New Volume: Czech Yearbook of Public & Private International Law

The latest volume of the Czech Yearbook of Public & Private International Law (Vol. 8, 2017) is out. Contents include:

• Symposium: Law of International Responsibility
• Pavel Šturma, Introduction to Section “Symposium: Law of International Responsibility”
• Josef Mrázek. Peremptory Norms of International Law and Invocation of International Responsibility
• Karolina Wierczyńska, Responsibility of State and Responsibility of Individual – Old Problems and New Challenges for International Law
• Tomáš Fecák, Responsibility for Violations of Investors’ Rights under New EU Investment Agreements
• Adam Giertl, International Responsibility in the Context of Disaster Response
• Studies in International Law and Organizations
• Dalibor Jílek & Jana Michaličková, Personal Staus of Refugees: The Original International Solution
• Pavel Caban, Failure to React as Evidence of opinio iuris (a Comment to the ILC’s First Draft Conclusions on Identification of Customary International Law)
• Zuzana Trávníčková, Legal Status of Unilateral Coercive Measures under Customary International Law
• Birutė Pranevičienė & Violeta Vasiliauskienė, Irregular Migration through South Mediterranean Route: Actions by Coast Guard Vessels and NGO Vessels
• Sandra Brožová, The Importance of Customary Law for the Codification of the Law of Treaties
• Milan Lipovský, Existence of a Dispute in Front of the ICJ
• International Law and European Law
• Ondrej Hamuľák & Ján Mazák, The Charter of Fundamental Rights of the European Union vis-à-vis the Member States – Scope of its Application in the View of the CJEU
• Harald Christian Scheu, Migrant Integration as a New EU Agenda
• Václav Šmejkal, Ten Years after the Viking Judgment: EU Court of Justice still in Search of Balance between Market Freedoms and Social Rights
• Monika Forejtová, Legal Status of the Notarial Profession as a Specific Profession in Europe – the Example of the Czech Republic and Hungary
• Michal Petr, Twice about ne bis in idem: Conflicting Approach of European Courts to the Same Principle
• Radka MacGregor Pelikánová & Marek Beneš, Does the Full Harmonization of the Consumers’ Protection against Unfair Commercial Practices via UCPD fit in Europe 2020?
• Use of Force and So-Called Islamic State
• Veronika Bílková, The Use of Force against the Islamic State (Jus ad Bellum Aspects)
• Tamás Lattmann, Questions of International Humanitarian and Human Rights Law in the Case of a Foreign Military Intervention against the Islamic State
• Jelena Dinic, Money Laudering as a Form of Financing Terrorism through the Prism of Terrorist Organization “Islamic State of Iraq and Levant”
• Human Rights and International Humanitarian Law
• Alla Tymofeyeva, Indirect Obligations of Business Entities under the European Convention on Human Rights
• Tomáš Bruner, African Court on Human and Peoples’ Rights: Twenty Years from Addis Ababa Protocol
• Martin Faix & Tuomass Heikkinen, States´ Obligations under Common Article 1 of the Geneva Conventions in the Context of Multinational Military Operations
• International Criminal Law
• Čestmír Čepelka, The Concept of Crimes against Humanity
• Ondřej Sváček, Brothers and Sisters in Arms as Victims of War Crimes: Ntaganda Case before the ICC
• Environmental Protection and Law of the Sea
• Ernest Petrič, “Junction Area“ – a New Legal Regime Permanent Court of Arbitration (PCA) Case No. 2012-04 (Slovenia v. Croatia)
• Jan Ondřej, The Issues of Sovereignty and Ownership in Respect to the Sea-bed and Ocean Floor and its Resources (Including Exploration and Exploitation of Resources from the Sea-bed Beyond the Boundaries of the National Jurisdiction of States)
• Jakub Handrlica, The Vienna Convention on Civil Liability for Nuclear Damage and Radioactive Waste Management: Problems Revisited
• Health Law, Ethics, and Human Rights
• Petr Šustek, Restrictions of Personal Freedom in the Context of Psychiatric Care in the Czech Republic
• Martin Šolc, Reflections of Ethical Debate in the International Law Regulation of Stem Cell Research
• Tomáš Holčapek, Doctrine of Loss of Chance in Medical Malpractice Cases: Comparative, International and Transnational Aspects
• Views on Investment and Trade Law
• Katarína Chovancová, Countermeasures and their (In)Comparable Congruence in International Investment Arbitration & the WTO Law
• Elisa Baroncini, From Turkey – Textiles to Peru – Additional Duty: Th e Contribution of the WTO Case-Law on the Relation between the Marrakesh System and Regional Trade Agreements
• Kristýna Urbanová, WTO in Context of Brexit
• Ondřej Svoboda, No Reason to Party: United Kingdom as Party to EU Free Trade Agreements after Brexit
• Zdeněk Nový, Lis Pendens between International Investment Tribunals and National Courts
• Petr Stejskal, War: Foreign Investments in Danger Can International Humanitarian Law or Full Protection and Security Clause Always Save it?
• Czech Practice of International Law
• Pavel Šturma, The Work of the International Law Commission at the beginning of the New Term: Crimes against Humanity and Other Topics
• Petr Válek, The International Law Aspects of the New Czech Act on Foreign Service
• Václav Stehlík, Application of CILFIT Criteria by Czech Supreme Courts
• Vít Alexander Schorm, The Czech Republic before the European Court of Human Rights in 2016
• Milan Beránek, List of Ratified International Treaties which Entered into Force for the Czech Republic from 1st January 2016 till 31st December 2016
• Ondřej Svoboda, Tomáš Kozárek, & Alex Ivančo, The Czech Republic’s Push for Innovative Agenda in the UNIDROIT and the UNCITRAL
• Shorter Articles and Notes
• Milan Lipovský, Moot Courts on Issues of Public International Law in the Year 2016/2017
• Pavel Šturma, Avec un brin de nostalgie: On the Occasion of the 90th Birthday of Professor Čestmír Čepelka

