Due Diligence And The High Seas

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Due Diligence And The High Seas

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Author : Tony Cabus
language : en
Publisher: Routledge
Release Date : 2021-12-21

Due Diligence And The High Seas written by Tony Cabus and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-21 with Law categories.

There has been a rapid growth of interest in due diligence, especially in the fields of environmental law and the law of the sea. Yet, confusion seems to surround this notion. Is due diligence a principle, a rule, a standard or something else? This book firstly explores thoroughly the concept of due diligence, its purpose and its mechanisms in order to propose a comprehensive theory of due diligence in harmony with the general law of State responsibility. In the meantime, this book also explores the usefulness of due diligence to address modern challenges afflicting the high seas. Indeed, while the application of due diligence in transboundary contexts is well illustrated by jurisprudence, its applicability in areas beyond national jurisdiction remains unclear. Yet, a proper usage of this concept may be crucial for the protection of the high seas, as it allows for the intervention of international standards in this fragile area. Hopefully, the concept of due diligence can help compensate the insufficiencies of the United Nations Convention on the Law of the Sea concerning the high seas. Examining in detail the theory of due diligence, this book will interest international lawyers concerned with this notion. It also offers a new perspective on the UNCLOS through the prism of due diligence and will interest lawyers dealing with the protection of the marine environment and fisheries.

The Regime For The Exploitation Of Transboundary Marine Fisheries Resources

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Author : Ellen Hey
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2024-08-26

The Regime For The Exploitation Of Transboundary Marine Fisheries Resources written by Ellen Hey and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-26 with Law categories.

High Seas Governance

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Author : Robert C. Beckman
language : en
Publisher: BRILL
Release Date : 2018-11-26

High Seas Governance written by Robert C. Beckman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-26 with Law categories.

High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.

Global Commons And The Law Of The Sea

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Author : Keyuan Zou
language : en
Publisher: BRILL
Release Date : 2018-08-13

Global Commons And The Law Of The Sea written by Keyuan Zou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-13 with Law categories.

'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

International Law And Marine Areas Beyond National Jurisdiction

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Author : Vito De Lucia
language : en
Publisher: BRILL
Release Date : 2022-01-31

International Law And Marine Areas Beyond National Jurisdiction written by Vito De Lucia and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.

The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.

Liability For Environmental Harm To The Global Commons

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Author : Neil Craik
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-07

Liability For Environmental Harm To The Global Commons written by Neil Craik and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-07 with Law categories.

A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.

Indigenous Peoples Marine Space And Resources And International Law

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Author : Endalew Lijalem Enyew
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-26

Indigenous Peoples Marine Space And Resources And International Law written by Endalew Lijalem Enyew and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.

This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.

The International Legal Regime Relating To Marine Protected Areas In Areas Beyond National Jurisdiction

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Author : Wen Duan
language : en
Publisher: BRILL
Release Date : 2022-06-20

The International Legal Regime Relating To Marine Protected Areas In Areas Beyond National Jurisdiction written by Wen Duan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-20 with Law categories.

The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.

Review And Analysis Of International Legal And Policy Instruments Related To Deep Sea Fisheries And Biodiversity Conservation In Areas Beyond National Jurisdiction

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Author : Food and Agriculture Organization of the United Nations
language : en
Publisher: Food & Agriculture Org.
Release Date : 2018-05-28

Review And Analysis Of International Legal And Policy Instruments Related To Deep Sea Fisheries And Biodiversity Conservation In Areas Beyond National Jurisdiction written by Food and Agriculture Organization of the United Nations and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-28 with Technology & Engineering categories.

Recognizing the need for control, this report focuses on international obligations regarding deep-sea fisheries and biodiversity conservation, and discusses provisions that require national-level implementation. It analyses policy and legal instruments, and identifies implementation challenges.

Iuu Fishing As A Flag State Accountability Paradigm

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Author : Mercedes Rosello
language : en
Publisher: BRILL
Release Date : 2021-07-19

Iuu Fishing As A Flag State Accountability Paradigm written by Mercedes Rosello and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.

Illegal, unreported and unregulated (IUU) fishing is a widely used designation for a broad range of fishing practices with a common theme: whether illegal or not, they cause damage to marine fish stocks and the human communities that depend on them. Yet, when subjected to thorough analysis, this pragmatic governance tool is revealed in a light that calls for caution against uncritical application. Unwrapping its uneasy relationship with international law, this study is ultimately a qualified defence of the IUU fishing paradigm, but also a practical proposal for its reform. This original book makes a genuine contribution to the international fisheries law and policy literature.