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Dissertations / Theses on the topic 'Právo na příznivé životní prostředí'
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Černá, Ester. "Právo na příznivé životní prostředí." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-438671.
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1 The Right to a Favourable Environment Abstract The diploma thesis deals with the right to a favourable environment. The main objective of the thesis is to answer the question of how this fundamental human right is applied nowadays and what is the role of international treaties by which the Czech Republic is legally bound in its interpretation. These findings are then critically evaluated and possible directions of the future development of this right are suggested. The thesis is divided into four parts. The introductory part of the thesis defines the basic concepts and introduces the fundamental principles of the environmental protection. The second part of the thesis approaches the possible forms of the relationship between environmental protection and the protection of human rights following the way they were defined by Dinah Shelton in 1991. The third part of the thesis focuses on the right to a favourable environment in the European legal area. First, on the example of the case-law of the ECHR one of the discussed approaches consisting in extending traditional human rights with environmental aspect is presented in more detail. Furthermore, this part deals with the Aarhus Convention and its significance for the right to a favourable environment. The last part of the thesis is devoted to the way in...
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Müllerová, Hana. "Právo na příznivé životní prostředí jako základní lidské právo." Doctoral thesis, 2009. http://www.nusl.cz/ntk/nusl-278646.
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Lipowský, Petr. "Právo na příznivé životní prostředí v regionálních systémech ochrany lidských práv." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-349885.
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The aim of the diploma thesis is the analysis of the right to a favourable environment, or to the protection of the certain quality of the environment with a focus on the regional human rights systems. This diploma thesis is divided into three chapters. The first chapter outlines the evolution of human rights at the universal level and certain related problems that accompany this evolution. The second chapter is concerned with the overview of the human-rights based approaches to the protection of the envrionment which include inter alia the effort for the recognition of the separate right to a favourable environment. The third chapter examines the evolution of the right to a favourable environment, or to the protection of the certain quality of the environment within the regional human rights systems so it concentrates on the control mechanisms of the relevant regional systems and their activity in the area of the protection of the environment. The conclusion deals with the evaluation of the evolution of the right to a favourable environment within the international law, focuses on the comparison and assessment of the common and different features of the regional human rights systems and indicates the future trend.
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Krejčíčková, Šárka. "Právo na příznivé životní prostředí v judikatuře českých soudů." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-435309.
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The Right to a Favourable Environment in Case-law of the Czech Courts Abstract This diploma thesis deals with the right to a favourable environment as it is contained in the decisions of the Czech courts. The main objective was to provide a complete overview of the development of case-law in this area, with an emphasis on some related problems. Presented diploma thesis points out especially on the unclear conception of the holders of the substantive right to a favourable environment in contrast to the substantive rights belonging to participants in environmental protection proceedings and strives for illustrating the interpretative difficulties associated with this double-track which occurs actually in the Czech legal order. Apart from other things, this thesis aims to point out to the current question, which was submitted to the Constitutional Court of the Czech Republic, i.e. whether the amendment to the Act of the Czech National Council no. 114/1992 Coll. on Nature and Landscape Protection is consistent with constitutional principles on the protection of public interests and assumptions of international law, especially whether it complies with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter also referred to as...
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Novák, Jiří. "Právo na příznivé životní prostředí v judikatuře českých soudů." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-355905.
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The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Čechtická, Alena. "Právo na příznivé životní prostředí v českém právu a v právu Britské Kolumbie." Master's thesis, 2009. http://www.nusl.cz/ntk/nusl-274807.
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- 76 - SUMMARY RIGHT TO A HEALTHY ENVIRONMENT IN CZECH LAW AND IN THE LAW OF BRITISH COLUMBIA Master's degree dissertation compares right to a healthy environment in the Czech Republic and in British Columbia, a Canadian province, and makes this comparison upon a variety of standpoints. The work also broaches the environmental regulation in both these mentioned countries in general, as the regulation gives us the context in which the right in question is applied and enforced. The first part of the work is an introductory part that leads us into the area. The first part of work compares definition of fundamental terms related to the focus of this work between legal systems of the Czech Republic and British Columbia. The comparison shows the term "environment" is defined in both these countries quite similarly, but the term "healthy environment" is in none of these countries defined positively, but rather negatively, by enacting values and conditions under which environment can be declared unhealthy. The following part describes the development of legal regulation of environment and in that scope also the right to a healthy environment. The chapter shows that British Columbia, in its hundred years of modern history of legal protection of environment, developed into a phase where environmental law is basically...
