Before this study was conducted, there was a research gap in the current field of international relations. The purpose of this study was to examine why the EU has not established a common defence policy and a common defence. In order to address this, a theoretical framework based on realism and liberalism was created. Taken together, this study thus filled that gap and provided new insight on EU’s defence policy. The method that was used to conduct the research was a case study and the material consisted of the Treaty of Lisbon, EU key documents, as well as numerous of theoretical works concerning realism and liberalism. The study is of an explaining nature and the analysis seeks to explain the research question by testing it on the theoretical framework. The study concludes that the theoretical framework is able to explain the research question. Both realism and liberalism contributed with significant insight on why the EU has not established a common defence policy and a common defence. The main result shows that realism answers the research question by pointing out the role that member states play, and that liberalism, in contrast, points at the role EU as a unitary institution plays.

Defence counsel in criminal proceedings Criminal law was always my favourite subject at Law faculty and that is the reason, why i choose this topic at first. Because in this moment, I am still just student, and I don't have any personal experience with criminal proceedings, I have to search information largely from specialized publications and sentences od Czech courts. In the begining, i mentioned right of defence and international agreements, where is this right based and described how important is this right for criminal proceedings and for the defendant espacially. I wanted to show consequences of this right and Czech penal code as well. In my opinion, it was necessary to start with right of defence, because position of defence counsel in criminal proceedings in many thing depends on person of defendant. In next parts, I was paying attention to person of defence counsel, and especially conditions, which are necessary to his profession. Most important condition in general is that defence counsel has to have passed advocate exams and he has to be registered in list of advocates in Czech republic. Then I was describing his rights and duties to defendant, I meantioned for example his duty of descreetness, his duty to pay attention and behavior by wishis of his client and many others. I was try to divide the...

Participation of the Counsel in the Preliminary Proceedings A right of defence is one of basic rights of democratic state of law. It is contained in various international treaties and also in our constitution, namely in article 40 of Charter of Fundamental Rights and Basic Freedoms. In case of criminal procedure it is further adjusted in Criminal Procedure. Representation by a defence counsel is one of the main ways how to fulfill a right of defence. A defence counsel becomes essential compoment of criminal procedure. Especially in preliminary procedure is defence counsel and his services irreplaceable. For that reason I decided to examine the role of defence counsel in preliminary procedure. My diploma thesis consists of five chapters, whilst first chapter is introduction and last conclusion. First chapter is an introduction into topic of right of defence and role of defence counsel in criminal procedure. It also deals with legal sources of right of defence and its brief history form 1873Criminal procedure until recent Criminal procedure. In second chapter of my thesis I deal with right of defence in general and with different concepts in several subheads. Therefore subheads deal with problems of representation by defence counsel and subsequent mandatory defence. Subheads also deal with chosen and...

The legality of pre-emptive self-defence The Master's thesis deals with one of the key issues of current international law, the right to pre-emptive self-defence. The work is divided into six parts, including introduction, four chapters and conclusion. After an introductory part the first chapter deals with the sources of international laws regulating the right to self-defence, their system and the way in which they interact with each other. This chapter seeks to analyse the impact of those sources on the development of right to pre-emptive self-defence. The main attention is devoted to the primary and secondary sources of international law regulating the right to self-defence, such as the U.N. Charter, customary international law, the judicial decisions of the International Court of Justice and the teachings of the most highly qualified publicists. The second chapter first focuses on the concept of classical self-defence. It then goes on to examine the two traditional doctrinal approaches to the interpretation of the scope of the right to self-defence, the restrictive school of thoughts and the extensive school of thoughts. The next chapter relates to the prohibition of the use of force under international law. The last chapter first analyses the concept of pre-emptive self-defence from the...

-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...

