Publication details
Právní aspekty přeshraniční přepravy odpadů
Title in English | Legal Aspects of Transborder Shipment of Waste |
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Authors | |
Year of publication | 2008 |
Type | Article in Periodical |
Magazine / Source | České právo životního prostředí : časopis České společnosti pro právo životního prostředí |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | waste management; shipment of wastes; control system; illegal shipment of wastes and liability |
Description | From a legal point of view, transborder shipment of waste involves and touches legal regulations of various branches of law (environmental law, administrative law, commercial law, penal law or international and european law). The principal aim of the thesis is to analyze legal regulation of shipments of waste de lege lata and after that on the basis of this analysis to verify the stated assumption. The entrance of the Czech Republic to the European Union has brought both advantages as freedoms of common internal market (free movement of goods, persons, services and capital) and disadvantages as more pressure on Czech control bodies in order to avoid misusing of those freedoms. The need of effective control system arises in particular when transporting wastes (as unwelcome goods in most cases)abroad. This thesis comes out from assumption that established control system of waste transports in the Czech Republic seems not to be so effective as it should (and could) be. The thesis is divided into four main parts. At first legal regulation development of the studied issue (transborder and intrastate shipment of wastes) is presented. The second part involves analysis of valid legal regulation with special regard to rights and duties of the subjects engaged in the process of waste shipment. The third part examines illegal shipment of wastes and liability and the fourth part brings closer some of the chosen cases of illegal transborder shipment of wastes in the Czech Republic. |
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