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Ligdová, Michaela. "Právo na příznivé životní prostředí podle čl. 35 odst. 1 Listiny základních práv a svobod." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-321576.
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The subject of this diploma thesis deals with the right to a favorable environment, according to the Article 35 of the Charter of the Fundamental Rights and Freedoms. The main aim of this thesis is to describe the essence of this right and then analyze its justiciability according to the legal form of the person to whom the right is granted. The thesis describes the fundamental theoretical approaches towards the subject and analyzes the czech high court's case law regarding the differing possibility of a judicial enforcement of the right to favorable environment for an individual and a legal person (environmental non-governmental organizations) respectively.
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Chobotová, Tereza. "Konflikt ochrany životního prostředí s právem na nedotknutelnost obydlí." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-358037.
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The protection of fundamental rights and freedoms is the basic element of every modern democratic society. These rights are regulated in many international treaties and at the same time the states set them out in their constitutions. The Czech Republic is no exception. In the application of fundamental rights conflicts occur from time to time, and one of the rights must retreat to another. This thesis deals with the collision of the right to favourable environment and the right to inviolability of the home. The main theme is the new regulation of the Act no. 201/2012 Coll. on Air Protection, which from January 1st , 2017 allows the direct control of the combustion stationary air pollution sources and fuels in the households.
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Fremrová, Jolana. "Právo na respektování soukromého a rodinného života." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-329733.
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The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...
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Pour, Jiří. "Účelová kategorizace půdy jako zásah do vlastnického práva." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-344675.
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Thesis Purposeful Categorization of Land as an Interference with the Right to Property presents an analysis of the institute of purposeful categorization of land and its specifics on a background of a theoretical thought about the right to property, the right to favorable environment and the collision of two constitutionally guaranteed rights. The purpose of this thesis is to assess current legislation of purposeful categorization of land, including the instruments that are used in relation to it, and to, based on the assessment, identify problematic issues of the legislation and asses the limitation of right to property that the individual instruments related to the institute create. Powered by TCPDF (www.tcpdf.org)
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Pich, Jan. "Právní úprava posuzování vlivů na životní prostředí." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-348685.
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Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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Nocar, Michal. "Ochrana životního prostředí a vlastnické právo." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-327502.
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This thesis deals with the relationship between environmental protection and ownership rights. The thesis describes the concept of the environment in the Czech constitutional law. Furthermore, it concerns with international legal and constitutional enshrining of property rights and the right to a favorable environment in terms of constitutional case law. Then in the third part followed by the regulation of restriction of ownership rights, the legal conditions under which is expropriation possible and editing voluntary contractual ownership restrictions in order to protect the environment. The focus of the work, in the fourth part, is dealing with the legal regulation in current legislation, an effort to capture the most significant limitation of property rights from the perspective of the owner of the individual parts of the environment, as well as the analysis of selected provisions of environmental law. Finally, this thesis is the formulation of the specific locations of the main conflicts between the protection of the ownership rights and the general interest in environmental protection. A general effect of environmental awareness throughout the company is to decide which of these interests, whether environmental protection or the protection of property rights, in the particular case outweighs...
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Vacková, Zuzana. "Těžba uhlí a její vliv na životní prostředí z právního pohledu." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-313606.
