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Protection of biodiversity of deep sea-bed in areas beyond national jurisdiction
Kopecký, Martin ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Protection of biodiversity of deep sea-bed in areas beyond national jurisdiction Protection of the marine environment including ecosystems and biodiversity of the seabed, is one of the main goals towards which international environmental law should be aiming. In the first part of this diploma thesis, I presented the main deep-seabed ecosystems, and I drew attention to the main discrepancies between the natural scientific and legal view of these ecosystems. In the second part of this thesis, I presented crucial legal principles and approaches that are applicable to the protection of the deep seabed, and I included examples of binding and non-binding legal instruments which contain those principles. I further outlined their status in the current system of international law, particularly with regard to the international customary and treaty law. In the third part of this thesis, I analysed specific international conventions which apply to the protection of deep seabed biodiversity. First, I analysed the UN Convention on the marine law, and then I focused on two regional legal regulations: Convention for the Protection of the Marine Environment of the North-East Atlantic and Antarctic Treaty System. At first, I addressed the question whether they include the main principles and approaches which I...
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Legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic
Pospíšil, Vojtěch ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
This master's thesis deals with the topic of legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic. It is still a relatively new area of human interest. In the brief introduction, author suggests relevance of this topic and its attractiveness in the future. In the second chapter author describes historical development of the law of the sea, in which the legal regime of the seabed gets special attention. Author points out, especially, differences in historical development of the sea and the seabed. Next chapter deals with relevant sources of law. That goes with enumeration of the basic international treaties. Author also suggests the possibility of origin of international customary law. Author pays attention to case law and soft law of the Authority as international organization. Next chapter describes the structure of the Authority, activities in the Area, dispute resolution mechanisms and individual resources in the Area. Separate chapter is dedicated to prospecting, exploration and exploitation. Special attention is paid towards adaptation of these activities in regulations of the Authority and a future draft of mining regulation. Sixth chapter shows involvement of the Czech Republic in the whole system, which is significant considering the size...
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Legal regime of Marine Biodiversity Conservation in Areas beyond National Jurisdiction
Majovská, Barbara ; Žákovská, Karolina (advisor) ; Derlich, Stanislav (referee)
The seabed has long been an unexplored area and we still do not have all the information about its environment. In the second half of the 20th century, the development of technology allowed a better exploration of the seabed. There have been discovered seamounts, hydrothermal vents and other formations. Around these formations there are rich ecosystems that are currently threatened by mining, deep-sea fishing, bioprospecting and deep-sea tourism. Most of the seabed is beyond the area of national jurisdiction and currently there is no legal convention aimed at protecting this area. This thesis explains the concept of biodiversity, its significance and threats. The main legal instruments for the protection of the seabed biodiversity are analysed. These include the 1982 United Nations Convention on the Law of the Sea, the so-called Constitution for the oceans. At the time of the adoption of this Convention, activities on the seabed were still being developed. The UNCLOS Convention therefore regulates only the activities of exploration for and exploitation of the resources on the seabed beyond national jurisdiction, in the Area. The importance of the UNCLOS Convention for the protection of the marine environment was therefore limited. Due to the activities of The International Seabed Authority and The...
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Legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic
Pospíšil, Vojtěch ; Ondřej, Jan (advisor) ; Balaš, Vladimír (referee)
This master's thesis deals with the topic of legal regime of the seabed beyond the limits of national jurisdiction in relation to the Czech Republic. It is still a relatively new area of human interest. In the brief introduction, author suggests relevance of this topic and its attractiveness in the future. In the second chapter author describes historical development of the law of the sea, in which the legal regime of the seabed gets special attention. Author points out, especially, differences in historical development of the sea and the seabed. Next chapter deals with relevant sources of law. That goes with enumeration of the basic international treaties. Author also suggests the possibility of origin of international customary law. Author pays attention to case law and soft law of the Authority as international organization. Next chapter describes the structure of the Authority, activities in the Area, dispute resolution mechanisms and individual resources in the Area. Separate chapter is dedicated to prospecting, exploration and exploitation. Special attention is paid towards adaptation of these activities in regulations of the Authority and a future draft of mining regulation. Sixth chapter shows involvement of the Czech Republic in the whole system, which is significant considering the size...
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