The concept of "Exclusivism" is considered to represent one of the most characteristic features of International Nuclear Law. This concept is reflected by regulating matters of uses of nuclear energy and ionising radiation exclusively by distinct principles, that govern legal relations arising in these matters. The concept of "Exclusivism" has been widely reflected in the provisions of international conventions, which have been adopted since the 1960s. This article aims to revisit this concept, taking the most recent developments in international and European law into regard. The article is dealing with the reasons and origins of the concept of "Exclusivism" in International Nuclear Law, with reflections of this concept in existing international treaties and at last but not at least, with most recent tendencies, that aim at jeopardising this concept., Jakub Handrlica., and Obsahuje bibliografické odkazy
The cyber sphere forms a fifth domain of activities were interactions between state and non-state actors could happen. It starts to play an important role within the conflicts and hostilities. Especially in these situations, international society does not have a unified view on the question how to deal with the activities in cyberspace. We could see the different forms of abuse of cyberspace also within the crisis in Ukraine. This crisis is a good example of the complexity of the legal approach and the (non)capability of the legal understanding of cyber operations and attacks. The goal of this article is to highlight this complexity and to determine the status of cyber incidents realized in the Ukraine from the perspective of international law., Jozef Valuch, Ondrej Hamuľák., and Obsahuje bibliografické odkazy
Anti-suit injunctions are rather unknown in the civil law legal system of the Czech Repbulic. The policy reasons for the rejection of anti-suit injunctions in the Czech Republic are rooted in the constitutional right of every person to assert, through the legally prescribed procedure, their rights before an independent and impartial court or, in specified cases, before another body. In other words, every person may commence proceedings before a competent court, or respectively before any court or another body (e.g. like an arbitral tribunal, etc.), which is then exclusively empowered to rule on its jurisdiction. Therefore, there is also no distinction between anti-suit injunctions in domestic and international litigation. Czech law does not have any alternative procedural or substantive devices that may have similar functions as anti-suit injunctions related to arbitration. It means that it is not possible to obtain a court order against a respondent prohibiting the respondent from commencing or continuing court proceedings in another forum in violation of an arbitration agreement., Alexander J. Bělohlávek., and Obsahuje bibliografické odkazy
This paper examines the possibility and the desirability of axiomatization in law. In the first part, the paper examines the notion of axiom and the ways how it was or could be introduced into law. It is here where the authors openly invite the reader to lose the conventional approach and think about alternative ways to build basic legal concepts. In the second part, the paper continues by presenting several theories which endeavored (or appeared to endeavor) to show that law can (and should be) axiomatized and which even attempted to axiomatize it. After establishing whether these theories were successful at all, the authors add some of their own ideas on the topic of axiomatization., Martin Madej, Filip Horák., and Obsahuje bibliografické odkazy
Biometric data are typically used for the purposes of unique identification of a person. However, recent research suggests that biometric data gathered for the purpose of identification can be analysed for extraction of additional information. This augments indicative value of biometric data. This paper illustrates the range of augmented indicative values of the data as well as identifies crucial factors that contribute to increased vulnerability of data subjects., Alžběta Krausová, Hananel Hazan, Ján Matejka., and Obsahuje bibliografické odkazy
This chapter is aimed at describing the relationship between individual rights and climate change agenda in the Czech Republic. Firstly, the authors provide a brief description of the Czech framework policy for climate change adaptation and specific acts dealing with the climate change. After that, the means of judicial protection in climate change disputes are analysed, with a particular emphasis on the role of administraitve courts. For better understanding, the authors present the most significant decisions of the Czech courts. They conclude that the courts may provide relatively effective protection against both public and private actors. however, climate change is still a new topic with which the applicants have not yet learned to work. In some cases, which are primarily concerned with other issues such as air pollution, climate change serves more as a supporting than a stand-alone argument. This is not likely to change any time soon, because the country is not affected by climate change to the degree it would be forced to act and immediate action would be deemed necessary. Moreover, the judicial review of the state policies is not allowed, even though at the governmental level, short-term economic goals are clearly preferred to the environmental agenda., Vojtěch Vomáčka, Ilona Jančářová., and Obsahuje bibliografické odkazy
The article ‘Comments on the approach to human dignity in case law’ deals with some approaches to the interpretation of human dignity by international and constitutional courts including Czech Constitutional Court. It is the wide-ranging and extensive use of human dignity that certainly is a success of the post-war concept of human dignity as a basis for the protection of rights. On the other hand, the universal applicability of human dignity and it being ambivalently used is criticised for leading to vagueness and relativisation of the basic concept of dignity. However, given that the post-war conception is based on human dignity being the grounds for the human rights granted to all people, the universality of human dignity and its extensive use are the typical attributes thereof. The article describes fields of judicial interpretation of human dignity expressing diverse worlds of constitutional values., Helena Hofmannová., and Obsahuje bibliografické odkazy
