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Legal regulation of climate engineering Abstract Although climate engineering offers a tempting solution on how to easily avert the threats of climate change, it is a risky and ethically questionable solution, and it brings a whole series of challenges and questions for the legal system. Few sources of foreign scientific literature are dedicated to this topic. Also, some of the Czech diploma theses are devoted to the field. None of them deals with legal aspects of it. Currently, there are several non-binding international documents that directly address climate engineering, and some legally binding instruments are relevant. So far, however, no legally binding instruments that would explicitly regulate this discipline were established. However, some guidance is provided by existing international environmental law treaties and general principles of international environmental law. On the basis of the available literature and legislation in force, the aim of the work was to answer some questions that arise in connection with climate engineering, i.e. whether an environmental impact assessment mechanism can be used for the approval process, how liability should be assessed in the event of cross-border damages caused by a climate engineering project, on what ground would states resolve potential disputes arising...

Evolution of climate litigation in European context, abstract This diploma thesis deals with the evolution of climate litigation in the European context. The aim of this paper is to describe and map the institute of climate litigation as a whole, to describe its types based on different standpoints and aspects and to describe the historical development of climate litigation in the world and in Europe. This paper further describes five leading cases of European climate litigation in detail. The cases of Urgenda Foundation v. The Netherlands, Neubauer v. Germany, Notre Affaire à Tous v. France, VZZ Klimaatzaak v. the Kingdom of Belgium, and the case of Milieudefensie v. Royal Dutch Shell PLC were thoughtfully chosen based on their connection and the impact they had on climate action in their respective countries. To finish, this thesis aims to find answers to several legal questions concerning climate litigation by comparing those described climate cases. The main methods used in this diploma thesis were the research of legal literature, case law of foreign courts and legal regulations. The conclusions of this paper were gained by analysis of information and subsequent use of different methods of interpretation. This diploma thesis is divided into an introduction and a conclusion and three main chapters, some...

The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...

1 Abstract Legislation for waste management from the trader's point of view The diploma thesis deals with the legal regulation of waste management from the perspective of the trader with regard to Act no. 541/2020 Coll. on waste and Decree 1013/2006 in the case of cross-border shipments of goods. The main objective of this work is to provide a comprehensive analysis of the relevant legislation de lege lata. The first chapter is devoted to waste management and the sources of legislation at the international, European and national levels. The second chapter specifies the basic concepts of waste management relevant to the trader. In the third chapter, the author approaches the subjects of waste management, with which the trader can get in touch in his activities and relationships. The fourth chapter, which together with the fifth chapter forms the focal point of the work, deals with the trader, whereas the author first enshrines the role of the trader in waste management by discussing the motivation to trade in waste, and further defines the waste trading itself. This chapter describes the procedure of the regional office, the result of which is the issuance of a waste trading permit for a certain type and category of waste. The work also creates space for comparison with the institute of waste management...

Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...

266 Protection of Invertebrates in the Legal Regulation of the European Union Abstract In recent years, studies on the population trends of insects and other invertebrates reported widespread declines most pronounced in intensely developed regions, such as Europe. The likely causes include various activities of the industrial society, including agriculture, urbanisation, forestry, and commercial fishing. Most of these activities are governed by, inter alia, legislation on the EU level. This thesis argues that even though there are no completely white spaces in the EU law and relevant legislation addresses most of the important areas of invertebrate conservation, the current legislation is not comprehensive and inclusive enough. The arguments for this conclusion are derived from the analysis of the current EU legislation in the face of the biological context of invertebrates. In Part I, the contextual framework for the analysis is built up by outlining the presented problem of declining invertebrate populations. A short introduction to the taxonomy and ecology of invertebrates is followed by a summary of the environmental threats they currently face. The threats are matched to the corresponding EU legislation, thereby laying out the structure of Part II. The second part includes chapters on the relevant...

EU legislation against air pollution and its implementation in Czech law This thesis deals with legal regulation of air protection in the EU and its implementation into Czech law. The introductory chapter defines the basic concepts of air protection, including pollutants. The second chapter presents the EU's environmental competences and the EU's ability to enforce the law if it is violated by Member States. The third chapter analyzes the key tool of EU air protection - Directive 2008/50 / EC. The chapter first describes the EU's air protection policy and the reasons that led to the adoption of the directive in its current form. Subsequently, it contains a detailed analysis of the current wording of the directive and its implementation into Czech law. In conclusion, the chapter presents findings on areas where the requirements of the directive are not fully implemented in Czech law. The fourth chapter applies a similar approach to Directive 2016/2284/EU. After the initial introduction of the directive and its analysis, the way in which the requirements of the directive are implemented into Czech law is presented. In the light of recently issued documents of the Ministry of the Environment, it can be seen that national emission ceilings are currently being reached in the Czech Republic. The chapter also...

