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The initial focus of the thesis is on Ireland, a small militarily neutral state, but one with a long tradition of contributing to peacekeeping operations. Despite its significant contribution to peace support operations to date, there is little research on the past and future implications of this for Ireland. This thesis seeks to address some of the key legal and political issues confronting Ireland, and to provide a unique perspective on the dilemmas and problems confronting many small states of the UN in the post cold war era. The thesis uses two case studies, Somalia and Lebanon, to conduct a comparative analysis of traditional peacekeeping and that of peace enforcement The conduct of UN forces in Somalia, and the outcome of the UN mandated operations there, had a profound effect on the willingness of states to support UN peace support operations in the post cold war period. UNOSOM II was one of the most ambitious and controversial multidimensional operations ever mounted by the UN. It reflected the optimism associated with the dawn of a 'new world order' and an effective Security Council. The UN operation in Lebanon (UNIFIL), in contrast, was a less ambitious traditional peacekeeping mission, but it too was controversial and the Force encountered serious difficulties implementing the apparently more straightforward mandate. Both operations show that whatever the nature of a peace support operation, its role and effectiveness is dependent upon support from the Security Council. Without political support and adequate resources, especially at the time of its establishment, a UN force remains at the mercy of the parties to the conflict. Both operations also highlighted serious difficulties that arise in the command and control of UN peace support operations, although the larger more complex UNOSOM II mission presented significantly more serious dilemmas in this regard. These problems are often exacerbated by deficiencies in the municipal laws and domestic political concerns of contributing states. An important distinguishing feature between traditional peacekeeping operations and that of more robust peace enforcement operations is the policy regarding the use of force. Nevertheless, both Lebanon and Somalia presented remarkably similar difficulties regarding devising and adopting appropriate rules of engagement, and the differing interpretations of what action justified the resort to, and the degree of force deemed appropriate in a UN multi-national operation. The thesis seeks to draw lessons from the experiences of UNIFIL and UNOSOM in regard to these and related issues. The matter of the applicability of international humanitarian law to UN forces was also relevant to both sets of operations. Despite the recent adoption of the Convention on the Protection of UN Personnel, and a Secretary-General's bulletin on the applicability of humanitarian law to UN forces, the situation remains unsatisfactory.

In the early 21st century, the private commercial space transportation industry demonstrated that commercial human space flight is both technologically and economically feasible. In 2004, the United States Congress responded by passing legislation authorizing the Department of Transportation to license and regulates commercial human space flight. / This thesis examines and assesses the U.S. commercial human space flight vehicle licensing and regulatory law. Tort liability is inextricably linked to the success of the commercial human space flight industry and to that end this thesis provides an analysis of U.S. tort liability law in the event of a commercial human space flight vehicle accident.

This study analyses Intellectual Property Rights related to space activities and Space Law. The potential contradictions between these two laws are of specific interest. Besides the different approaches on which their legislation has been established, the increasing role of private companies as space actors calls for the adoption of a strong legal framework for Intellectual Property. / The issue of Intellectual Property Rights in outer space will be examined within the first Part, with a focus on Patent Law. The second Part explores the specific rules contained in the International Space Station Intergovernmental Agreement, on Intellectual Property and exchange of data and goods. Although there is some legal mechanism, no protection capable to meet the space industry's current and future needs.