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ENGLISH SUMMARY Coal mining is an important activity which significantly contributes to the economy of the Czech Republic. Coal is currently still indispensable material for many industrial branches, but coal mining has serious and wide-ranging consequences for the environment. Coal mining influences negatively especially the appearance of landscape, the soil conditions and the water system in the affected area. It causes air pollution and it leads to the destruction of fauna and flora, too. Furthermore the problem is that coal is a non-renewable material, which will eventually be exhausted. Due to these negative impacts on environment and the importance of coal as the source of energy, the coal mining requires state regulation. Legislation regulation of mining activity in our country can be found in these three acts: The Mining Act No. 44/1988 Coll., The Act of Mining Activity No. 61/1988 Coll. and The Act of Geological Works No. 62/1988 Coll. These three acts are supplemented with number of subsidiary regulations. This thesis attempts to describe and analyze basic legal instruments of environmental protection, which are exercised in mining. The main sources for this thesis are the three above-mentioned Acts and Acts regulating particular elements of environment for example the Water Code, the Forest Code...
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Glatzová, Monika. "Posuzování vlivu na životní prostředí v judikatuře Evropského soudního dvora." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330234.
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Environmental impact assessment of projects in the case law of the Court of Justice of the European Union Environmental impact assessment (EIA) is a horizontal tool of protection of the environment, based on principles of precaution and prevention and aimed at assessment of plans and programs, or projects. This thesis deals with assessment of projects only. At EU level, the legal basis for EIA of projects is provided for by the EIA Directive (Directive 2011/92/EU) which is expected to be amended in the near future. The thesis provides for an analysis of the EIA case law of the Court of Justice of the EU (CJEU), identifies the main problems encountered by the Member States when implementing the EIA Directive, identifies the key principles established by the CJEU for interpretation of the EIA directive, and in the light of the above it identifies the main issues in the transposition in the Czech law. 1
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Vítková, Martina. "Právo na informace o životním prostředí a přístup k právní ochraně v otázkách životního prostředí v Irské a České republice." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-305753.
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This diploma thesis deals with access to environmental information and access to justice in environmental matters introduced by Aarhus Convention in the specific conditions of Czech Republic and Ireland. These rights are considered to be very important tools for environmental protection. At a time when people threaten their own existence by negative interference with the environment it is necessary that effective means for its protection exist. These means are access to environmental information and access to justice in environmental matters, which together can be called as environmental procedural rights. The first chapter of this thesis presents the sources of environmental procedural law and observes the development of law at international, European and national level. The most important international document in this field is the Aarhus Convention that was adopted in 1998 by most of the European countries and that provides for access to environmental information, access to justice and public participation in environmental decision-making. This convention has largely affected the law of the European Union, where several directives has been adopted, including most importantly the Directive 2003/4/EC on access to environmental information and the Directive 2003/35/EC on public participation in...
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Koláček, Jakub. "Islám a životní prostředí: ekologická témata očima současných islámských právníků a filosofů." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-388904.
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This thesis analyzes contemporary interpretations of Islamic religious ethics regarding the environment and its problems. The first part introduces a theoretical perspective in which the analyzed problem is viewed as historico-sociological problem of interaction between the modern phenomena of environmentalism and the traditional framework of religious ethics. The object of the second part is a close analysis and summary of those parts of the religious textual tradition which are included in the contemporary ethico-religious interpretations of environmental problems. In the third part, three separate discourses of contemporary Islamic environmental ethics and two other perspectives are distinguished and analysed using texts which represent them, published on this topic in English and Arabic. On this material common features of Islamic ethical attitude towards the nature and environmental problems are demonstrated as well as notable differences between the interpretations of jurists, layman activists, institutions and other actors. Attentions is paid to various possible relations between modern environmental concepts and notions and traditional ethico- religious Islamic tenets including their possible political and social implications.
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Švecová, Klára. "Informace o životním prostředí." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313553.
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Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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Turečková, Lucie. "Trestněprávní odpovědnost v ochraně životního prostředí." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-322717.
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75 Abstract Criminal liability in environmental protection Presented dissertation deals with a very current topic, which is environmental protection through the criminal law standards. It mostly deals with criminal environmental protection instruments in the Czech Republic and puts them into the international and European context. It describes the conditions of a criminal liability with an emphasis on the criminal liability of the legal persons, a new element in Czech law. A big part of this dissertation is dedicated to the individual environmental crimes, which can be found in the criminal code in a part VIII or in another parts within the special part. Two chapters are dedicated to analysis of the two crimes in detail - Damage and threats of the environment (including its negligent forms) and Animal abuse including the historical development of it. The aim of this dissertation is an analysis of actual and efficient legal regulation.