Limitations of the rights of the property owner for the purpose of nature and landscape conservation This degree work is focused on the limitation of rights of the property owner, which correspond to conservation of the environment, specifically nature and landscape conservation. In this degree work, one of the most fundamental themes considered is the method of maintaining balance nature and landscape conservation and conservation of property law in Czech law. Finding a way to maintain balance between these two interests is one of the important steps for long-term successful nature conservation. This part of the degree work is focused on the general regulation of limitation of property law, conditions for its limitation, distinction between internal and external limitations of property law and the related comparison of general and public interests. This analysis is supplemented by defining terms which are important for this subject area (for example the environment, property law, real estate). Another fundamental theme of this degree work is the analysis of concrete limitations affecting the property owner, which result from Act No. 114/1992 Coll. concerning nature and landscape conservation. This degree work contains a cross-sectional selection of individual limitations of property law, which are...

9 Legal regulation of wild animals in human care Abstract This diploma thesis deals with the legal regulation of wild animals in human care. It outlines the related terminology, legal resources and individual legal provisions that are relevant to the topic of this diploma thesis. It also defines specific ways of the treatment of wild animals, the possibilities of their acquisition into human care and breeding. The diploma thesis in detail analyzes selected entities that breed wild animals. That means rescue stations (specifically their care for handicapped animals), zoos, circuses (namely their training of animals), as well as entities that experiment on animals. For chosen entities, it deals primarily with their obligations under the wild animals legislation. The last part then deals with the issue of liability in relation to wild animals. In the context of civil liability, it means both damage caused by the animal and damage caused to the animal itself. The diploma thesis also deals with administrative offenses based on the Act on the Protection of Animals Against Cruelty and the Act on the Conservation of Nature and Landscape, as well as penalties that can be imposed under these acts. Regarding the criminal law, it then defines the individual related crimes and felonies. Klíčová slova: wild animals,...

Light pollution regulation alternatives Abstract This diploma thesis deals with the subject of light pollution, the harmful effects of artificial (anthropogenic) light on natural nocturnal environment. The issue was first brought up some decades ago by astronomers whose night sky observations started to be obstructed by sky glow - one of the three types of light pollution. But there are far more reasons to re-evaluate the way and intensity with which we illuminate our surroundings. The natural day/night cycle and the way it changes throughout the year regulates the timing of biological processes of almost all life on Earth. Its disruption affects the orientation, reproduction and development of most animal and plant species. Humans are no exception - night-time artificial light exposure can lead to sleep disorders, depression, cardiovascular diseases and even increases the prevalence of some types of cancer. The first chapter of this thesis focuses on the complexity of the issue that is light pollution. The rest of it deals with the possible ways of regulating it. Chapter two presents a summary of supranational efforts to minimize light pollution from all relevant fields, including the steps taken by the European Union so far. The third chapter compares the legal approaches of individual countries to the...

Environmental charges Abstract The aim of the diploma thesis is the introduction of environmental charges in the Czech legal system, their classification, analysis and evaluation in terms of their effectiveness. Environmental charges are among the most important economic instruments of environmental protection in the Czech legal system. Charges differ from taxes mainly in that there is some consideration associated with the charges. Environmental charges can be broken down according to various criteria. In the professional literature, the most common breakdown of environmental charges is the nature of their consideration, namely charges for pollution and other environmental burdens, charges for the use of natural resources and user charges. The diploma thesis examines the question of the extent to which environmental charges fulfill their functions, especially the most important function, namely the motivational function. The diploma thesis also touches on the question of whether the legal regulation of selected elements of environmental charges at the subordinate legislation is in accordance with the Charter of Fundamental Rights and Freedoms. Environmental charges have undergone a number of changes over their history. Most of these changes have contributed to greater environmental protection, but in many...

85 11 Abstract Deep Seabed Mining in the Area: Environmental Aspects of the Legal Framework The thesis focuses on the environmental aspects of regulation of deep-seabed mining in areas outside national jurisdictions, collectively referred to as the Area. Deep Seabed Mining (DSBM) is a potential future method of commercial extraction of non-renewable resources, metals and rare earths, collectively referred to as Minerals, conducted at depths between one and six kilometres below the ocean surface. Like all other mining operations, these activities would affect the surrounding ecosystems and the ocean environment as a whole, which is already under considerable pressure from other human activities. Effective protection of the marine environment therefore requires sophisticated legislative and policy framework to avoid irreversible and unacceptable consequences, including loss of genetic resources, biodiversity and deepening threats to climate stability. The diverse set of rules that govern the DBSM has been shaped over the last 50 years by various interest groups and under the influence of the latest scientific knowledge and technological developments. Its backbone are the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Implementation Agreement. The provisions of Part XI of UNCLOS...

