Jurisdictional Aspects of Repression of Piracy The purpose of this thesis is to analyse the jurisdictional aspects of repression of piracy in modern international law. The main reason for my research was to find out, whether there were sufficient legal instruments to be used while fighting piracy off the coast of Somalia. The thesis is composed of an introduction, five chapters and a summary. After an introductory chapter, which sets out the goals of this thesis, chapter one gives a brief insight into piracy's role throughout the history and shows the main causes of the Somalia piracy crisis and the answer of the international community. Moreover, this chapter explains that while piracy off the coast of Somalia seems to be a problem of the past, new piracy epicentre seems to have emerged near the coasts of Nigeria. Chapter two gives a deeper insight into the problem of defining piracy. It gives examples of the different definitions as used in various legal and also supporting documents and further follows up on the definition of piracy iure gentium as is stipulated in the UN Convention on the Law of the Seas. Chapter three sets out the theoretical grounds for asserting jurisdiction. At first, it concerns itself with territorial jurisdiction, as the most common and well established base, and after...

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IN ENGLISH Jurisdiction and Admissibility in the Czech Republic's BITs The purpose of this work is to assess whether the high number of investment cases the Czech Republic had to face was partially prompted by wordings of Czech Republic's BITs. The work focuses on clauses that pertain to jurisdiction of tribunal and admissibility of claim, as these are the first questions that are raised in every proceedings. The work consists of six Chapters. The first Chapter is introductory and outlines the issues that will be examined. The second Chapter defines the terms 'jurisdiction' and 'admissibility' and explains how the concepts relate to provisions of BITs. The third Chapter is dedicated to topic of treaty shopping. It explores cases against the Czech Republic where the issue of treaty shopping was raised, analyses the argumentation and provisions that were used in each case together with similar provisions contained in other Czech BITs, and suggests changes that should be made in order to make the clauses more effective against treaty shopping. The fourth Chapter examines the instance of parallel proceedings commenced against the Czech Republic. In a structure similar to the previous Chapter, it firstly analyses the awards and the BITs that were used together with the rest of the Czech BITs. Finally it...

The aim of this study is to serve as an introduction to the legal issues dealing with the presence of foreign states' armed forces in the territory of the Czech Republic and in any other receiving states' territory. Czech Republic has ultimate sovereignty under international law. It has supreme independent authority over her geographic area and is only restricted by the sovereignty of other states, international law itself and by freely accepted commitments. Chapter One is introductory and defines how as a consequence of its status as a sovereign state, Czech Republic joins international and supranational organisations and is part of many bilateral and multilateral security agreements. Such acts of its free will serve as a complex system of security measures that every state needs to undertake in order to secure its geographic area and its population. National security and safety is linked to international peace and security. One without the other cannot exist. Due to rapid developments and globalised world, the threats to states' security has changed. Nowadays, states need to face not only military threats, but non-military threats as well, such as economical, environmental, social or political challenges. States use multiple instruments for the purpose of overcoming these threats. One of the...

The thesis deals with topic of universal jurisdiction with an emphasis on British House of Lords' decisions in case of former Chilean president Augusto Pinochet from years 1998 and 1999. Universal jurisdiction enables to prosecute crimes committed abroad by persons, who at time of such commission were neither the citizens of state in question nor the permanent residents of the state. It is expression of an idea, that it is common interest of the whole international community to prosecute the most serious crimes under international law, irrespective of any link to the prosecuting state, because such crimes relate to the whole international community and not only single state. The first chapter of the thesis deals with national criminal jurisdiction, whose comprehension is necessary for further understanding of universal jurisdiction. The universal jurisdiction is the main topic in the second chapter, in which I outline a brief history of the concept, mention application of the universal jurisdiction in case with Adolf Eichmann in Jerusalem, and try to find out where the importance of universal jurisdiction lies or what the main alleged disadvantages and risks are as well. My further concerns are the scope of universal jurisdiction, that is the crimes that are subjects to its application, universal...

