Magister Legum - LLM

Mediation has been regarded as one of the effective dispute resolving techniques. However, the issues pertaining to the development of mediation have been overlooked and are therefore less well known. There has been limited discussion about mediation and some of the theoretical explanations about its development in the construction industry were not well investigated or documented. The main purpose of this research was to investigate the development of mediation by focusing on investigating the barriers which impede the use of mediation in resolving construction industry disputes in the UK. Gaps in the literature were identified in the research but no hypothesis was generated. The interpretive research model was an ideal paradigm for this research as it assisted in structuring the whole process of the investigation. A grounded theory strategy was adopted as it helped to capture the overall mediation phenomenon in a construction environment. Semi-structured interviews, with sixteen leading mediators from around the UK, were used for this study. The interviews were recorded and transcribed. The interview transcripts were analysed using grounded theory analysis, through manual coding techniques. From the findings, two categories of barriers were identified: barriers arising from the public (lack of social awareness, disputatious culture, process barrier, insufficient planning, security and the introduction of adjudication) and barriers caused by the disputants’ legal advisors (ignorance, personal agendas and the conventional method of resolution). The study also explores some information on the mediation system such as financial issue was the main dispute in construction industry; facilitative mediation is the most appropriate mediation process and in appointing the mediator, excellence in mediating skills is more important than his or her professional background; also it is inappropriate/ counterproductive to impose mandatory mediation on construction disputes. The limited amount of literature dealing with mediation in the UK construction industry is one of the limitations of the research, as it complicated the process of designing the interview questions. Some potential sources of bias for the research are identified through the areas of data presentation and data interpretation. This research has provided theoretical and practical contributions to mediation development within the context of the UK’s construction industry. Further research is suggested to validate the research findings and to evaluate the quality of the mediation process, based on the gender and professional background of the mediator.

Diplomová práce je z oblasti silniční přepravy nebezpečných látek a věcí a zabývá se koncepcí zvyšování kvalifikace pracovníků silniční přepravy s aplikací na vybranou dopravní firmu. Teoretická část obsahuje východiska Dohody ADR, praktická část aplikaci na firmu Petschl Transporte (Česko) s.r.o. a analýzu koncepce zvyšování kvalifikace pracovníků, podílejících se na tomto druhu přepravy v dané firmě. Součástí práce jsou i návrhy na opatření.

The diploma thesis deals with the main risks of dangerous goods transportation and ways of their minimization. The thesis devotes a new form of internal training of SCHENKER's employees about regulations concerning dangerous goods transportation as the way to enhance their security.

Diplomová práce je z oblasti silniční přepravy nebezpečných látek a věcí a zabývá se koncepcí zvyšování kvalifikace pracovníků silniční přepravy s aplikací na vybranou dopravní firmu. Teoretická část obsahuje východiska Dohody ADR, praktická část aplikaci na firmu Petschl Transporte (Česko) s.r.o. a analýzu koncepce zvyšování kvalifikace pracovníků, podílejících se na tomto druhu přepravy v dané firmě. Součástí práce jsou i návrhy na opatření.

This thesis deals with preventive measures concerning transport of dangerous goods and how these are observed. Also, it discusses the influence of training and the shortcomings of the training system in the field of ADR. Further, the thesis mentions the development of road side checks connected with the transport of dangerous goods and also accidents connected with this kind of transport. As far as the accidents connected with the transport of dangerous goods are concerned, the main causes of these have been surveyed.

Diploma thesis focuses on the analysis of critical points in the transport of hazardous materials on the basis of which there is given a methodology for selecting safe routes. Thethesis includes statistical data on the total performance in the transport of hazardous materials within the EU states as well as specifies the proportion of transport performance of hazardous materials to the total performance among the individual European countries. For Czech Republic, the thesis also presents a statistical overview of the accident rate associated with this kind of transport as well as deals with the causes and consequences of the accidents occured during the transportation.

The thesis considered the feasibility of space warfare with an emphasis on the malicious potential of dual-use technology. I have described the orbital principles and set the presumptions of space warfare and the principles for space warfare strategy, introduced dual- use technology and its connections to space weapons, elaborated on existing counterspace capabilities and its impact, described the challenges for space warfare and evaluated the utilization of dual-use technology as space weapons. I have reached the conclusion that current space technology does not allow to lead extensive space warfare. However, counterspace technology is mature enough for the conduct of destructive space operations and states are encouraged to proliferate advanced offensive counterspace capabilities that are not sufficiently addressed and bounded to international law. Though, despite it seems space warfare is unlikely, the growing tensions of state space actors and rapid development of new technology that is currently mostly driven by the commercial actors may soon change the situation. Potentially destructive dual-use technology may then increase the risk and probability of space warfare. The thesis proposed several options of potentially destructive dual-technology technology that could be turned into space weapons.