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Vaculíková, Klára. "Právo mezinárodního obchodu s elektřinou." Doctoral thesis, 2011. http://www.nusl.cz/ntk/nusl-299490.
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Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: International Power Trading Law Author: Mgr. Klára Vaculíková March 2011 The purpose of the thesis was legal analysis of the power trading in the today's global world. This entails mainly the discipline of international private law. Power trading, in particular transactions on sale and purchase of electric power with an international element are subject to general rules of international private law. Nevertheless, the exceptional nature of electric power and of its disposition described in the thesis makes the area of power trading quite special sub-discipline of international private law. In the same time, very complex and significantly relevant part of the power trading, which the study cannot avoid to consider, is the regulatory framework, within which this specific sort of business is carried on. After introductory Chapter One, the thesis describes characteristic issues in the international power trading, in its Chapter Two. Chapter Three provides necessary basic conceptual classification of the given topic within the system of law. Although the main topic of this thesis is the core of the power trading business, meaning the private transactions related to electric power and their analysis, fair part...
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Bubnová, Tereza. "Vlivy člověka na zvyšování společenské odpovědnosti firem." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-384520.
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The goal of this diploma thesis: The fluence of man on increasing corporate social responsibility is describe the meaning of social responsibility and options how to increase it. Is possible to increase responsibility of corporation by employee or customer? How we can recognize that their behaviour isnť only good promotional tactic as a public relation and commercial? How government can support this behaviour and is realistic to force corporate to be morale with using the right? The result of this thesis will be find out what does it means social responsibility for normal people nowadays and what saying companies especially in Prague. Keywords Social responsibility, corporate social responsibility, ethics, individual ethics, business ethics, environment, human influence, commercial, state, law
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Pelletier, Mireille. "The impacts of climate change on environmental geopolitics of the Arctic." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-325023.
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The new fact that the environment is becoming the main factor of geopolitical transformations in the Arctic region has been triggered mainly by climate change. In the North, this recent aspect of geopolitics, in correlation with the environment, leads sometimes to tensions between countries, but also to a need for cooperation. The question brought by such conditions is, to which extent will this climate change provoke cooperation or conflicts between the Arctic states. The purpose of addressing the problem is to understand what kind of challenges would be facing the international relations between circumpolar countries and how the environment is playing a geopolitical role in them. The objective of the main research question is to assess the importance of climate change over the geopolitics of the Arctic through several spheres of geopolitics: environment and bio-diversity, economic activity of the region, sovereignty and territoriality, security of the circumpolar states, and international and diplomatic relations. The trans-border and transnational nature of environmental issues is another important factor, since nature does not respect human-made boundaries and an environmental concern, such as climate change and its aftermaths, cannot be exclusive to a state along the lines of its borders.
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Zíbrt, Daniel. "Právní režim chráněných území a ochranných pásem v ochraně vod." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-344673.
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84 ABSTRACT This thesis is concerned on the topic "Legal regime of protected areas and protective zones by the water protection." Water like environmental compartment has a key role to the existence of life on Earth. That is the reason for its protection. For achieving this protection could not be protected only this environmental compartment, but it is necessary to focus on other ones, which are related to this protection. The main aim of this thesis is to analyse the situation and the ways of ensuring the territorial water protection, to point out the basic types of them and their similar and different characteristics and provide a comprehensive explication of territorial water protection. For these reasons, the thesis is divided into two parts. The first is dealing with systematization of water protection and water protection relationship as a whole and territorial water protection as one of its important elements. This part is necessary for the orientation and the issue of inclusion territorial water protection to the entire system of water protection. The second part of this thesis at first reflects on the ways of promulgation of types of the territorial water protection and then is directly focused on them. The first type of territorial water protection represents the protected area of natural water...