Deregulation, globalization, and commercialization are drastically changing the space industry. But commercial space activities entail considerable risks. This thesis is primarily an analysis of the risks that private entities in the space industry need to manage in order to be commercially successful. Due to the trend towards a buyer's market, satellite manufacturers increasingly have been forced to accept risks that do not fall within their traditional core business. Consequently, manufacturing companies become risk managers for a variety of legal space risks. Therefore, the legal framework for the commercial management of legal risks is analyzed and solutions to identified problems are offered. This thesis studies trends in contemporary risk management practices in the private sector, which is dominated by market forces. It is argued that risk management of legal issues should form an integral part of overall space project management, the rationale being that losses in any phase of space activities, while certain to occur, are uncertain in time and scale. This thesis, therefore, scrutinizes legal risk management throughout the life cycle of space projects. Few space applications have become commercially viable. Today, satellite navigation provided by the U.S. GPS is widely used, especially because it is free of direct charges. In Europe, a competing system, Galileo, is being developed. It will provide users with different service levels, ranging from free services to more reliable and accurate navigation services. As this system has both, public and commercial benefits, the industry is expected to participate in a Public Private Partnership for the Galileo satellite constellation. This thesis makes specific proposals to manage the legal risks of the Galileo project. At the same time, the allocation of legal space risks between the various parties is studied. The thesis of the author is that the management process, which is used to control technical space risks, can provide satellite manufacturers with a supportive analogy for dealing with legal space risks. Risks will be studied for all project phases of Galileo, i.e., the feasibility study, the establishment of specifications, development, manufacturing, the launch, operations, replenishment, and the final disposition of satellites.

Space technologies are becoming increasingly indispensible for modern societies and militaries around the globe, through a heightened dependency on satellite based services. At the same time, anti-satellite weapons are being developed and tested with the capacity to attack and destroy a satellite with precision. In the light of this development, the legal uncertainty on what rules apply to belligerent use of force in the realm of outer space is problematic. Since dual-use satellites do not enjoy explicit special protection in international law, it is relevant to clarify what legal protection they do hold, being objects enabling indispensable societal services. Would state practice and hostile space conduct prevail clarification, a fatal international custom might develop, and the difficulty of reaching agreements regulating attacks on satellites, along with other hostile behavior, enhanced. The purpose of this thesis is to investigate what the current frameworks of space law and international humanitarian law provide in terms of restraints to states’ legal possibilities to attack dual-use satellites in times of armed conflict. It is concluded that both frameworks do hold restrictions respectively. Though, the need for regulation is still evident in order to achieve a clear and foreseeable legal reality along with a sustainable future of space exploration where international peace and security can be maintained.

This thesis seeks to answer the question of how can insur-gent networks of/networked jihadist violent non-state actors be legally conceptualized, what limits are imposed by international and US domestic law on campaigns against such networks, and do those limits allow for effective and legitimate counter-terrorism? It will employ a basic interdisciplinary research de-sign, as defined by Mathias Siems, which uses a legal research question as a starting point, but relies on insights from other disciplines to reach an informed analysis. The thesis will first establish the insurgent nature of ji-hadist groups such as al Qaeda and the Islamic State by taking the claim of their desire to re-establish the Caliphate seriously. It will establish that 'jihadist international relations' — as op-posed to the broader notion of Islamic international relations — divide the world into the dar al-Islam, the world of Islam, and the dar al-harb, the territory of war, which are in a perpetual state of war. It will show that the attempts to pursue this in-surgent aim are increasingly carried out by affiliate organiza-tions. It will then move on to address the gap in the legal litera-ture, which relates to the problem inherent in the United States' 2001 Authorization of Use of Military Force (AUMF), which authorizes the use of force against al Qaeda and increas-ingly groups connected to it, but does not provide a mechanism to legally conceptualize when such groups are covered by the AUMF. It will put forward a legal framework to conceptualize re-lationships between the al Qaeda and Islamic State core groups and their affiliate and associate organizations by drawing on Is-lamic principles of statehood and by drawing an analogy to es-tablished principles on the responsibility of states and interna-tional organizations for wrongful acts. It will argue that affiliate organizations, through offering an oath of allegiance, become de jure members of the overall network and that attribution of their conduct to the overall network should therefore not de-pend on the level of command and control exercised. Actions of associate groups, on the other hand, should only be attributable to such groups if they exercise overall control. The thesis will then move on to investigate the use of force against affiliate organizations under the jus ad bellum, arguing that such of force is possible in self-defence and with the con-sent of the host state. It will establish that states that become the victim of an armed attack can use force if the host states is unable and unwilling to suppress an imminent armed attack by such groups, and that states can, in certain circumstances, rely on the accumulation of events doctrine, provided that such at-tacks are carried out by members of the same network. It will furthermore argue that the jus ad bellum's necessity require-ment should be understood to mandate non-lethal responses, which the thesis refers to as extraterritorial law enforcement, in certain circumstances. The thesis will then move on to the jus in bello. It will reengage with the idea of a "global" armed conflict frequently invoked by the United States. However, the thesis will argue that such conflicts do not encompass the entire globe, but are, in line with the Tadić decision of the International Criminal Tri-bunal for the Former Yugoslavia, limited to the territory under the control of a party to this conflict. It will then draw heavily on US case law to establish when individuals are part of such organizations, and on principles of the law of armed conflict to establish when strikes against those members are lawful. Finally, it will establish the possibility of extraterritorial law enforcement against such organizations, which refers to extra-territorial operations that have the primary aim of apprehend-ing individuals suspected of unlawful activity, or contribute to such operations, for the purpose of criminal prosecution. It will be stablished that such operations are lawful in self-defence for the purpose of preventing an imminent armed attack and that US law does not put up any significant obstacles for prosecuting individuals brought to the United States in such a manner.

