SLP 07 (2014)

may be surprisingly longer. As regards a just satisfaction receiving by legal persons, the ECtHR in July this year shocked the public, when it awarded to the shareholders of “Neftyanaya OOO Yukos” a compensation amounting to nearly two billion euro. The chapter written by Martin Faix, the author highlights on the example of the UN Mission in Kosovo (UNMIK) and the Kosovo Human Rights Advisory Panel the problem of accountability of international organisations for their conduct in the course of transitional administration of territories. The contribution argues that characteristic for this area of international law is a significant discrepancy between the continuing trend of overall humanization of international law on the one side and the practice and functioning of international community on the other, making improvements in this area an burning issue. The contribution of Jitka Hanko is divided into two parts, the first one dealing with the right to water, its regulation and content under international law, the second part introducing specific form of the right to water in the Middle East with regard to historical and geographical givens, highlighting the importance that the water has in the region on political events. Tomáš Lipták starts its contribution on international intestment law and law of indigenous people with the presumption that fragmentation in a form of special international law regimes is inherent to the international public law. As a result, different special regime obligations may collide. The contribution provides an overview of potential collision between international investment law and law of indigenous peoples. International investment arbitration evaluates quality of regulatory measures of the state, its legal order and enforceability and issues binding decision on a potential fi nancial compensation to the foreign investor. Due to non-directly applicable nature of some of international state obligations concerning indigenous people these must be implemented at an intranational level which can be subject to the potential international investment arbitration. The chapter by Solange Maslowski outlines the legal arguments used by France for the expulsion of Bulgarian and Romanian citizens of Roma origin in 2010 and confronts the arguments to European law and human rights law. It also highlights the weaknesses and shortcomings of European law which results in a misuse of the principle of expulsion of Union citizens by some EU member states. Harald Christian Scheu focuses on the problem of violence against women as one of the most important aspects of the international protection of the rights of women, showing how the legal regulation of violence against women may contribute to the unification and, simultaneously, to the fragmentation of the concept of human rights. The chapter contains an analysis of the current concept of „violence against women“, which has been laid down in the documents of international organizations. In addition, it discusses a recent case from Austria and the results of a current study on violence against women in the EU Member States. The study of Josef Mrázek addresses the relationship between IHL and IHRL (both conventional and customary law) and their differences in application during international

273

Made with