Legal regulation of climate protection after the Paris Agreement adoption Abstract Since the early 1990s, most of the world countries have been cooperating to create a common climate protection system, which would be effective and would help to protect the Earth ecosystem for future generations without severe and irreversible changes. After more than 20 years of difficult international negotiations without any particular outcome, the ambitious Paris Agreement on climate change was adopted in December 2015. The main aim of this thesis is to evaluate whether the Paris Agreement is a suitable instrument for climate protection and if it leads to the goals set in it. The first part of the thesis analyses the international climate protection development previous to the Paris Agreement adoption. The thesis describes the development since the cornerstones of the climate protection, over the first meteorological conferences, to the adoption of the UN Framework Convention on Climate Change and the subsequent Kyoto Protocol. It deals with the Kyoto Protocol and disappointments caused by it. The end of the first part is devoted to the Copenhagen Accord, its specific status, and further development before the Paris Climate Conference in 2015. The second part deals with the analysis of the Paris Agreement itself, its...

Roads from the Perspective of the Environmental Law Abstract In this Thesis, in light of amendment of the Line Act which severely dampens the concerned authorities' means of protecting the environmental public interests, I present a brief introduction to the environmental protection legislation in relation to roads, road construction and road traffic, showing the state of related present-day legislation and means through which the environmental public interests are protected during the road construction process as of today. To this end, I present a brief description of negative effects of roads on the environment, i. e. environmental fragmentation, land annexation, pollution of land and air, noise and artificial lighting. Next, I am showing an in-depth analysis of means through which the Czech law deals with these negative effects and which means of protection against them it offers. I show the road construction process, means of environmental public interest protection in this process and administrative-legal acts through which the means of protection are applied. Here I mostly focus on the environmental public interests in environmental protection, limiting the environmental fragmentation and protection of land. Next, I present the current state of legislation dealing with the negative aspects of road...

This rigorosum thesis deals with the overall legal regime of lands, than not only the regime of their protection, but the main attention is paid to agricultural and forest lands. The main objective of this thesis is to approach the interrelationship between effective and previous legislation and their legal evaluation. In the publication is referred to proposed changes that could solve or at least mitigate the problems of the lawful legislation, and also is referenced to the case law of the courts, which helps to interpret unclear issues. Considering that the issue of lands is assorted into a complex system, the purpose of the thesis is to define the basic institutes of land law and try to remove the inconsistent regulation of soil protection in a number of legislation. The introductory chapter sets out the main objectives to be achieved in the thesis and also contains a summary of the motivational reasons that helped in choosing the thematic area. The second part, entitled "Overview of legal sources of land law", is devoted to individual legal regimes in the field of soil protection at the national, European and international levels, which it names and states their historical context. This chapter refers to the most important changes that have affected land law in connection with recodification....

Mobile sources, i.e. self-propelled or portable devices equipped with an internal combustion engine, are a significant contributor to air pollution and the regulation of air protection against pollution from these sources is an important part of environmental law. This area of law is currently evolving and changing very rapidly, as it is closely linked to a number of current issues, in particular climate change. The question posed by the diploma thesis is what is the current level of air protection against pollution from mobile sources in the Czech Republic, whether it is sufficient, and what is the possible development in the future. Therefore, the thesis contains a comprehensive analysis of current legislation, taking into account the various approaches by which the law seeks to regulate mobile sources and their operation, and includes topics such as introducing mobile sources to the market, regulating their operation, setting fuel quality requirements; further deals with legislation on alternative fuels and, last but not least, deals with legal instruments of air protection, which aim to maintain or improve air quality in a certain area in relation to mobile sources. Given that a significant part of the current legislation in the Czech Republic is based on international, and particularly on EU law, in...

Legal regulation of the NATURA 2000 network Abstract The aim of the diploma thesis is to analyse the legal regulation of the Natura 2000 network, namely its creation and its subsequent protection. Natura 2000 is the network that primarily serves to the protection of biodiversity on the territory of the selected protected sites, which is created by the member states of the European Union on their terriotory. The creation and the protection of the Natura 2000 network are based on two major regulations of the secondary EU law, specifically Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. To achieve the most comprehensive analysis of the legal regulation were used five main chapters, into them is the thesis divided. The first chapter introduces the concept of Natura 2000, it describes the purpose of this network and also the principles on which it is based. The second chapter describes the international legal regulation in relation to the Natura 2000 network, this chapter contains the list of international agreements that are also focused on the nature protection and with that they present the basis for Natura 2000 network. The third chapter relates to the EU...

The " Legislation for breeding animals" thesis gives overview of laws and regulations in this area. The respective legislation is included in many acts and regulations of public law, mainly the laws protecting animals from abuse. Some aspects of entrepreneurship and animal trade are included in private law. One part of the thesis covers international agreements and European legislation. Out of secondary European legislation the thesis discusses some regulations relating to the topic. The thesis also contains chapters on legislature concerning animal abuse, veterinary care and animal trade. It states differences in record keeping of farm animals and pet animals. The thesis also deals with animal trade, farming, breeding facilities and animal shelters. The thesis contains a chapter on competencies and the distribution of competencies among the authorities. There is a list of some competencies relating to the topic at every authority, with some authorities there are issues which are rarely addressed in publications (e.g. animal training licence or alternative dispute resolution for consumer disputes). The thesis also provides chapters on criminal acts and offences. Changes brought by act No. 114/2020 Sb. which changes the act No. 40/2009 Sb., Criminal Code, as subsequently amended, are described in...