This thesis makes an assessment of the factors influencing the involvement of the Australian Defence Organisation (ADO) in homeland security roles since 11 September 2001 (9/11). This is approached on a largely empirical basis, using document analysis and case studies supported with interviews with key individuals and experts. The thesis commences with an Introduction that provides brief context for the thesis and specifies its central question as ???what factors have shaped the role of the ADO in Australia's response to the homeland security environment that has emerged since 11 September 2001.??? Chapter One provides an historical and theoretical context for the key concepts of homeland security and the challenges confronting Western governments in the homeland security arena. Chapter Two explores the implications of those challenges for Australia, before outlining the research method and providing a literature review. Chapter Three is an historical exposition of homeland security in Australia from British settlement in 1788 until 2001. The Chapter examines events in increasing detail in the 30 years immediately prior to 2001, including a detailed case study of ADO support to the Sydney 2000 Olympic and Paralympic Games, before drawing some broad conclusions on the Australian experience of the involvement of its Defence Organisation in homeland security pre-9/11. Chapter Four establishes the pre-9/11 status quo in relation to the ADO???s involvement in homeland security role before analysing the general pattern of those roles. Chapter Five analyses and draws conclusions about the reasons for the ADO???s pre-9/11 involvement in homeland security roles, introducing an hypothetical construct to explain causal factors. Chapter Six examines the ADO???s involvement in homeland security roles post-9/11, including cases studies of ADO support to the conduct of the 2002 Commonwealth Heads of Government Meeting and the Melbourne 2006 Commonwealth Games. Chapter Seven analyses and identifies the factors led to the ADO???s pattern of involvement in homeland security post-9/11, further developing the hypothetical construct introduced in Chapter 5. Chapter Seven also contains supporting case studies on the ADO???s contribution to Australia???s national chemical, biological, radiological and nuclear response capability and on the state of New South Wales??? homeland security capabilities. Chapter Eight draws overall conclusions, including recommendations for Australian policy development and areas for further research. The essential conclusion reached is that the ADO???s involvement in homeland security roles, both before and since 9/11, has been shaped mostly by pragmatic political and managerial considerations of governments. Developments have normally occurred in an episodic and incremental fashion in response to ???trigger events,??? although 9/11 altered this pattern somewhat by acting as a ???threshold??? event that re-calibrated demands and expectations for ADO involvement. Supporting Appendices provide detail on the Australian Government???s strategic guidance on ADO involvement in homeland security since 1973; on Australia???s policy for Defence Assistance to the Civilian Community and Defence Force Aid to the Civil Authorities; and on the involvement of former Department of Defence employees in non-Defence homeland-security related roles. A Bibliography provides details of sources used.

This dissertation presents the findings of an empirical study of the effectiveness of knowledge management practices in an environment of principal-agent and market testing conditions in the Australian Defence Organisation (ADO) during the period 2001-2005. Using a grounded theory research approach and a longitudinal case study, the ADO's workforce planning community of practice is the focus of the study. The research is conducted in the context of the knowledge-based view of the firm, which holds that organisational effectiveness and thus sustained competitiveness is dependant on the continual creation, application and protection of new and unique knowledge. Pertinent knowledge management theories are reviewed and reframed in terms of loose coupling concepts, which are then used to describe the variety of knowledge creating relationships and opportunities for workforce planning that become apparent during the course of field research studies. The impact of market testing, as a precursor to outsourcing, on the creation of new knowledge in workforce planning is examined progressively during field studies. The role of leadership in maintaining effective workforce knowledge management practices emerges as the primary category in the loose coupling analysis process. The paper suggests that in order to sustain competitive advantage in workforce planning that is conducted in a commercial support or market testing environment, trust-based leadership and the use of appropriate knowledge management practices are necessary. The dissertation has important implications for research and practice. Specifically, the loose coupling framework provides a focus for literature reviews in future research of knowledge management and, in terms of professional practice, the framework is developed into an aide-m??moire that can be used to enhance knowledge management practices to meet workforce planning objectives. The aide-m??moire potentially has wider application as a tool to assess the effectiveness of knowledge management within the organisation as well as informing the selection of remedial knowledge management practices. Limitations of the paper are acknowledged and recommendations are made for further research.

During the early 1960s, the US Department of Defense, under Secretary Robert McNamara implemented for the first time in national government a Planning-Programming and Budgeting System (PPBS) in order to improve effectiveness and efficiency in defence program management. McNamara sought improved effectiveness through a formal five-year program designed to reduce costs. He also sought efficient methods of managing joint service strategy coordination, requirements' analysis and planning, and improved alignment between the choice of requirements and the size and nature of the acquisition program. The Australian Defence Organisation (ADO) and the UK Ministry of Defence later sought to implement their own forms of PPBS. Recently, both have introduced program management innovations that seek to achieve more reliably effective and efficient outcomes. The thesis has reviewed program management theory with a particular focus on its implementation challenges relating to strategic management, program review, personnel management and program coordination. It has sought to answer the research problem: Which specific management designs could offer better outcomes for Australian defence technological edge programs? The thesis' central proposition is that the greatest opportunities for improving defence program outcomes occur when classic PPBS concepts are implemented within a Program Management System that incorporates Zero- Base budgeting (ZBB), Management by Objectives (MBO), and Matrix structural systems. All of these systems, either alone or in combination seek to enhance program quality, scheduling, financial management and evaluation. The research used in-depth case study research based on qualitative data found within a selection of recent Australian National Audit Office reports, and other public records. The central proposition is subjected to dynamic reliabilityrelated contingency analysis and evaluation. The thesis concludes with the proposition that if managers were to implement a contingency based integrated mixture of the above-mentioned systems they could expect improved technological edge program outcomes.

