Due Diligence and the High Seas
portes grátis
Due Diligence and the High Seas
Cabus, Tony
Taylor & Francis Ltd
01/2024
160
Mole
Inglês
9781032162805
15 a 20 dias
Descrição não disponível.
Introduction
A Rediscovered Concept
A "Constitution for the Ocean in Search of Content
Due Diligence: A Bridge Between Instruments and Actors
Outline of the Thesis
Chapter I: The Development of the General Theory of Due Diligence
Introduction
Section 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification
The Theoretical Roots of Due Diligence: The State's Responsibility for Acts of Private Actors
The Early Judicial Practice on Due Diligence
Conclusion
Section 2: The Work of the International Law Commission
The Work of the ILC on State Responsibility
The Work of the ILC on State Liability
Conclusion
Chapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive Elements
Introduction
Section 1: The No-Harm Rule Confusion
The Tale of the Trail Smelter Arbitration
The Corfu Channel Overinterpretation
Conclusion
Section 2: Due Diligence: A Label of International Obligations
Due Diligence: The General Aspects
Due Diligence: Specificities of Environmental Law
Conclusion
Section 3: The Definition of Due Diligence and its Potential for the High Seas
Working Definition of Due Diligence
The Utility of Due Diligence on the High Seas
Conclusion
Chapter III: The Viability of Due Diligence on the High Seas
Introduction
Section 1: Legal Basis of Due Diligence Obligations on the High Seas
The UNCLOS: A Primordial Framework
The Compliance Agreement: Reinforcement of Effective Control
The FSA: A Primary Tool for International Cooperation
The Guidelines on Deep-Sea Fisheries
The FAO Code of Conduct for Responsible Fisheries and the IPOA-IUU
The Voluntary Guidelines for Flag State Performance: Filling the "Inability" Gap
Conclusion: The Internal and External Interplay of the UNCLOS
Section 2: Due Diligence Obligations and Control on the High Seas
Due Diligence and State-Owned Vessels
Due Diligence and Private Vessels
Conclusions on the Role of the Genuine Link
Chapter IV: Defining Due Diligence: From Interpretation to Law-Making
Introduction
Section 1: Due Diligence as an Informing Process
From Interpretation to Law-Making
The Critical Role of the Judge in the Determination of Diligence
Conclusion
Section 2: Shaping the UNCLOS for Modern Challenges
Informing the UNCLOS Through Due Diligence
Gaps and Limits of Due Diligence
Conclusion
Conclusion
A Rediscovered Concept
A "Constitution for the Ocean in Search of Content
Due Diligence: A Bridge Between Instruments and Actors
Outline of the Thesis
Chapter I: The Development of the General Theory of Due Diligence
Introduction
Section 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification
The Theoretical Roots of Due Diligence: The State's Responsibility for Acts of Private Actors
The Early Judicial Practice on Due Diligence
Conclusion
Section 2: The Work of the International Law Commission
The Work of the ILC on State Responsibility
The Work of the ILC on State Liability
Conclusion
Chapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive Elements
Introduction
Section 1: The No-Harm Rule Confusion
The Tale of the Trail Smelter Arbitration
The Corfu Channel Overinterpretation
Conclusion
Section 2: Due Diligence: A Label of International Obligations
Due Diligence: The General Aspects
Due Diligence: Specificities of Environmental Law
Conclusion
Section 3: The Definition of Due Diligence and its Potential for the High Seas
Working Definition of Due Diligence
The Utility of Due Diligence on the High Seas
Conclusion
Chapter III: The Viability of Due Diligence on the High Seas
Introduction
Section 1: Legal Basis of Due Diligence Obligations on the High Seas
The UNCLOS: A Primordial Framework
The Compliance Agreement: Reinforcement of Effective Control
The FSA: A Primary Tool for International Cooperation
The Guidelines on Deep-Sea Fisheries
The FAO Code of Conduct for Responsible Fisheries and the IPOA-IUU
The Voluntary Guidelines for Flag State Performance: Filling the "Inability" Gap
Conclusion: The Internal and External Interplay of the UNCLOS
Section 2: Due Diligence Obligations and Control on the High Seas
Due Diligence and State-Owned Vessels
Due Diligence and Private Vessels
Conclusions on the Role of the Genuine Link
Chapter IV: Defining Due Diligence: From Interpretation to Law-Making
Introduction
Section 1: Due Diligence as an Informing Process
From Interpretation to Law-Making
The Critical Role of the Judge in the Determination of Diligence
Conclusion
Section 2: Shaping the UNCLOS for Modern Challenges
Informing the UNCLOS Through Due Diligence
Gaps and Limits of Due Diligence
Conclusion
Conclusion