The system of Alternative Dispute Resolution, commonly known as ADR, comprises multiple informal processes. Traditional processes of negotiation, mediation and arbitration are primary processes within the system of ADR. The elements of the primary processes have been combined with one another or with those of public process to form hybrid ADR processes original only to the system of ADR. These hybrid processes are: rent-a-judge, the mini-trial, the summary jury trial, neutral evaluation and mediation/arbitration. Under the auspices of ADR, derivative processes have also been developed, such as expedited arbitration, documents-only arbitration, final-offer arbitration and quality arbitration. Each process is distinct and separate, having its own unique form, function and method of transforming a dispute. Outwardly, this represents a diverse collection of disjunctive processes. Yet an introspective analysis shows that there is an innate centrality that originates in core principles that bind individual processes to each other and to a unified body of theory. These foundational principles of ADR are replicated in each of its processes. In these terms, ADR is therefore conceptualised as a pluralistic system of dispute resolution that consists of autonomous and individual systems of process that conform to a central body of general theory and consensual principles. As a method of extracting the fundamental principles of ADR, the discontinuities and continuities between the theory and principles of civil procedure, as a unitary system .of procedure, and ADR processes are explored. However, in its conclusions, the thesis rejects the premises of a unitary system of procedure as forming the basis for the theory and principles of ADR. Instead, the contrary notion is advanced that ADR is an independent system of dispute resolution which is based on a theory of processual pluralism and supported by cogent processual principles. / Constitutional, International & Indigenous Law / LL.D.

Figura-chave da chamada \"Escola de Isfahān\", Mullā Ṣadrā (979 H. / 1571-2 d.C ) ocupou papel de destaque durante a renascença safávida do reinado de Abbās I (d. 1039/1629). Acredita-se ter sido ele o principal responsável por revitalizar a filosofia da iluminação de Sūhrawardi naquele contexto, além de consolidar a junção entre sufismo e neoplatonismo. Foi responsável, ainda, pela elaboração de metodologia própria para a compreensão da realidade, tendo por base fontes filosóficas, teológicas e místicas, além de mesclar raciocínio lógico, inspiração espiritual e meditação profunda. Ṣadrā aplicou tal metodologia às principais obras da tradição xiita duodécima. Do ponto de vista filosófico, Ṣadrā percebe o conceito aristotélico de \"substância\" como processo, em constante mudança; nesse aspecto, o filósofo aproxima-se da leitura de traço neoplatônico, já presente em al-Fārābī e Ibn Sīn&#257. O modo como Ṣadrā relaciona as noções de \"essência\" e \"existência\" deu novas feições à discussão metafísica de tradição árabe-islâmica. Em sua doutrina, Ṣadrā acaba por transformar a metafísica construída a partir da primazia das substâncias, como elemento primordial da existência, em outra, fundada e movida por atos de existência. Apesar de perpassar esses e outros temas, a principal contribuição d\'O Elixir dos Gnósticos diz respeito à ênfase do autor no autoconhecimento. Como Ibn Ἁrab&#299, Ṣadrā acredita que o conhecimento da alma / nafs - ou seja, o conhecimento de si mesmo - e o conhecimento de Deus estão interligados. Por esse motivo, o presente trabalho se preocupou principalmente em analisar a relação entre os existentes, a alma e a inteligência primeira, pois é a partir dessa relação que se tornar possível vislumbrar e compreender as questões fundamentais da origem e do retorno à fonte doadora de existência. Do ponto de vista histórico, vale destacar que à fundação do império safávida acompanhou-se a conversão em massa da população ao xiismo. Para responder à demanda por instrução da multidão de novos convertidos - e igualmente firmar as bases da nova religião oficial -, grande número de religiosos foi trazido de áreas xiitas respeitadas pela doutrina e pela ortodoxia, tais como Líbano e Iraque. Esse clero árabe recém chegado, que teve Ṣadrā como herdeiro, foi responsável por incorporar novos elementos ao pensamento religioso vigente em terras persas e, assim, conformar ambiente propício para o desenvolvimento do pensamento filosófico de Ṣadrā. / Prominent figure of the \"Isfahān School\", Mullā Ṣadrā (979 H. / 1571-2 AD) had an important role during the Safavid renaissance in the reign of Abbās I (d. 1039/1629). He is believed to be the main responsible for the revitalization of the philosophy of illumination of Sūhrawardi in that context, as well as for the consolidation of the junction between Sufism and Neoplatonism. He also developed his own methodology for the comprehension of the reality, based on philosophical, theological and mystics\' sources, and which puts together logical reasoning, spiritual inspiration and deep meditation. Ṣadrā applied his methodology to the then major works of the Twelver Shi\'ism tradition. From the philosophical point of view Ṣadrā perceives the Aristotelian concept of \"substance\" as a process in constant change; in this regard the philosopher comes nearer to the Neoplatonic ideas instead, as did al-Fārābī and Ibn Sīn&#257. The way Ṣadrā relates the notion of \"essence\" and \"existence\" added new features to the metaphysical discussions in Arabic and Islamic philosophical tradition. In his doctrine, Ṣadrā ends up transforming the metaphysics built upon the primacy of substances as the primordial element of existence, in another one based on and moved by acts of existence. The most important contribution of The Elixir of the Gnostics however is the emphasis of the author on self-knowledge. As Ibn Ἁrab&#299, Ṣadrā believes that the knowledge of the soul / nafs - in other words, the knowledge of the self - and the knowledge of God are interconnected. For this reason the present work is more concerned in analyzing the relation between existents, soul, and the first intelligence, from which it is possible to comprehend the fundamental issues of the origin and the return to the donor source of existence. From the historical point of view, it is worthy to highlight that the establishment of the Safavid Empire resulted in the mass conversion of the Persians into Shi\'ism. In order to respond to the increasing demand for religious instruction - and also to stabilize the basis for the new official religion - a great number of clerics was brought from Shiite areas recognized for their doctrine and orthodoxy, such as Lebanon and Iraq. This newcomer Arab clergy was responsible for incorporating new elements to the existing religious thought in Persian lands, and for creating a propitious context for the development of Ṣadrā\'s philosophical thought.