INTERNET BUSINESS TRANSACTIONS WITH AN INTERNATIONAL ELEMENT The recent developments in technology have raised new forms of electronic communication and business strategies on the Internet, in particular the direct e-commerce operated through dynamically generated websites. As a consequence, the suitability of traditional legal norms has been challenged, including the rules governing jurisdiction. The law therefore tries to respond by adoption of new legal concepts and principles or adaptation of the old ones. One of them is the concept of directing business activities, which was incorporated into EU law in relation to the special jurisdictional rules protecting the consumers of the member states under the Brussels Regulation. Accordingly, the aim of the thesis is to characterize the nature of the concept of directing business activities under the article 15 of the Brussels Regulation, as well as to identify the relevant criteria as to its fulfilment, all in the context of the disputes arising from the consumer contracts concluded as a result of the business activities directed towards the consumers of a member state on the Internet. The first section of the thesis deals with the traditional basis of the state's sovereignty and jurisdictional rules, whereas the second section identifies the specific nature...

This master thesis is dealing with Czech Grandpriory of the Sovereign Order of Malta in the Time of Prior Michael Ferdinand Althann. It tries to describe the administrative development of the Order from the Middle Ages till the 18th century. The first part of Master thesis is mentioned the history of the order on the world either to the territory of the Czech crown and the closer position, structure and functioning of the various departements of the order. The second part is interested in about Frá Michael Althann, Maltase Grandprior (1767 - 1789), his is military career and spiritual. Powered by TCPDF (www.tcpdf.org)

in English Title: Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts A subject matter of this thesis is analysis of current law and judicial practice in field of review of decisions of administrative bodies in cases of administrative delicts. In introduction of the thesis the author briefly sums up the historical development of the administrative jurisprudence and the influence of international regulation and judicial decisions of the international courts. The author describes and analyzes international requirements on deciding in full jurisdiction and relevant law in the Czech Republic. In this context, the author briefly analyzes the current and relevant law in Germany and Poland. The thesis analyzes whether the Czech law meets the requirements on deciding in full jurisdiction of not. The author describes chosen particularities of law regarding the judicial review of administrative delicts and the influence of judicial decisions upon the limits of the relevant law. The thesis further analyzes judicial decisions and its influence upon possible extension of protection of offender of administrative delict. The author further considers and analyzes court's right to moderate the punishment, its legal scope and possible...

This Thesis deals with the Immunities of State officials, which arise under International law, from foreign criminal jurisdiction. The first goal of this thesis is to determine whether, and if so, under which conditions and in which cases can one sovereign State exercise its criminal jurisdiction over an official of another sovereign State. The second goal, closely attached to the first finding, is to determine whether, and if so, under which conditions and in which cases would such officials be protected and covered by the immunity and in which cases such immunity applies. The main task of this thesis is to analyse the current state of the application of immunities of State officials within the foreign criminal jurisdiction. These immunities are with regard to their different purpose and functions recognized in two diverse types - immunity ratione personae and immunity ratione materiae. The first chapter put emphasis on the criminal jurisdiction of foreign State in general and on its extraterritorial forms in particular. The exercise of such jurisdiction in some cases enables to prosecute and punish an official of a foreign State, who happens to be a criminal. The second chapter focuses on the concept of individual criminal responsibility and possible punishment of the criminal. The third chapter...

This thesis focuses on the issue of maritime pirate attacks prosecution. The proposal of the establishment of an International Piracy Court is connected to the growth of pirate attacks in the area of the Gulf of Aden off the borders of Somalia between 2007 and 2011. The Somali government was not able to suppress this threat to the international security and pirates often avoided trial. Other countries were not willing to prosecute pirates at their national courts. By that time the thought of the establishment of the new specialized international tribunal arised. The aim of this thesis is to evaluate if there actually is the necessity to create an International Piracy Court in the current local and global situation.