This diploma thesis is focused on legal instruments of soil protection. Soil is one of the basic components of the environment and it is an integral part of it. Soil is a necessary prerequisite for humans and other terrestrial organisms' existence. In recent decades, however, soil is undergoing considerable degradation, mainly due to anthropogenic activity. Therefore, it is essential to ensure its protection. Law is currently probably the most effective tool to achieve this goal. This thesis contends the most important legal instruments for the protection of this component of the environment. This thesis does not mention all conceivable legal instruments for soil protection as this component of the environment represents the basis for any human activity and thus it interferes widely to many areas of branch of law. This thesis is divided into eight chapters. The first three chapters are focused on the general characteristics of basic and key concepts. The first chapter deals with basic concepts such as the environment and soil, then with a description of degradation factors that threaten and damage the soil. The second chapter deals with the general definition of legal instruments used to environment protection in Czech law. It includes, in particular, conceptual, administrative and economic tools....

Climate change has proven to be a real threat to human rights over the past years. The complex and layered link has been acknowledged, explored and nowadays it represents a justly feared aspect of climate change. Intentions of not only scientific, but also scholarly society has been therefore spinning around the question, how to stop the dangers stemming from the climate change and prevent further human rights violations. A climate litigation, born in the USA, and having spread the idea around the world seems to be one of the options to (partly) resolve the situation. The trend has been expanding over the past years and has become a phenomenon. Elderly, children and farmers take not only states, but also the biggest private emitters of GHGs known as Carbon Majors to court. The main objective of this thesis has been to discover the way to success in climate litigation cases based on human rights argumentation. The aim has been to generate an exemplary set of advices for drafters aiming at filing a climate lawsuit. Together with this question, the author had a particular interest in assessing the capability of human rights arguments to succeed on its own without additional support from other legal areas, such as tort law. The leading methodology used in this thesis was a comparison of legal arguments...

Records in the Land Register This diploma thesis deals with the institute of records in the Land Register, which, due to Act No. 89/2012 Coll., the Civil Code, underwent numerous changes that needed to be reflected in legal regulation of the Land Register. At the time of writing this thesis, it has already been 6 years since the recodification of the Civil Code and changes associated therewith. Thus, it is possible to evaluate the legal regulation of records in the Land Register in its whole complexity. The thesis is divided in five parts that analyse different aspects of this legal institute. The first part of the diploma thesis outlines the historical evolution of the evidence of real estate itself for better understanding of current legal regulation. The second part of the thesis is focused on current legal regulation of the Land Register, its essential principles of holding the Register and extracts from the Land Register providing information about the state of real estate. The third part deals with the subject of evidence, as not all real property is being registered in the Land Register. Regardless the general description, the contentious part of the issue based on legal regulation is being involved in the description of each real estate as well. The fourth part of the diploma thesis aims to...

Environmental protection against the harmful effects of human medicinal products Abstract Medicinal products help humanity, but can they be a risk for it? In recent years, the occurrence of their residues in the environment and their impact on it has been monitored. Their occurrence is found to be widespread. Despite the small concentrations in which they occur, they have been shown to affect, for example, aquatic organisms. The issue of residues of medicinal products in the environment is a current topic, beginning to be also addressed by the European Union. The diploma thesis presents the legal regulations of environmental protection against the adverse effects of human medicinal products; it evaluates their effectiveness and, contains proposals de lege ferenda. First, it outlines the issue and the extent of the occurrence of residues of medicinal products in the environment and their risks for it. Furthermore, the work deals with the legal process of registration of medicinal products regulated by European Union law, within which an environmental risk assessment is created. There are described the shortcomings of the risk assessment procedure, the lack of a link to it that would effectively protect the environment, and the non-disclosure of results, which violates the right to information of the...

Legal Regulation of the Placing of Hazardous Chemical Substances and Mixtures on the Market in European Union Environmental Law Abstract: The aim of the thesis was to explore the main features of the legal regulation of the placing of hazardous chemical substances and mixtures on the market in European Union environmental law, namely those features which significantly affect the achievement of a high level of protection of human health and the environment. In order to fulfil this aim, two regulatory regimes governing the placing on the market of substances and mixtures were analysed: a general one, mainly represented by the REACH Regulation (No. 1907/2006) and the CLP Regulation (No. 1272/2008), and a special one, where the Plant Protection Products Regulation (No. 1107/2009) was the object of analysis. The thesis first deals with general issues of the regulation of hazardous substances and mixtures: the role of private and public law, the phenomenon of the so-called proceduralisation of environmental law and the definition of basic terms (including a detailed analysis of the concepts of hazard, hazardous properties, risk and related terms). This general part is followed by an analysis of the most important legal institutions contained in the mentioned legislation (notably registration, evaluation,...

