CYIL Vol. 5, 2014

CONTENTS

PREFACE Pavel Šturma

VII

ABBREVIATIONS

IX

I. STUDIES IN INTERNATIONAL LAW AND ORGANIZATIONS

1

Non-Traditional Norms in International Law: Approaches in Legal Scholarship Sanderijn Duquet – Jan Wouters 1 ResponsibilityWhile Protecting – an Alternative to R2P, or a Return to its Original Ethos? Veronika Bílková 23 The Existance of the Right to Humanitarian Assistance in the Event of Natural Disasters Ana Polak Petrič 37 The Definition of Aggression and the Use of Force Josef Mrázek 67 What is the Legal Regime of the Arctic? Jan Ondřej 95 The Brussels Convention on the Liability of Operators of Nuclear Ships: Expectations, Basic Principles and the Reasons of Failure Jakub Handrlica 121 CITES at the Beginning of its Fifth Decade: Outdated, or at its Best? Karolina Žákovská 139 Rethinking the ILC Draft Articles on Diplomatic Protection: The Legal Nature of Diplomatic Protection Čestmír Čepelka Diplomatic Protection and other Mechanisms for the Protection of the Individual against Serious Human Rights Violations: Limiting the Discretion Pavel Caban The Position of the Individual in Post-Codification Diplomatic Protection Diana Cucos 157 167 181 II. DIPLOMATIC PROTECTION 155

III. INTERNATIONAL LAW AND EUROPEAN LAW

197

The Intergovernmental Avenues of the European Integration: A Way Ahead for the Economic and Monetary Union? Emil Ruffer Issue of Cooperation on Home Affairs Between the USA and the EU Pavel Biriukov

199

219