Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of this regulatory discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading schemes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This thesis shows that this view of emissions trading is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, establishing a governance regime aimed at substituting state control of common resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed. Second, the governance structures of emissions trading regimes are culture- specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading that feature in the literature and in debates involving law- and policymakers and the judiciary at the EU level. Ultimately, this thesis makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.

The thesis is concerned on the topic "Instruments of environmental protection in the Czech Republic". The environmental law knows some categories of instruments. Mostly they are divided according to the influence to the subjects, respectively if they have direct influence to subjects or not. First category of direct instruments is called conceptual instruments and includes group of plans, programs and other documents concerned on scheming in area of environmental protection. Second group of direct instruments is called administrative instruments. These instruments contain commands, prohibitions, permits and approvals. They also contain standards categorization and ecologically-legal liability. Third group of direct instruments is called voluntary instruments. These instruments contain voluntary agreements, environmental managements systems and eco-labeling. Last group of instrument described in this thesis are institutional instruments. They are concerned on system of institutions which have some competences in environmental protection. They are divided according to area of their competences or according to the kind of competences they have. Indirect instruments are represented mostly by the economical instruments. These instruments are divided according to the form of stimulation of subjects'...

This diploma thesis deals with the topic of principles of international climate change law. At the beginning of the thesis the issues relating to principles in general and their role in environmental law is briefly described. Then the topic of international regulation of climate change is presented in brief, including the analysis of actual conditions and a summary of the current situation. The next chapter in detail deals with the various principles which may be found in the international climate change law and its protection and which are typical for this area. Primarily, these principles include the principle of common but differentiated responsibilities, the principle of precaution, the principle of cooperation and sustainable development, and also other principles are briefly mentioned. The particular principles are at first introduced in general and subsequently their effects in the climate regulation area are analyzed, including also a brief evaluation of the principles and outline of the recent situation. Furthermore, certain de lege ferenda notions are introduced when appropriate.

The status of international courts in the area of environmental protection is gaining importance as well as the entire branch of international enviromental law, which is also demonstrated by the creation of many treaties and increasing number of entities solving the international environmental disputes. The right to a favorable environment in addition begins to be understood as a human right, which can be claimed at the international level. The courts handle disputes through judgements, but they also provide advisory opinions, impose provisional measures or obligations to cooperate with the other party, they often help to define legal principles. They contribute to the legal certainity and because of the persuasiveness of thein arguments, their jurisprudence acts similar to precedent. Although their decisions are usually not enforceable, the courts have such authority, that their decisions are respected without exception. The activities of international courts are irreplaceable and contributes to the development of environmental law. Powered by TCPDF (www.tcpdf.org)

The aim of the thesis is to analyse judicature dealing with environmental crime of Czech courts. The reason for my research is fact, that environmental crime is one of the most dangerous for all human kind and there is such a small attention paid to it here in Czech Republic. The thesis is composed of five chapters. Chapter one is introductory and lines out goals of the thesis, terminology and techniques used in the thesis. Chapter two provides an outline of relevant Czech case law. This chapter is subdivided into six parts. Each part looks at special kind of environmental crime such as cruelty to animals, poaching, illegal wildlife trade, forest damage etc. Chapter three concentrates on impact of criminal liability of legal entities on environmental crime. Chapter four examines the infrequency of environmental crime coming before the court. Conclusions are drawn in Chapter Five. Frequent changes of complicated legislation have crucial influence on fighting the blight that is environmental crime. Prosecuting authorities are not motivated to prosecute the environmental crime because of light sentences. Czech courts also sometimes tend to legal positivism which brings out controversial judgements, especially in combination with poor-quality legislation.

v anglickém jazyce This thesis characterises legal regulation of plants and animals protection. In the last decades, there is an increasing loss of biological diversity, which mainly results from human activities. It is therefore necessary to create legal measures that will eliminate the causes of threats to biodiversity and prevent the loss of animals and plants. The purpose of my thesis is to analyse some of the selected most important measures. The thesis is composed of four chapters. Part one describes biological diversity of the Czech republic and the causes of threats to biological resources. Chapter two examines relevant legislation and main approach to legal protection. Part three concentrates on the selected most important legal measures, which are subdivided into conceptual, administrative, economic and voluntary measures. Chapter four describes the conclusions.

This thesis aims to provide an insight into the legal rules governing viticulture and winemaking, and their historical development. Furthermore, the current legal and factual situation as well as the current issues associated with the legislation in these fields are more closely examined in the thesis. An anonymous questionnaire had been created and sent to a selected group of small and medium-size viniculturists and wine producers in the Slovacko wine subregion in order to supplement the research and its aim of presenting the current legislation from de lege ferenda point of view.

The thesis "Special crop production from the legal point of view" should be given a basic overview of the legislation of conventional agriculture, viticulture, hop growing, industrial crops and organic farming mainly from the perspective of Czech Law. The first chapter is devoted to conventional agriculture and highlights the importance of agriculture generally in the global context, refers to the basic conditions for successful agricultural production and provides an overview of the legislation of the Czech Agricultural Law. The second chapter highlights the specificity of viticulture and winemaking, which, together with the third chapter, that describes the hop growing, represent two separate and traditional crop production in the Czech Republic. The third chapter outlines the problems of industrial crops, especially energy, whose cultivation for energy purposes, as is clear from their very designation, is a relatively hot topic both with regard to the completeness of existing, the most used fossil fuels, while taking into account the conclusions of the research scientists, who put in the context of climate warming of the planet with excessive release of carbon dioxide into the atmosphere mainly by burning fossil fuels. The fourth chapter is devoted to organic farming, which I consider to be the...

This thesis deals with the criminal liability of legal entities in the environmental law. The new law on criminal liability of legal persons represents a big change in the existing conception of Czech criminal law. The first three chapters talk about basic concepts with which this thesis works. The Czech Republic is active subject in the field of international and EU law, therefore the following chapter is dedicated to the legislation of this issue in international and EU context. Chapter seven of this thesis direct talks about current Czech legislation of the criminal liability of legal entities. The chapter describes the historical development and current condition of the law of the Czech Republic and comparison of Czech and Austrian legislation. The end of this thesis describes the characteristics of several crimes against the environment, which, according to current legislation, legal entities can commit.

This thesis explores selected principles of environmental protection. First, a general introduction to the topic of legal principles is given. It is followed by a description of the approach taken in international environmental law and the environmental law of the European Union. Subsequently, this paper focuses on a theoretical analysis of these selected principles: (i) principle of sustainable development, (ii) preventative principle, (iii) precautionary principle, (iv) polluter pays principle, (v) principle of the highest value, (vi) principle of a high level of protection and finally, (vii) principle of access to information and of public participation. The main attention is paid to the situation in the Czech Republic. The aim was to provide an analysis of the principles of environmental protection in statutory provisions, and of their application by the Czech courts (the Supreme Administrative Court in particular). However, also a brief comparative description of the Austrian approach to the discussed topic is given. Finally, the research results are discussed and conclusions concerning the effectiveness of the environmental principles application are drawn. In order to improve the current situation, several recommendations de lege ferenda are listed. The principles of environmental protection...