The presented thesis analyzes legal regulation concerning protection of nature and landscape in relation to climbing in the Czech Republic. The aim of the thesis is to create a comprehensive overview on legal aspects of climbing and its critical analysis. For these reasons the thesis attends to another activity closely connected to climbing which is movement of persons in free nature. Rights of owners of properties as one of the important private law aspects is considered as well. The key part addresses itself to legal regulation of climbing in specially protected areas which are important locations for the subject activity. Conclusions of the thesis are based on not only legislative and regulatory acts, but many administrative decisions and measures of general nature issued by nature conservation authority. The thesis is divided into six thematically intertwined chapters. These chapters pursue a definition of climbing, an identification of reasons for which law regulation is needed and mainly presentation and analysis of legal regulation and legal aspects of climbing including issues of responsibility according to both private and public law. The thesis may serve specialists in the field of law as source of information on the subject activity as well as on partial legal institutes of protection of the...

1 Abstract Legislation on transboundary shipments of waste This thesis focuses on the legal regulations of transboundary shipments of waste. The aim of the thesis is a comprehensive and systematic summary of the current legislation on cross-border shipments of waste in Czech Republic and an explanation of its individual institutes and regimes based primarily on Regulation No. 1013/2006 and Act No. 185/2001 Coll., on waste. The first chapter is dedicated to the historical development of regulation at the international level, where the Basel Convention and OECD Decision on the Control of Transboundary Movements of Waste Destined for Recovery Operations are discussed in more detail, as well as the historical development of regulation at the European and national levels. The second and third chapters are dedicated to the current legislation, which first defines the individual basic terms and entities used across the regulation and then analyzes the various types and regimes of transboundary shipments of waste. The fourth chapter deals with the function and position of administrative bodies involved in the control and supervision of transboundary shipments of waste. The last chapter deals with the illegal activity and legal liability arising from it in the cross-border movements of waste, there are also cases of...

Legal regulation of climate protection following the adoption of the Paris Agreement Abstract The Paris Agreement was adopted on 12 December 2015 and became effective on 4 November 2016. The Agreement's central aim is to keep the increase in global average temperature well below 2žC above pre-industrial levels and to limit the increase to 1.5žC. The Agreement starts to apply in 2020. Under the Paris Agreement, each Party must communicate its nationally determined contributions, which will help to achieve the purpose of the Agreement. The aim of this thesis is to analyse the development of the legal protection of the Earth's climate system in the European Union after the adoption of the Paris Agreement. Part One is subdivided into four chapters. The first chapter is introductory and provides an overview of basic terminology, scientific knowledge and observed changes in climate and their impact. Chapter Two deals with the subject matter of international climate change law. Chapter Three deals with the legal sources of international law, in particular with international conventions. Legal principles are described there as well. Chapter Four looks at the historical development of the international protection of the climate. Also, it focuses on the analysis of the Paris Agreement. This chapter describes the...

The presented diploma thesis provides the comprehensive presentation about the low emission zones that become more and more used instrument of air protection in european metropolises and in smaller cities. There are already circa sixty low emission zones in Deutschland, in the Czech Republic this instrument hasn't been used yet. Therefore the diploma thesis' determined goal was to analyze the legal regulation of the low emissions zones to clearify the division consisting in absence of low emission zones in the Czech Republic. Systematicall structure of the diploma thesis into six part is the result of the author's aim to make the presentation transparent. The first part of the diploma thesis represents the introduction into the theme of the air protection and provides a brief overview of relevant legal regulations just as the analysis of air pollutants including their negative effect on the peopel's health and on the environment. The author provides the presentation of transport regulation possibilities that the cities are able to realize (excluding the low emission zones). The third part deals with the implementation of the low emission zones into the czech law and with the development of legal regulation of the low emission zones. The detailed analysis of current legal regulation regarding the...

1 ABSTRACT This diploma thesis deals with comprehensive analysis of emission limits which is one of the most important instruments of environment protection. The purpose of this diploma thesis is description and analysis of emission limits in protection of fundamental environmental compartments and in some cases also demonstration of its functioning on practical examples. The text of this diploma thesis is divided into six chapters. Firstly, this thesis provides a general characteristic of fundamental concepts, which creates a basis for all following parts of this diploma thesis. Further follows three chapters devoted to in detail description and analysis of emission limits in certain environmental compartment, whereas firstly there is always introduced its past and present progress. Further follows international, EU and national sources of law with evaluation. These two parts are followed by the third part which deals with in detail analysis of specifics and process of determination of emission limits values and eventually monitoring and evaluation of pollutants levels released by polluter. In conclusion of all these three chapters there is comprehensively summarized partial problematics and author's considerations about possible shortcomings in areas of achievable improvement. Last sixth chapter is...

