The Status of Non-governmental Organizations in International Law Abstract Non-governmental Organizations and particularly International Non-governmental Organizations are important players in international relations as well as other stakeholders like States, International Governmental Organizations and Supranational Corporations. Each of these actors has a unique role in international relations, but the role of these actors can overlap each other. Where the interests of these entities overlap, the interaction between actors takes the place. The aim of this thesis was the historical evaluation of the status of International Non- governmental Organizations till the present, settle up with the theoretical basis of legal doctrine on international legal subjectivity and the classification and division of International Non-governmental Organizations. Another objective of the thesis was the definition of individual actors of international relations and embracing of organizations "sui generis" and the most important non-governmental organizations from different sectors and (by using a uniform methodology) compare these organizations and theirs influence on the international public law. In the next part, the thesis pursued with the extraction of statistical data and their placement into the historical context,...

In 2017, the Whanganui River in New Zealand gained legal personality, a potentially norm-breaking legislation that could challenge society to view nature differently. It is thus important to understand the reasons and justifications behind such a decision. This is an explorative case study that aims to examine the interplay between different philosophies on legal rights of nature and minority rights within the context of a political discourse by investigating how the implementation of the Te Awa Tupua Bill in 2017 in New Zealand was justified. The arguments were identified in the three parliamentary readings of the bill through argument analysis and analyzed through ideational critique. The Te Awa Tupua Bill was justified through anthropocentric, animistic and ecocentric arguments. A majority of the arguments related to protecting the indigenous Māori culture. Further, the results from the ideational critique suggests that the argumentation at times was rather weak and that many arguments were not fully developed. This study shows how the practical political debate on legal rights of nature relates to the theoretical one. It also provides insights on how big part protecting minority rights play when implementing legal personality for natural objects. This study contributes to an emerging field of research with many open doors for future studies.

Magister Legum - LLM / Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 labour,8 and personality.9 In addition, company law has also substantially been impacted by the 4IR. Leading legal scholars refer to this process of transformation as the ‘Digitalisation of Company Law’.10 More specifically, the scholars attribute the transformation to technological advancements.

The Status of Non-governmental Organizations in International Law Abstract Non-governmental Organizations and particularly International Non-governmental Organizations are important players in international relations as well as other stakeholders like States, International Governmental Organizations and Multinational Corporations. Each of these actors has a unique role in international relations, with different impacts into the international law. This thesis has mapped international NGOs in detail, from the beginning of their origin to the present. NGOs were divided and classified according to several selected criteria and finally, the definition of NGOs was made. In the next part of the work, has been identified a group of non-governmental organizations sui generis. Although they are non-governmental organizations, enjoy international legal subjectivity. This thesis dealt with elements of the sociological method, so it dealt much more with the facts why the document was created in such a form and how it is actually fulfilled, rather than what is the content of the document itself and how it should be interpreted. With regard to the chosen method, causal cases are placed in historical contexts. The second part of the work dealt mainly with sports organizations, which were the initial impulse to write this...

This dissertation examines the idea of constitutionalisation of international law in light of concerns of fragmentation. It focuses on the dynamic of fragmentation in the international legal system. It shows that arguments about constitutionalism do not represent a remedy to the phenomenon of fragmentation. Consequently, the dissertation advances arguments of integrity of international law. Further, the dissertation examines new developments in constitutionalisation practices that support a normative, teleological approach to constitutionalisation in the international legal system. The dissertation offers insights on both the autonomy of the concept of international constitutionalism and the idea of fragmentation as a universally recognised characteristic of modern international law. It offers recommendations on how to address charges of fragmentation in international law in light of the dominant conception of modern international law.

Thesis on Reflection opinions of management schools in the development of the education system in the Czech Republic traces the development of Czech education from the perspective of headmasters of primary and nursery schools in Prague 8, who manages the school with legal personality. It deals with the major determinants moments - social transformation, economic reform, curriculum reform, legislative changes that affected the environment of Czech education over more than twenty years. Detailed mapping the environment through competence and responsibility, opinions, attitudes and actions insight into six areas - personal characteristics of school principals, education reform, curriculum reform, school culture and school cooperation with parents and pupils, the area professionally - personal development directors from the perspective of moral dilemmas that accompanied the work of directors for more than twenty years. KEYWORDS: Director, legal personality, curricular reform, curriculum, competence, responsibility

Imperfect Personality in Commercial Law Robert Pelikán Abstract In the theory of law, legal personality (the terms "legal person" and "legal personality" are used in this text in their continental sense, i.e. describing both non-human and human entities and their legal capacity) is usually seen as a simple quality having only values, true or false. The existing theories of legal personality were, therefore, trying to find such characteristics of legal personality, which will fully describe all legal persons existing in practice. Such an effort had to fail or, more precisely, the process of search for such a common denominator had to result in the disappearance of all the key characteristics necessary for understanding of the phenomenon of legal personality. The exploration of legal personality must hence begin with the finding that legal personality is not a quality having only values - true or false - but rather a full scale of values from nil to a (rarely seen) full legal personality, moreover appearing in many dimensions. In order to duly explain the phenomenon, the theory must not search for a common denominator of existing persons, but describe the concept of full legal personality and explain the consequences of imperfection of existing legal persons in any of such qualities. Those requirements cannot...

