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Legal regulation of the status of private persons in space law
Zíka, Tadeáš ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Legal regulation of the status of private persons in space law Abstract This thesis deals with the issue of regulation of rights and obligations of private persons in space law. It aims to determine to what extent public space international law addresses private persons, what obligations international treaties impose on private persons and how states adapt them into their national legal systems. The first chapter of the thesis presents the historical background against which space law has developed and which has had a significant impact on its current form. Subsequently, space law is defined, placed in the context of public international law and compared with the most similar legal regimes - the law of the sea, the law of the airspace and the Antarctic treaty system. The second chapter focuses on introducing the various space treaties that form the core of international space law. These treaties are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention and the Moon Agreement. In addition to a general introduction, the thesis focuses in particular on those provisions from which implications for the activities of private parties can be inferred. The chapter also introduces key international governmental and non-governmental organizations active in the field of...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Ondřej, Jan (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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