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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