La personnalité juridique de la personne physique dure jusqu'à sa mort. Il convient de réfléchir au lien existant entre l'extinction de la personnalité juridique et le décès pour déterminer si la mort est la cause exclusive de cette extinction. Des éléments complexifient ce lien. La mort n'est pas un fait instantané, ce qui trouble la datation du décès. De plus, il est accordé une grande place à la volonté du défunt dans la dévolution successorale, et dans certains actes ayant des effets posthumes. Le défunt bénéficie aussi d'une protection. On observe ainsi une persistance post mortem de la personnalité juridique. À l'opposé, les règles de protection des majeurs diminuent la capacité juridique et opèrent un recul de la personnalité juridique de la personne avant sa mort. La théorie de l'extinction de la personnalité juridique au décès de la personne physique laisse apparaître de nombreuses anomalies qu'il convient d'étudier. / The legal personality of the natural person last until death. Consideration has to be given to the link between the extinction of the natural person and death to determine whether or not death is the sole cause of its extinction. Some facts make this link more complex. Death is not an instantaneous fact and thus disturbs the dating of death. Besides, great importance is given to the will of the deceased while managing his/her estate including in certain posthumous decisions. The deceased is also protected. We therefore note a post mortem existence of the legal personality. On the other hand, the rules relating to the protection of the adults limit the legal capacity and diminish the legal personality before death. The theory of the extinction of the legal personality upon death reveals several anomalies that must be studied.

This research focuses on the desirability and feasibility of allowing individuals to access the International Court of Justice when their rights under international human rights treaties have been violated. International law now recognizes individuals as its subjects and that from such recognition flows a right of access to international courts. Using the Inter-American and European Courts of Human Rights as models, it is examined whether the right of individual access supersedes the will of states, the arguments for and against a global human rights court and how the ICJ’s statute and rules could be changed to allow individuals a) to participate in the court’s proceedings and b) gain direct access to the court as parties. Individuals could have both locus standi before the ICJ if the Court modifies its procedural rules and jus standi, which requires not only procedural changes, but the modification of the U.N. Charter.

In the last four decades, one of the fastest-growing fields of research in economics has been the contractual theory of the firm developed in Coase’s (1937) footsteps. Yet despite what otherwise seems to be a genuine success story the question of the nature of the firm remains an empirical and theoretical challenge, painfully illustrated by the lack of consensus regarding the definition and boundaries of the firm. The argument of this thesis is that many thorny questions that plague the literature, including issues related to ownership, boundaries, and intra-firm authority, are due to the fact that contractual theorists of the firm have generally overlooked a key legal feature of the economic system, without which theories of the firm are like Hamlet without the Prince. An elementary institutional fact about firms and markets is that in order to become a fully operational firm in a modern market economy, an entrepreneur or an association of resource owners need to go through a registration or incorporation procedure by which the legal system creates a separate legal person or legal entity in which ownership rights over assets used in production are vested, in whose name contracts are made, and thanks to which the firm has standing in court. With this assignment of legal personality, the legal system creates the efficiency-enhancing nexus for contracts that literally carries the organizational framework of the firm, and secures its continuity by locking-in the founders’ committed capital, thereby allowing them to pledge assets, raise finance and do business in the firm’s own name. Given the basic principle that only legal persons may own property and have the capacity to contract, and the implication that legally enforceable contracts can only exist between legal persons, it is something of a paradox that the notion of legal personality is absent from the prevailing narrative in the contractual theory of the firm. The thesis examines the reasons behind this state of affairs, and identifies alongside the widespread view among economists that firms can be defined with little or no reference to law, particularly statutory law, the lasting influence of Jensen and Meckling’s (1976) ambiguous dismissal of legal personality as a legal fiction that unavoidably leads to misleading reification. In order to disentangle the issues involved, the thesis puts this argument into historical perspective, and suggests that much can be learned from the corporate personality controversy that in the past has addressed the same questions. As the overview of the history of this debate reveals, the category mistakes that Jensen and Meckling presented as inevitable can be easily avoided once the meaning and functions of legal personality are properly understood. The thesis dispels enduring misunderstandings surrounding the notion of personhood, and proposes a legally-grounded view of the nature and boundaries of the firm that recognizes in law’s provision of legal entity status a fundamental institutional support for the firm while fitting the overall Coasean narrative.