A presente tese de doutorado objetiva estudar a problemática da extensão vertical da soberania estatal, acima da superfície terrestre, baseada na compreensão do território do Estado como espaço tridimensional. Se não há risco de conflito de jurisdição no sentido do subsolo, o mesmo não pode ser dito em relação ao espaço aéreo que, a partir de determinada altitude, até o momento não definida, dá lugar ao espaço ultraterrestre. De acordo com a Convenção de Chicago, de 1944, os Estados exercem soberania absoluta e exclusiva sobre a coluna de ar que se ergue acima de seus territórios. Por sua vez, o Tratado do Espaço, de 1967, dispõe que o espaço ultraterrestre não pode ser objeto de apropriação nacional por qualquer meio. Não obstante, a fronteira que distingue estes dois regimes jurídicos imiscíveis, após mais de 40 anos de discussões diplomáticas, continua em debate. No âmbito do Comitê das Nações Unidas para Uso Pacífico do Espaço (COPUOS), verificam-se duas teses em relação ao tema: a primeira, do grupo de países que recebeu a denominação de espacialistas, defende a demarcação de fronteira entre território aéreo e ultraterrestre, de forma clara, com base em critérios científicos ou acordados de comum acordo; a outra, daqueles chamados funcionalistas, entende ser desnecessária ou impossível a fixação de limites, de modo que as atividades realizadas nesses territórios deveriam ser analisadas conforme seus próprios objetivos. O impasse entre essas duas escolas de pensamento contribuiu para o estabelecimento de uma realidade contraditória: o espaço ultraterrestre, de fato, constitui a fronteira final dos territórios estatais, que, embora finitos, estendem-se verticalmente, acima da superfície, de forma indefinida. Destarte, apresenta-se tese favorável à delimitação da fronteira entre espaço aéreo e ultraterrestre, mediante tratado internacional, que igualmente inclua regras aplicáveis a direito de passagem de objetos espaciais durante fases de lançamento e reentrada, respeitando interesses do Estado territorial / This PhD thesis intends to study the problems related to the vertical extension of national sovereignty, above the Earths surface, based on the understanding of the State territory as a tridimensional space. If there is no danger of conflict of jurisdiction downwards, in direction to the subsoil, such reasoning does not apply in relation to the air space, where, from certain altitude, still undefined, gives place to the outer space. In accordance to the Chicago Convention, of 1944, States hold absolute and exclusive jurisdiction related to the column on air that arises above their territories. On the other hand, the Outer Space Treaty, of 1967, establishes that the outer space cannot be subjected to national appropriation of any kind. Nevertheless, the frontier that distinguishes these two immiscible legal regimes, after more than 40 years of diplomatic discussions, remains in debate. On the United Nations Committee on the Peaceful Uses of Outer Space (COUPOS), it is possible to identify two approaches related to the subject matter: the first, of the group of countries recognized as spatialists, defends the demarcation of the frontier between air space and outer space, in a clear form, based on scientific or commonly accorded criteria; the other, of the ones called functionalists, sustains that the delimitation is unnecessary or impossible, and, therefore, the activities performed in those territories should be addressed in accordance to their own objectives. The stalemate between those two schools of thought contributed to a contradictory reality: outer space constitutes the final frontier of national territory, which, even though finite, extends vertically, above the surface, in an undefined form. Therefore, it is hereby presented a thesis in favor of the delimitation of the air and outer space frontier, by international agreement, that also includes rules applicable to right of passage of space objects during launching and reentry phases, respecting the interests of the territorial State