New Volume: Czech Yearbook of Public & Private International Law

The latest volume of the Czech Yearbook of Public & Private International Law (Vol. 7, 2016) is out. Contents include:

• Studies in International Law and Organizations
• Ernest Petrič, Principles of the Charter of the United Nations – Jus Cogens?
• Čestmír Čepelka, Problem with the Inclusion of Aggression into the Rome Statute of the ICC
• Jan Ondřej & Magda Uxová, Islamic State, an Actor Threatening Peace in the Middle East
• Josef Mrázek, Some Critical Reflections on the Extended Use of Military Force in the Contemporary World
• Zuzana Trávníčková, Are Unilateral (Economic) Sanctions Really Impermissible under International Law?
• Jakub Handrlica, International Administrative Law and Administrative Acts: Transterritorial Decision Making Revisited
• International Law and European Law
• Dalibor Jílek & Jana Michaličková, The Conceptual Role of Habitual Residence
• Solange Maslowski, The Scope and the Future of Equality of Treatment for Economically Inactive Union Citizens on the Move
• Václav Šmejkal, Saving EU and its Welfare States Through Disincentives to Migration? On a Recent CJEU Case-Law Limiting the Access of EU Migrants to Social Assistance
• Human Rights and International Humanitarian Law
• Veronika Bílková, Towards a New Convention for the Protection of the Human Rights of Older Persons?
• Pavel Bureš, Consensus on Human Nature? The Concept of European Consensus in the Case-Law of the Court in Strasbourg
• Harald Christian Scheu, The Status of New Minorities in the Light of the Framework Convention for the Protection of National Minorities
• Tuomas Heikkinen & Martin Faix, The Use of Human Shields and the Principle of Proportionality under Law of Armed Conflict
• Petra Ditrichová-Ochmannová, International Law and the Use of Armed Drones: Where is the Controversy?
• Milan Lipovský, The Digital Aspects of the Right to Privacy – Surveillance Issues
• Monika Forejová, Right to a Fair Trial in Asylum Procedures
• International Criminal Law
• Petr Válek, The Czech Contribution to the Work of the United Nations War Crimes Commission: the Auschwitz and Birkenau Case
• Pavel Caban, Immunity of State Officials from Foreign Criminal Jurisdiction – Exceptions to Immunity ratione materiae
• Jan Lhotský, The ICC Arrest Warrant for the Sudanese President Omar al-Bashir in Connection with his Visit to the Republic of South Africa
• Ondřej Svaček, Applicable Law, Interpretation, Inherent and Implied Powers – Brief Rendezvous with the ICC
• Environmental Protection and Law of the Sea
• Birutė Pranevičienė & Violeta Vasiliauskienė, Do the Europeans have the Right to get Information about Ostrovets Nuclear Power Plant in Belarus?
• Soma Hegdekatte, The Bay of Bengal Maritime Arbitration: a New Ray of Hope
• Views on Investment and Trade Law
• Katarína Chovancová, Non- Precluded Measures in International Investments Arbitration
• Ondřej Svoboda & Jan Kunstýř, Third Party to Pick up the Bill? Cost Issues Relating to Third Party Funding in Investment Arbitration
• Vojtěch Trapl, About Recent Development in a Further Aim to Reform the Investor-State Arbitration by the Introduction of a Permanent Investment Tribunal and an Appeal Mechanism – focused on the work done by CIDS under auspices of the UNCITRAL
• Czech Practice of International Law
• Pavel Šturma, The International Law Commision at the End of Quinquennium: an Exceptional Session and Positive Results
• Vít Alexander Schorm, The Czech Republic before the European Court of Human Rights in 2015
• Milan Beránek, International Treaties ratified by the Czech Republic
• Shorter Articles and Notes
• Miloš Olík, Case Notes, Court of Justice of the European Union to Rule on The Compatibility of intra-EU BITs with EU Law in the Case Achmea B.V. vs. The Slovak Republic
• Milan Lipovský, Moot Courts on Issues of International Law in 2015/2016