The article deals with the principle of openness in the judiciary, specifically communicating judicial decisions to the public. Firstly, it discusses the relation between publicity and transparency of courts on the one hand and their legitimacy on the other. While the authors believe that the judiciary should be increasingly open to the public and point out benefits of that approach, they also recognize the risks thereof. Based on a comparative analysis of courts in a number of European states as well as the CJEU and ECHR the article analyses typical approaches to communication of judicial decisions. The final chapter contains normative conclusions which can serve as general guidelines applicable within the European judiciary., Daniel Askari, Kristina Blažková, Jan Chmel, Kristina Rademacherová., and Obsahuje bibliografické odkazy
The article introduces the basic principles of compensation for medical malpractice, mainly by means of a civil liability sytem, in the Czech Republic. It outlines the normative framework and illustrates its application in practice on selected case law of Czech courts. As the judicial system has both advantages and disadvantages, available alternatives to court proceedings are also discussed even if they tend to be uaed rather conservatively. Furthermore, the text presents changes to the law, including those already carried out by the relatively new Civil Code and some potential future developments, together with remarks about the overall legal context in which the system of compensation for harm from healthcare operates., Tomáš Holčapek, Petr Šustek., and Obsahuje bibliografické odkazy
This paper focuses on the consensual security rights over the objects of intellectual property in the Czech Republic. The paper is based on the national report presented for the purpose of XX. Congress of the International Academy of Comparative Law (Japan, Fukuoka, 22-28 July 2018). In the first part of the paper, the authors describe the system of the intellectual property protection and explain the basic principles of the core sstems of IP protection: copyrights, patents, trademarks and industrial designs. in the next part the authors define three most common methods of the security rights over the intangible assets: a pledge, transfer of a right as a security, and a prohibition of the alienation or the encumbrance of assets. The paper subsequently deals with the following issues: typical structure of the security transaction, mechanisms of evaluating the IP rights used as collateral, and requirements needed for the effectiveness of security rights. With this regard the authors distinguish between the effects of the security rights over non-registered rights such as copyright or unregistered designs, and security rights over registered trademarks, granted patents or registered industrial designs. Special attention is paid to the security rights over the business enterprise. The final part of the paper is aimed at the statistical analysis. The authors describe how frequent is the use of the consensual security rights in Czech legal practice and what are the usual costs related to the secured transactions over the intellectual property., Pavel Koukal, Helena Pullmannová., and Obsahuje bibliografické odkazy
After the accession of several Central and Eastern European countries to the European Union in 2004, new challenges arose for their highest judicial institutions to define and shape the relationship between the national and European legal order. This paper assesses the first decade of the effort of the Slovak Constitutional Court (SCC) in interpreting the relationship between domestic and EU law via applying the concept of constitutional pluralism which presumes a specific relationship between the legal orders characterized by their heterarchical structure, mutual interaction and cooperation rather than of a hierarchical, monistic structure, governed by clash over dominance. Answering the research question how the SCC has positioned itself vis-à-vis the constitutional monism v. pluralism dilemma can offer an insight on the general relationship between domestic and EU law in Slovakia. By analysing statutory law, selected judgments and reviewing secondary literature, the paper argues that the SCC seems to have chosen the monistic, hierarchical approach to the relationship, having rejected constitutional pluralism. At the same time, this position is not articulated clearly enough due to the veil of secrecy that to some extent still prevails over the SCC’s doctrinal attitudes to EU law. The findings of the paper, which combines conceptual analysis of constitutional pluralism with review of relevant legal provisions and case law, demonstrate the need for a more active and straightforward approach of the SCC when dealing with the challenges of EU law., Max Steuer., and Obsahuje bibliografické odkazy
The issues related to cybersecurity are being amplified by the growing role of the Internet of Things devices in current digital economy. The focus of this contribution is to examine the challenges of IoT environment for the corporate cybersecurity from the legal perspective with regards to the specific role of small and medium enterprises. It provides an introduction into the environment of SMEs and the transformation of their operations through new technologies, followed by highlights of the cybersecurity challenges brought by the IoT. Core part of the contribution is an analysis of the applicable legal frameworks and discussion of the broader picture with regard to this specific perspective on the regulation of corporate cybersecurity., František Kasl., and Obsahuje bibliografické odkazy