This thesis makes an assessment of the factors influencing the involvement of the Australian Defence Organisation (ADO) in homeland security roles since 11 September 2001 (9/11). This is approached on a largely empirical basis, using document analysis and case studies supported with interviews with key individuals and experts. The thesis commences with an Introduction that provides brief context for the thesis and specifies its central question as ???what factors have shaped the role of the ADO in Australia's response to the homeland security environment that has emerged since 11 September 2001.??? Chapter One provides an historical and theoretical context for the key concepts of homeland security and the challenges confronting Western governments in the homeland security arena. Chapter Two explores the implications of those challenges for Australia, before outlining the research method and providing a literature review. Chapter Three is an historical exposition of homeland security in Australia from British settlement in 1788 until 2001. The Chapter examines events in increasing detail in the 30 years immediately prior to 2001, including a detailed case study of ADO support to the Sydney 2000 Olympic and Paralympic Games, before drawing some broad conclusions on the Australian experience of the involvement of its Defence Organisation in homeland security pre-9/11. Chapter Four establishes the pre-9/11 status quo in relation to the ADO???s involvement in homeland security role before analysing the general pattern of those roles. Chapter Five analyses and draws conclusions about the reasons for the ADO???s pre-9/11 involvement in homeland security roles, introducing an hypothetical construct to explain causal factors. Chapter Six examines the ADO???s involvement in homeland security roles post-9/11, including cases studies of ADO support to the conduct of the 2002 Commonwealth Heads of Government Meeting and the Melbourne 2006 Commonwealth Games. Chapter Seven analyses and identifies the factors led to the ADO???s pattern of involvement in homeland security post-9/11, further developing the hypothetical construct introduced in Chapter 5. Chapter Seven also contains supporting case studies on the ADO???s contribution to Australia???s national chemical, biological, radiological and nuclear response capability and on the state of New South Wales??? homeland security capabilities. Chapter Eight draws overall conclusions, including recommendations for Australian policy development and areas for further research. The essential conclusion reached is that the ADO???s involvement in homeland security roles, both before and since 9/11, has been shaped mostly by pragmatic political and managerial considerations of governments. Developments have normally occurred in an episodic and incremental fashion in response to ???trigger events,??? although 9/11 altered this pattern somewhat by acting as a ???threshold??? event that re-calibrated demands and expectations for ADO involvement. Supporting Appendices provide detail on the Australian Government???s strategic guidance on ADO involvement in homeland security since 1973; on Australia???s policy for Defence Assistance to the Civilian Community and Defence Force Aid to the Civil Authorities; and on the involvement of former Department of Defence employees in non-Defence homeland-security related roles. A Bibliography provides details of sources used.

This dissertation presents the findings of an empirical study of the effectiveness of knowledge management practices in an environment of principal-agent and market testing conditions in the Australian Defence Organisation (ADO) during the period 2001-2005. Using a grounded theory research approach and a longitudinal case study, the ADO's workforce planning community of practice is the focus of the study. The research is conducted in the context of the knowledge-based view of the firm, which holds that organisational effectiveness and thus sustained competitiveness is dependant on the continual creation, application and protection of new and unique knowledge. Pertinent knowledge management theories are reviewed and reframed in terms of loose coupling concepts, which are then used to describe the variety of knowledge creating relationships and opportunities for workforce planning that become apparent during the course of field research studies. The impact of market testing, as a precursor to outsourcing, on the creation of new knowledge in workforce planning is examined progressively during field studies. The role of leadership in maintaining effective workforce knowledge management practices emerges as the primary category in the loose coupling analysis process. The paper suggests that in order to sustain competitive advantage in workforce planning that is conducted in a commercial support or market testing environment, trust-based leadership and the use of appropriate knowledge management practices are necessary. The dissertation has important implications for research and practice. Specifically, the loose coupling framework provides a focus for literature reviews in future research of knowledge management and, in terms of professional practice, the framework is developed into an aide-m??moire that can be used to enhance knowledge management practices to meet workforce planning objectives. The aide-m??moire potentially has wider application as a tool to assess the effectiveness of knowledge management within the organisation as well as informing the selection of remedial knowledge management practices. Limitations of the paper are acknowledged and recommendations are made for further research.