The Functions of the Land Registry Abstract This diploma thesis deals with functions of the Czech Land Registry. After an introductory part describing the basic features of the Land Registry, individual approaches to its functions are debated. The following is an explanation of the recording, information, protective and intabulation function, which discusses the essence of each function and lists the institutes of effective legislation that are associated with these functions. In addition, shortcomings in effective legislation or inconsistencies of interpretation are mentioned, and, in some cases, a possible solution is formulated. The recording function consists in recording a certain set of data. First of all, the subject of registration is introduced, ie individual real estates that are registered in the Land Registry. The content of the Registry consists of specified data regarding real estates and regarding persons. The information function is related to the designation of the Land Registry as a public list and to the regulation of formal publicity. All forms of data provision are also presented. If the recorded data are reliable, complete and corresponding to the actual state, then the protective function is also fulfilled. Its enshrinement in the Civil Code and the regulation of material publicity...

The Constitutional Court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection Abstract This thesis examines how the Czech Constitutional Court deals with proposals to repeal laws or statutory provisions that restrict constitutional rights or other constitutional provisions concerning environmental protection. Specifically, it examines how the Court deals with conflicts between constitutional rights concerning environmental protection and other constitutional laws pertaining to the environment and/or the public interest in protecting the environment. In addition to the analysis of the decision-making practice of the Constitutional Court, the thesis deals with the anchoring of environmental protection in constitutional documents and in the Czech Constitution - both in the preambls of the Constitution and the Charter, where the environmental protection is embodied in individual rights and the state's duty to protect the environment, including those provisions where environmental or nature protection is explicitly enshrined as a possible grounds for restriction of another constitutional right. The thesis briefly describes the role of the Constitutional Court as a negative legislator, ie its power to repeal laws or individual statutory...

International Criminal Law as an Instrument of Environmental Protection The aim of this thesis is to explore the potential of the international criminal law as an instrument for solving global environmental problems, which would enable better implementation of international environmental legal norms. The first chapter provides an outline of core ideas and concepts, which originate from the understanding of the international criminal law as an ultima ratio instrument for safeguarding the international security and the health of humankind, i.e. the identical values that have been seriously threatened by the global environmental crisis at the beginning of the 21st century. The second chapter elaborates on the international environmental protection in times of peace, with emphasis on the non-existence of effective responsibility mechanisms, which would oblige states and private entities to adhere to general international environmental norms. For the most severe cases of failure to adhere to said norms, the future use of the international criminal law is being proposed. The third chapter comments on the international protection of the environment at times of war and armed conflicts, which is, contrary to times of peace, at least partly embedded in the existing norms of the international criminal law;...

This diploma thesis is focused on the legal regulation of individual institutes which mean the restriction of disposal of subject of the right of ownership. For the purpose of this diploma thesis the subject of the right of ownership means the land, respectively the plot within the intention of the Act No. 256/2013 Coll. on Land Register. The plot is an individualized part of earth surface which is determined by a boundary. In accordance with the above it is presumed that where the author uses "land", she means the plot. The aim of the diploma thesis is to present the detailed analysis of individual legal regulations which manage restrictions of plot ownership. It is clear that the topic of the diploma thesis is quite comprehensive, so the author has decided to present the basic concepts at first. The basic concepts are a land, real estate, plot and parcel and right of ownership. The author has build on the part of right of ownership the chapter two, which is about the restrictions of right of ownership that are laid down in the constitutional order and Act No. 89/2012 Coll., the Civil Code. Chapter two reflects the reasons behind the enactment of the restrictions of right of ownership in the legal order. The flagship part of the thesis is in the chapter three and four. This section is an analysis...

Legal instruments of ensuring access to land This thesis is concerned with an analysis of legal instruments of private and public law, which are able to ensure an access to land. The thesis is written from a perspective of a land owner without an access or with a difficult access to his land. Hence the content of this thesis is limited to legal instruments protecting such owner. The aim of the thesis is to cover all the legal options of ensuring an access to land, provide a detailed analysis of each instrument and further consider its frequency and suitability for general practice. In addition, I also present comparison of the instruments from the aspect of procedural law. Within the thesis I make an extensive use of case law, which illustrates both the potential development of legislation and familiarizes the reader with an abstract legal terminology by its application to real-life situations. The thesis is divided into nine chapters, whereas the chapter one provides a classification of the legal instruments from the private and public law perspective and a classification into a voluntary and a forced access. This chapter is followed by an enumeration of each instrument of ensuring an access to land. Firstly, there are listed the private law instruments, i.e., lease, easement, necessary passage, statutory...

The diploma thesis is focused on the voluntary tools of environmental protection, those representing a remarkably wide and variable group of tools. The aim of this thesis is to create an integrated and compendious overview of the previously mentioned tools applied not only in the Czech Republic, to outline its basic characteristics, ways of its usage, and its mutual combinations, including the analysis of the legal regulation of the voluntary tools. After the two introductory chapters dedicated to the environmental policy and the system of all tools of environmental protection the following chapter deals with the voluntary tools only, dividing them for the purposes of this diploma thesis into categories of regulatory, informative, and educational tools. Considering the extent of the topic, the author decided on a detailed analysis elaboration of the three chosen tools in the following part of the thesis. In the fourth chapter the diploma theses concentrates on the EMAS according to the Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community Eco-Management and Audit Scheme (EMAS), which is being compared to the second implementation option of Environmental Management System, that is represented by the internationally...