It is 150 years since the establishment of the International Committee of the Red Cross (ICRC), following Henry Dunant’s experiences during the aftermath of the Battle of Solferino. It is 100 years since the commencement of the Great War: if we think about a ‘traditional’ battlefield, what images come to mind? Perhaps one imagines soldiers in uniform, tanks, guns and trenches. Do the emblems of the International Red Cross and Red Crescent Movement (IRCRCM) feature in the imagined conflict scenario? Now imagine the conflicts happening today in, for example, Syria, Mali, Democratic Republic of Congo (DRC) and Ukraine. In these conflicts, soldiers mingle with civilians in towns, armoured vehicles and open backed trucks transport non- uniformed soldiers between conflict areas and weapons include, amongst others, improvised explosive devices, suicide bombers and sexual violence. Nevertheless the emblems of the IRCRCM continue to emblazon the uniforms of medical personnel and their equipment, vehicles and aid boxes. What consequences do the changes in the nature of armed conflicts have for the ICRC? The human consequences of conflict and the presence of the ICRC has been a constant for 150 years, but the needs of the population and the types of violence continually change. Indeed, since the creation of the ICRC in 1863, the methods, means and actors in conflicts have changed, but so has the practice of the ICRC. This thesis considers the legality of such developments. The ICRC is, perhaps most significantly, the self-entitled, ‘guardian’ of international humanitarian law (IHL) and a neutral and independent entity. This thesis considers the activities currently undertaken by the ICRC in the name of ‘humanitarianism’. It addresses whether a strict interpretation of the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and Statutes of the ICRC would show that it is, as an organisation, usurping its mandate and principles. It also takes into account the ‘ICRC Study on Customary IHL’. The thesis examines the issue of whether the ICRC is an organisation with International Legal Personality (ILP) and, if so, whether it has legitimately extended its role beyond that provided in the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and the Statutes of the IRCRCM. More broadly therefore the thesis examines the relationship between the ICRC and international law, including IHL, jus ad bellum and international human rights law (IHRL). One unique contribution made by this thesis is to undertake a substantial analysis of the meaning and implementation of humanity, which is a principle of the IRCRCM. The IRCRCM definition of the principle of humanity is: The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect human life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all people. Chapter five of the thesis shows that emerging concepts in the latter part of the twentieth century, in particular sovereignty as responsibility, human security and the Responsibility to Protect (RtoP), are indicative of a development within the international community which identified the plight of individuals within sovereign States as relevant to the international community at large. In particular, the ‘humanity’ and humanitarian needs of people living within states, in particular during and after conflict, became part of international discourse. Humanitarian assistance is no longer restricted to the provision of aid to soldiers. The idea of inhumanity in internal armed conflicts also gained traction on the international stage. It is evident from recent conflicts such as Libya, Syria and Ukraine that international willingness and ability to respond to such situations varies considerably. This thesis, therefore, considers whether the ICRC is able to reach people on the ground in a way that more politicised actors, such as the UN, are not. It considers whether there is a case to be made for a humanitarian approach to protection during, and after, armed conflict? Is the ICRC capable of reaching individuals and communities in a promising and effective way? Has the ICRC had to adapt its humanitarian assistance and protection roles to adequately respond to the changing nature of armed conflicts? These questions permeate the analysis of the mandate of the ICRC and its current work, which is undertaken throughout this thesis. Critically, this thesis dedicates a chapter to analyse what ‘humanity’ means today. In much literature humanity is considered in terms of IHL, which, it is argued, provides a limited definition of such. Likewise, much literature on the ICRC centre’s on its links to IHL. The ICRC often forms a subsection of a chapter on IHL or is viewed through the lens of IHL. This thesis goes further than traditional accounts of the ICRC, as it presents the ICRC as key actor in the long-term protection and assistance of individuals and communities suffering through and trying to recover from armed conflict. It addresses the question of how to interpret ‘humanity’ and whether, perhaps, there is a case to argue that it can and should be interpreted more broadly, given the influx of human focused concepts to emerge since the end of the Second World