin is at war, however, do not lose their original nationality.
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Child soldiers and their position in international law
Faja, Zbyšek ; Kochan, Jan (advisor) ; Trávníčková, Zuzana (referee)
The Bachelor thesis analyzes position, status and protection of child soldiers in public international law. Its aim is to discover, if there is sufficiently precise legal protection of child soldiers during armed conflicts. In order to meet the target, the thesis encompasses several topics. Firstly, it deals with current situation of child soldiers in the world and defines who is considered a child and a child soldier respectively. Secondly, it generally analyzes position of persons (not only children) in international humanitarian law. The issue is relevant to determine a status of children granted by international law. Crucial part of the thesis is represented by a detailed analysis of international instruments, which protect children from recruitment and participation in hostilities. Finally, the thesis summarizes its findings and answers the questions, if and why the legal protection of child soldiers is effective or not.
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Mezinárodní smlouvy v českém právním řádu
Zeman, Ondřej ; Trávníčková, Zuzana (advisor) ; Sladký, Pavel (referee)
In the second, common part describes public international law and it's relation to the national law. Subsequently the system of sources of public international law and application of the international treaties to the system of the national law. In the third, analytical part describes relationship between international and the Czech law, it's historical development and present situation and the relation of the Czech national law to the acquis communautaire as well.
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