1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...

The restrictions of the ownership of real property for the purpose of nature and landscape protection Abstract This diploma thesis focuses on restrictions of the ownership of real property for the purpose of nature and landscape protection, which are regulated in Act No. 114/1992 Coll., On nature and landscape protection. The thesis is divided into two parts. The first part focuses on the general bases of the legal regulation of the restriction of the ownership of real property due to nature and landscape protection and contains four chapters. The first chapter defines essential legal institutes. The second chapter contains sources of regulation at international, European and national level. The third chapter discusses generally the conflict of property right with the right to a favourable environment. The fourth chapter deals with individual ways of limiting the property right. The second part discusses specific restrictions on the right to property and is also divided into four chapters. This is the fundamental part of this thesis. The first chapter of this part is devoted to the modification of the subject of property rights to protect nature and landscape. The second chapter deals with the modification of the property rights in terms of disposition limitation. The third chapter divides the individual...

The topic of this diploma thesis is legal regulation of special territorial protection of nature and landscape in the Czech republic. The diploma thesis focuses itself mainly on the legal regulation of large-scaled specially protected areas, however some room is given also to small-scaled specially protected areas and to Natura 2000 system. This diploma thesis is systematically divided into the introduction, three parts and the conclusion. The main part of this thesis is its second part. The fisrt part deals with the protection of the environment in general and its component protection (air protection, water protection, soil protection, forest protection and protection of nature and landscape), and also defines the most important terms in field of nature and landscape protection. The second part of this diploma thesis in its first chapter deals with the differentiation of the general nature and landscape protection from the special protection of nature and landscape, the division into territorial and species protection and the distinction of large-scaled and small-scaled specially protected areas. The second chapter of this section deals with specially protected areas in the Czech republic and also contains units dedicated to individual specially protected areas (national parks, protected landscape...

Legal aspects of water retention in the landscape Abstract This diploma thesis deals with the legal aspects of water retention in the landscape in response to the current problems associated with impaired landscape retention capacity such as drought, erosion or floods. The author first outlines the factual and legal context of the issue, which is followed by an analysis of conceptual, administrative-legal and economic instruments of the Czech legal order that can improve water retention capabilities of the landscape. The diploma thesis analyses the relevant instruments of the Water Act, Forest Act, Act on the protection of agricultural land or Act on protection of nature and landscape. Consequently, it deals with the role of land-use planning, land consolidation and environmental impact assessment for the issue. The thesis includes comprehensive evaluation of the relevant legal regulation in terms of its effectiveness and possible proposals de lege ferenda.

The thesis deals with the issue of environmental migration and with possible legal instruments of its prevention in the Czech Republic. Based on an analysis of the extent of the issue, it identifies three areas of environmental migration causes that are relevant in the conditions of the Czech Republic: (1) climate change and its impacts, (2) implementation of development projects, and (3) industrial accidents and pollution. It analyses and evaluates important legal instruments of prevention and protection of the inhabitants in these areas. In particular, climate protection, adaptation to climate change impacts (floods and droughts), protection against excessive resettlement due to development projects (mining, water reservoirs and building of roads), protection against industrial accidents and air protection are assessed. In conclusion, the findings are summarized and the most important legal deficiencies are formulated, eventually some modifications de lege ferenda are proposed.

The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...

LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...

Turtle and Tortoise Protection Legislation Abstract The thesis focuses on turtle and tortoise protection in international law, Czech legislation on breeding turtles in captivity, and legislation concerning protection of biodiversity against turtles as alien or invasive species. The objective is to describe and analyse turtle protection legislation and if concluded that the legislation is not sufficient, make proposals de lege ferenda. Another objective is to describe biodiversity protection legislation in a situation when a turtle species is in a position of alien or invasive species. The first part contains introduction to the matter considered. It includes biological classification, the importance of turtles for ecosystems, with special focus on sea turtles, and threats to turtles, again with special focus on sea turtles. The second part focuses on turtle protection in general agreements on nature protection - global and regional. In the first chapter, there are global agreements which are then divided to The Convention on Biological Diversity, agreements on protections of habitat, and agreements on species protection. In the second chapter, there are regional "land" agreements listed. The third part concentrates on specifics of sea turtle legislation. At first, relevant parts of UNCLOS are mentioned....

The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...

This thesis deals with the analysis of the specific instruments of international law applicable to the protection of the environment of indigenous peoples. The thesis consists of four chapters. The first chapter describes the specific relationship which binds indigenous people to their traditional territories and natural resources and the most important threats to these territories and resources. The second chapter focuses on the development of the relationship between the international community and indigenous peoples and analyses the term indigenous peoples. Furthermore, this chapter contains an overview of the international and regional sources of law relevant to the protection of the environment of indigenous peoples. The third chapter draws attention to the international and regional mechanisms of protection of indigenous rights. The fourth chapter contains an analysis of particular environmental rights and systemizes them into collective, minority, individual and procedural rights.