War. This thesis focuses on sovereignty as responsibility, human security and Responsibility to Protect (RtoP) as key examples of such, as they all relate to humanitarianism. Their specific links are considered in detail in chapter five. Teitel published ‘Humanity’s Law’ in 2011 which reflects on issues similar to those contained in this thesis. However, much of Teitel’s analysis remains grounded in ‘black-letter’ law, whereas this thesis is taking a socio-legal approach and focuses on the law and practice of the ICRC. Humanity’s Law, as a concept, is very close to this Author’s interpretation and understanding of international law and the international legal order, and, as such, it is imperative to refer, throughout the thesis, to ideas put forward in ‘Humanity’s Law’. In terms of existing literature and academic argument on the matter of ‘humanity’, Teitel provides a comprehensive analysis of case law and theory. In addition much literature on the ICRC dedicates a passing comment to the Principles of the IRCRCM, which include ‘humanity’. Sovereignty as responsibility, human security and RtoP are reflective of a shift away from a state-centric model of the international legal order. There is increasing awareness and political will in terms of the plight of vulnerable populations in need. The key for this thesis is whether the ICRC mandate and practice are reflective of the developing notions of humanity, that is, is the ICRC ‘buying in’ to security or interventionist interpretations of humanity? Or, which would be a much more daring conclusion to draw, is the ICRC actually ‘feeding’ the development of ‘humanity’ as a concept which is, in turn, permeating international legal discourse more broadly? The traditional theory of human security, as proposed by the United Nations Development Programme in 1994, considered economic, food, health, environmental, personal, community and political security to be of consequence to the people living in conflict and other insecure environments. These types of security were seldom prioritised in traditional security paradigms, which focused on national security. This thesis considers human security to be of continuing importance to people on the ground during and after armed conflict and other situations of violence. For people trying to rebuild their lives, family life, food, health and community security are as important, if not more important, than the maintenance of territorial borders. In this regard, it considers the work of the Economic Security (EcoSec) Unit, which assesses needs at household level in order to obtain first-hand local information. This thesis required the undertaking of interviews with ICRC delegates at the headquarters in Geneva. The literature in this area is somewhat limited and that which is produced comes predominantly from the ICRC. It was necessary therefore to undertake empirical research to provide an original contribution to research in this field and to comprehensively address the research questions of this thesis. Finally, this thesis uses a case study of the ongoing conflict in the DRC to examine the activities of the ICRC and shows how, and to what extent, the changes within the ICRC practice are impacting people on the ground. The case study was also informed by the interviews.

Title of the thesis in English Article VI of the Outer Space Treaty and its implementation in Czech Republic Abstract This thesis deals with the international responsibility of the state for national activities in outer space, and more specifically with issues related to such responsibility as the interpretation of Article VI of the Outer Space Treaty and its implementation in national legislation, especially in the Czech Republic. The aim of this work is to comprehensively describe and then analyse the legal regime of space law, focusing on Article VI of the Outer Space Treaty and its effects on legal regulation in the Czech Republic. The first and second parts of the thesis present the general theory and development of space law, together with the presentation of the responsibility of the state under international public law, and in this case also subsequently described with reference to space law. The third part of the thesis focuses on the creation of Article VI of the Outer Space Treaty and analyses its provisions. It raises its issue, in particular, the vagueness of the terms contained in the article and this, consequently, constitutes a difference of interpretation of that article. This part also addresses the links of Article VI to Articles VII and VIII of the Outer Space Treaty. The fourth part...