CYIL 2014

TOMÁŠ LIPTÁK CYIL 5 ȍ2014Ȏ Rights and problems that have arisen. The authors’ legal findings provide that just satisfaction can be provided for natural persons and legal persons as well; however, rights which are the object of wrongful state conduct differ, and so does the type of satisfaction or an amount of pecuniary compensation given. As an interesting example of the discrepancy between just satisfaction provided for legal and natural persons in the case law of the European Court of Human Rights is the case Agrokompleks v. Ukraine, which amounted to 27 million Euros for the Agrokompleks company. More interesting, the authors of the chapter further provide for a plausible explanation for the above mentioned phenomenon. In another chapter Milan Lipovský provides insight into the institution of rehabilitation which is materialising in contemporary international law. An overview is provided in defining rehabilitation and giving a comparison to the other institutions of reparation in the international law. More interesting is the clarification of the term rehabilitation based on cues found in the existing sources of international law, e.g. the UN Convention against Torture, the Rome Statute of the International Criminal Court, the UN Convention on the Rights of Persons with Disabilities or International Covenant, the International Covenant on Civil and Political Rights. Albeit in theory, the chapter clearly states the importance of this specific institution in future practice specifically in the form of social, medical, legal or psychological counseling for victims of internationally wrongful conduct. Special forms of reparation for damages The next chapter concerns liability for oil pollution damage as an addition to the international state responsibility for wrongful conduct. Jan Ondřej reflects on the advisability of extending the responsibility of state parties for breaching obligations contained in the present regime of the International Convention on Civil Liability for Oil Pollution Damage and the International Fund for Compensation for Oil Pollution Damage. An overview of conventions is given with emphasis on the number of contractual state parties or on the insufficiency of the aforementioned instruments in compensating damages caused by oil pollution. Liability for nuclear damages is the topic of an adjoining chapter provided by Kamila Hájíčková. The chapter provides a brief overview of relevant legal principles, international and national Czech legislation concerning civil liability. The main premise of the chapter deals with the clash of international obligations arising from different sources of law, namely obligations of member states of European Union arising from Acquis Communautaire and, on the other hand, obligations arising from international law concerning nuclear damages. As a final touch comes a chapter from Vojtěch Pospíšil presenting reparation in the regime of international maritime law. The reader can get acquainted with the indemnification mechanism of the United Nations’ Convention on the Law of the Sea, especially in the case of hot pursuit and the right of visit based on the case law

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