The diploma thesis entitled "Expropriation of Real Estate" aims to clarify and analyse the legal regulation of forced withdrawal or limitation of the property right to real estate or rights of easement. It does not neglect the changes brought by the recodification of private law. The topic is not a new one, but it is undoubtedly topical, especially with regard to the importance of property rights itself and overlapping of public law with private law. The expropriation of real estate as the most serious interference with property rights is the ultimate means of fulfilling the needs of public interest. For this reason it can be decided only upon fulfilling all conditions stated by law. Based on analysing the English legislation of the expropriation of real estate and critical evaluation of the Czech legal system, attention is drawn to deficiencies and considerations de lege ferenda and through which there are recommended changes to be made in the Czech legal regulation.

This diploma thesis describes the legal regime of the building land, which is regulated by the legislation of the private and public law, and focuses on the recent amendment of the building code as amended by the act no. 225/2017 Sb. The use of the legal regulations is displayed in the case study analysing the legal regime of the specific lands designated for the construction. The main aim of this thesis is to characterize the process and the institutes of the public and the private law as having the crucial influence on the building land, to focus on their mutual connection and to demonstrate their application in the case study. According to the last amendment of the building code the aim of this thesis is to refer to the new or modified institutes influencing the legal regime of the building lands and to define the relevance of the amendment for the construction. The diploma thesis consists of four chapters. The first chapter includes the introductory information. The general listing and the description of the legal sources, the fundamental legal terms connected with the building lands and the characterization of the case study of the shopping centre is described in this chapter. The second chapter deals with the civil law regime of the building lands and analysis the civil law institutes such as the...

The diploma thesis deals with the issue of legal regulation of air protection against air pollution from unlisted sources. Unlisted sources are a group of stationary sources, that are not listed in Annex 2 of Act No. 201/2012 Coll., On air protection. It is a diverse group of minor sources of air pollution, which are generally subject to softer regulation than the sources listed. On one hand, unlisted sources are less polluting than listed sources, but on the other hand, their number is much higher. In total, they are even the largest polluters in terms of emissions of some substances. Unlisted sources can be divided into combustion and non-combustion sources. With regards to their frequency, the subject of the paper is mainly unlisted combustion sources. A typical example of such unlisted source is a solid fuel boiler designed to heat a building. The first part of the thesis focuses on air protection in general and its subject is also an explanation of how the sources of air pollution are divided. In the second part, the system of instruments of regulation of unlisted sources is described. The thesis aims to outline the possibilities of their practical application and to assess their impact on the state of the air. The third part contains the liability and supervision in field of air protection...

The diploma thesis summarizes the current legislation regarding beekeeping in the Czech Republic. The thesis aims to provide the reader with a comprehensive overview of the legal regulations of beekeeping. The thesis itself is divided into two chapters. The former chapter describes the beekeeping legislation from the point of view of the private law and the latter from the point of view of the public law. The centerpiece law regarding the first chapter is the Civil Code. The Civil Code contains the adjustment of nuisance, neighbourly relations, swarm legislation and damages. From the public law standards, beekeeping is affected by the Law on Veterinary Care, the Phytosanitary Care Act, the Breeding Act, the Food Law, the Income Tax Act, the Law on Damages from Specially Protected Animals, and many others. The Veterinary Care Act, together with the implementing legislation, sets out procedures for combating honeybee diseases and the conditions for traveling with bees. The Phytosanitary Act contains provisions under which bees are protected from the effects of the use of substances viewed as threatening to them. The Food Act and subsequent decrees contain a definition of honey. The breeding law sets the rules for the record keeping of bee colonies. The Income Tax Act exempts beekeepers who have fewer...

Legal aspects of movement and stay of person in wild nature Abstract The thesis deals with the legal framework of movement and stay of an individual in wild nature, that is to say outside developed land areas. The legal framework used is effective on 30th August 2018. The thesis describes the legal aspects and limits of an individual's behaviour in wild nature in the context of nature and landscape protection. The first part of the thesis focuses on the general definition of the key concepts. A definition of wild nature, an individual, movement and stay is given. The following part is divided into chapters according to the kind of area in question, namely movement and stay in the forest, in agricultural areas, on water and in caves. A chapter is dedicated to particularities of specially protected areas. Two chapters of the thesis deal with the legal framework regarding plants and animals. Another chapter deals with staying in wild nature overnight, particularly with regard to camping or bivouacking in the Czech Republic. Penalties that may be imposed on individuals violating regulations concerning movement and stay in wild nature are also mentioned. Description and interpretation of signs used is given for the sake of better orientation in the field. A special section is dedicated to overnight stays in wild...