New Volume: Czech Yearbook of Public & Private International Law

The latest volume of the Czech Yearbook of Public & Private International Law (Vol. 6, 2015) is out. Contents include:

• Symposium: The Crime of Aggression Within the Rome Statute Post-Kampala
• Pavel Šturma & Milan Lipovský, Introduction to section „Symposium on the Crime of Aggression“
• Veronika Bílková, Aggression – the Supreme International Crime or Not a Crime at All?
• Alla Tymofeyeva, Crimes against peace in Nuremberg
• Pavel Šturma, Back to the ILCʹs Legislative History: Code of Crimes against the Peace and Security of Mankind
• Carollann Braun, The Political Realities and Legal Possibilities Concerning the Relationship between the United Nation Security Council and the Crime of Aggression in the International Criminal Court
• Pavel Caban, The Definition of the Crime of Aggression – Entry into Force and the Exercise of the Courtʹs Jurisdiction over this Crime
• Jan Lhotský, Manifest violation of the UN Charter
• Milan Lipovský, The Understandings to the Rome Statuteʹs Crime of Aggression
• Kristýna Urbanová, The Kampala Agreement on crime of aggression and responsibility for cyber-attacks
• Studies in International Law and Organizations
• Čestmír Čepelka, Jus agens and the question of criterions for its determination
• Jan Ondřej, Creation of New States and De Facto Regimes and the Case Referring to Crimea
• Jakub Handrlica, The Vienna Convention on Civil Liability for Nuclear Damage and Nuclear Installations: Application Problems Revisited
• Martin Faix, Victimsʹ Right to Reparation under International Human Rights Law: also against International Organizations?
• International Law and European Law
• Harald Christian Scheu, The limits of so-called benefit tourism and the free movement of EU Citizen
• Monika Forejtová, Human rights between Strasbourg and Luxembourg – disintegration of monist view of human rights protection or a new beginning?
• International Human Rights Law and Criminal Law
• Ralph Janik, You canʹt have one without the other, can you? Assessing the Relationship Between the Use of Force in the Name of Human Rights and Regime Change
• Pavel Bureš, Reproductive Rights and Human Dignity. Convergence or Divergence in the Jurisprudence of the European Court of Human Rights?
• Alla Tymofeyeva, The Highest Amounts of Just Satisfaction: Awards of the European Court of Human Rights to Legal Persons
• Ondřej Svaček, Human Rights Dimension of the ICCʹs Complementarity Regime
• Pavel Caban, Gaps in the legal regime of interstate cooperation in prosecuting crimes under international law
• Czech View on Investment and Trade Law
• Magdalena Ličková, Post-Lisbon Exercise of EU Competence in the Field of Foreign Investment: Coping with the International Projection of Intra-EU Complexity
• Ondřej Svoboda, TTIP and ISDS: not irreconcilable acronyms
• Monika Feigerlová, Diag Human: A case study on multi-jurisdictional enforcement of an international arbitration award
• Czech Practice of International Law
• Pavel Šturma, The work of the International Law Commission in 2015, business as usual?
• Petr Válek, Czech-Austrian Declaration on Jurisdictional Immunities of State-Owned Cultural Property
• Vít Alexander Schorm, The Czech Republic before the European Court of Human Rights in 2014
• Milan Beránek, List of Ratified International Treaties which Entered into Force for the Czech Republic from 1st January 2014 till 31st December 2014

New Volume: Czech Yearbook of Public & Private International Law

The latest volume of the Czech Yearbook of Public & Private International Law (Vol. 5, 2014) is out. Contents include:

• Studies in International Law and Organizations
• Sanderijn Duquet & Jan Wouters, Non-Traditional Norms in International Law: Approaches in Legal Scholarship
• Veronika Bílková, Responsibility While Protecting - an Alternative to R2P, or a Return to its Original Ethos?
• Ana Polak Petrič, The Existance of the Right to Humanitarian Assistance in the Event of Natural Disasters
• Josef Mrázek, The Definition of Aggression and the Use of Force
• Jan Ondřej, What is the Legal Regime of the Arctic?
• Jakub Handrlica, The Brussels Convention on the Liability of Operators of Nuclear Ships: Expectations, Basic Principles and the Reasons of Failure
• Karolina Žákovská, CITES at the Beginning of its Fifth Decade: Outdated, or at its Best?
• Diplomatic Protection
• Čestmír Čepelka, Rethinhinking the ILC Draft Articles on Diplomatic Protection: The Legal Nature of Diplomatic Protection
• Pavel Caban, Diplomatic Protection and other Mechanisms for the Protection of the Individual against Serious Human Rights Violations: Limiting the Discretion
• Diana Cucos, The Position of the Individual in Post-Codification Diplomatic Protection
• International Law and European Law
• Emil Ruffer, The Intergovernmental Avenues of the European Integration: A Way Ahead for the Economic and Monetary Union?
• Pavel Biriukov, Issue of Cooperation on Home Affairs Between the USA and the EU
• Harald Christian Scheu, European Anti-discrimination Law and the Legal Status of Professional Athletes
• International Human Rights Law
• Pavel Bureš, What is not right in Human Rights Protection? Few reflections on some European Court of Human Rights judgements
• Jan Lhotský, The UN Human Rights Treaty Body System - Reform, Strengthening or Postponement?
• Martin Faix, Are International Organisations Bound by International Human Rights Obligations?
• Alla Tymofeyeva, Do Legal Person Have the Right to Respect for Private and Family Life?
• International Criminal Law and Humanitarian Law
• Kateřina Uhlířová, The Role of International Law in the Rule of Law Efforts in Post-Dayton Bosnia and Herzegovina
• Ondřej Svaček, Human Rights before the International Criminal Court
• Carollann Braum, Private Military Contractors, Paramilitaries and Mercenaries in the Ukrainian Conflict: An Analysis of their Impact on International Law
• Czech Views on Investment and Trade Law
• Zuzana Jahodníková & Miloš Olík, And Never the Twain Shall Meet: Parallel Arbitral and Court Proceedings within the Sphere of International Investment Arbitration. Is Parallelism an Undesirable Occurrence or a Welcome Lifeline?
• Vojtěch Trapl, Umbrella Clause - Additional Protection of Investment by Clause or Non-Protection Even Though Addition of the Clause?
• Klara Polackova Van der Ploeg, State Immunity in Jurisprudence of Czech Courts

New Volume: Czech Yearbook of Public & Private International Law

The latest volume of the Czech Yearbook of Public & Private International Law (Vol. 4, 2013) is out. Contents include:

• Studies in International Law and Organizations
• Čestmír Čepelka, The ILC Articles on State Responsibility: A Reflection Years Later
• Max Hilaire, The Attitude of the United States Toward International Law
• Jan Ondřej, Sovereignty and Ownership in Relation to Outer Space and Activities of Private Persons
• Jakub Handrlica, The Protocol of 1997 to Amend the Vienna Convention on Nuclear Liability and the European Union
• Michaela Rišová, Addressing the Relationship between State Immunity and Jus Cogens
• International Law and European Law
• Emil Ruffer, When the Suit doesn't Suit Them: Jurisdictional Immunities of States in the context of EU Law
• David Petrlík, Mutual Respect and Residual Tensions between the Systems of Protection of Fundamental Rights in Europe
• Human Rights and International Humanitarian Law
• Harald Christian Scheu, The Burden of Proof in European Anti-Discrimination Law
• Ludovica Poli, Pre-implantation Genetic Diagnosis under the European Court of Human Rights' Review: An Opening toward a Wider Acceptance of the Technique in Europe?
• Alla Tymofeyeva, Some Guarantees Regarding Criminal Proceedings Applicable to Non-Governmental Organizations: Protocol No.7 to the European Convention on Human Rights
• International Criminal Law
• Pavel Caban, Universal Jurisdiction under Customary International Law, International Conventions and Criminal Law of the Czech Republic: Comments
• Petra Baumruk, Universal Jurisdiction: a Tool against Impunity
• Agata Foksa, The Issue of Reparations Before the International Criminal Court: Case Study Prosecutor v. Thomas Lubanga Dyilo
• Views on Investment and Trade Law
• Bregt Natens & Jan Wouters, The State of Play and Future of Services Negotiations in the WTO
• Annelies Vrbova, Markéta Nováková, & Martin Bulánek, The Czech Republic in the WCIT-12
• Vojtěch Trapl, Thinking Big - Bifurcation of Arbitration Proceedings - to Bifurcate or not to Bifurcate