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international environmental law;marine governance;state responsibility theory;transboundary legal standards;fisheries regulation compliance;UNCLOS interpretation;high seas environmental protection
Introduction
A Rediscovered Concept
A "Constitution for the Ocean in Search of Content
Due Diligence: A Bridge Between Instruments and Actors
Outline of the Thesis
Chapter I: The Development of the General Theory of Due Diligence
Introduction
Section 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification
The Theoretical Roots of Due Diligence: The State's Responsibility for Acts of Private Actors
The Early Judicial Practice on Due Diligence
Conclusion
Section 2: The Work of the International Law Commission
The Work of the ILC on State Responsibility
The Work of the ILC on State Liability
Conclusion
Chapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive Elements
Introduction
Section 1: The No-Harm Rule Confusion
The Tale of the Trail Smelter Arbitration
The Corfu Channel Overinterpretation
Conclusion
Section 2: Due Diligence: A Label of International Obligations
Due Diligence: The General Aspects
Due Diligence: Specificities of Environmental Law
Conclusion
Section 3: The Definition of Due Diligence and its Potential for the High Seas
Working Definition of Due Diligence
The Utility of Due Diligence on the High Seas
Conclusion
Chapter III: The Viability of Due Diligence on the High Seas
Introduction
Section 1: Legal Basis of Due Diligence Obligations on the High Seas
The UNCLOS: A Primordial Framework
The Compliance Agreement: Reinforcement of Effective Control
The FSA: A Primary Tool for International Cooperation
The Guidelines on Deep-Sea Fisheries
The FAO Code of Conduct for Responsible Fisheries and the IPOA-IUU
The Voluntary Guidelines for Flag State Performance: Filling the "Inability" Gap
Conclusion: The Internal and External Interplay of the UNCLOS
Section 2: Due Diligence Obligations and Control on the High Seas
Due Diligence and State-Owned Vessels
Due Diligence and Private Vessels
Conclusions on the Role of the Genuine Link
Chapter IV: Defining Due Diligence: From Interpretation to Law-Making
Introduction
Section 1: Due Diligence as an Informing Process
From Interpretation to Law-Making
The Critical Role of the Judge in the Determination of Diligence
Conclusion
Section 2: Shaping the UNCLOS for Modern Challenges
Informing the UNCLOS Through Due Diligence
Gaps and Limits of Due Diligence
Conclusion
Conclusion
A Rediscovered Concept
A "Constitution for the Ocean in Search of Content
Due Diligence: A Bridge Between Instruments and Actors
Outline of the Thesis
Chapter I: The Development of the General Theory of Due Diligence
Introduction
Section 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification
The Theoretical Roots of Due Diligence: The State's Responsibility for Acts of Private Actors
The Early Judicial Practice on Due Diligence
Conclusion
Section 2: The Work of the International Law Commission
The Work of the ILC on State Responsibility
The Work of the ILC on State Liability
Conclusion
Chapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive Elements
Introduction
Section 1: The No-Harm Rule Confusion
The Tale of the Trail Smelter Arbitration
The Corfu Channel Overinterpretation
Conclusion
Section 2: Due Diligence: A Label of International Obligations
Due Diligence: The General Aspects
Due Diligence: Specificities of Environmental Law
Conclusion
Section 3: The Definition of Due Diligence and its Potential for the High Seas
Working Definition of Due Diligence
The Utility of Due Diligence on the High Seas
Conclusion
Chapter III: The Viability of Due Diligence on the High Seas
Introduction
Section 1: Legal Basis of Due Diligence Obligations on the High Seas
The UNCLOS: A Primordial Framework
The Compliance Agreement: Reinforcement of Effective Control
The FSA: A Primary Tool for International Cooperation
The Guidelines on Deep-Sea Fisheries
The FAO Code of Conduct for Responsible Fisheries and the IPOA-IUU
The Voluntary Guidelines for Flag State Performance: Filling the "Inability" Gap
Conclusion: The Internal and External Interplay of the UNCLOS
Section 2: Due Diligence Obligations and Control on the High Seas
Due Diligence and State-Owned Vessels
Due Diligence and Private Vessels
Conclusions on the Role of the Genuine Link
Chapter IV: Defining Due Diligence: From Interpretation to Law-Making
Introduction
Section 1: Due Diligence as an Informing Process
From Interpretation to Law-Making
The Critical Role of the Judge in the Determination of Diligence
Conclusion
Section 2: Shaping the UNCLOS for Modern Challenges
Informing the UNCLOS Through Due Diligence
Gaps and Limits of Due Diligence
Conclusion
Conclusion
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