Due Diligence and the High Seas

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Release : 2021-12-21
Genre : Law
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Book Rating : 848/5 ( reviews)

Due Diligence and the High Seas - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Due Diligence and the High Seas write by Tony Cabus. This book was released on 2021-12-21. Due Diligence and the High Seas available in PDF, EPUB and Kindle. 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.

Conservation on the High Seas

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Release : 2012-01-01
Genre : Nature
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Book Rating : 64X/5 ( reviews)

Conservation on the High Seas - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conservation on the High Seas write by Simone Borg. This book was released on 2012-01-01. Conservation on the High Seas available in PDF, EPUB and Kindle. ïThis book from Simone Borg is a much needed and highly recommended study on conservation on the high seas and harmonizing international regimes for the sustainable use of living resources. This publication is very topical considering the continuous over-exploitation of the living resources. It is a very exhaustive study of many international instruments, the most importantly the 1982 The United Nations Law of the Sea Convention. The author in an admirable manner linked the issue of the conservation of living resources on the high seas to the fundamental principles underlying modern environmental law such as the precautionary principle. The unique feature which sets this book apart from the other similar publications is that it is firmly entrenched in general international law, i.e. deals in a very erudite manner with the issues of fragmentation and harmonisation of international law in the context of conservation. This book will appeal not only to the experts on the law of the sea, but also to general international lawyers.Í _ Malgosia Fitzmaurice, Queen Mary, University of London, UK ïThis is an excellent book, which has taken apart a very complicated part of international law, and reassembled it in a manner which is up-to-date, accessible, insightful and coherent. In doing so, this work plugs a gap in the scholarship in this area, for which the author is to be truly commended. It is an essential addition for all practitioners, scholars and students who work or study, in one of the foremost environmental challenges of the 21st century: conservation on the high seas.Í _ Alexander Gillepsie, University of Waikato, New Zealand ïThe conservation of living marine resources with diverse characteristics and life styles has become an international concern. BorgÍs book provides an examination of the regulatory and legal implications of marine conservation. The analysis takes account of UNCLOS Treaties and the UNCED (1992) that aid a more holistic response by States towards conservation, the marine environment and socio-economic needs. Despite shortcomings and failures there have been success stories that highlight the potential of effective interaction between fisheries law and environmental law. The book addresses the legal aspects of international regimes aimed at setting conservation obligations, compliance and enforcement. This is a path breaking work that shows how international law can diversify itself into different legal streams to ensure flexibility and a degree of adaptation to the different interests of the States involved.Í _ John McEldowney, University of Warwick, UK This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species. An intricate body of norms has accumulated over the last few decades, consisting of prior and subsequent rules addressing the same issues, as well as a number of specialized rules that supplement more general ones. However, this process has also exposed the fragmentation of the relevant international regimes, with evolving and diverse interpretations of the same legal terms fine-tuning or qualifying earlier treaties. Uncertainty prevails as to how these norms interrelate with each other. The book assesses to what extent the harmonization of these international regimes is possible. It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply ïinterpreted awayÍ but require the further development of international law in order to be resolved properly. This unique book will appeal to academics and students in international law, especially those researching marine conservation and the applicable legal framework. It will be equally useful to organizations both public and private with an interest in marine conservation beyond national jurisdiction. Environmental groups and policy-makers in maritime affairs, environmental issues and fisheries management will also find much to interest them in this insightful book.

High Seas Governance

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Release : 2018-11-22
Genre : Law
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Book Rating : 306/5 ( reviews)

High Seas Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook High Seas Governance write by Robert C. Beckman. This book was released on 2018-11-22. High Seas Governance available in PDF, EPUB and Kindle. High Seas Governance: Gaps and Challenges discusses and presents solutions to identified gaps in the legal regime governing the high seas, including the protection of sensitive marine areas, marine pollution, conservation of marine living resources, and activities by non-state actors.

Human Rights and the Dark Side of Globalisation

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Release : 2016-12-08
Genre : Law
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Book Rating : 252/5 ( reviews)

Human Rights and the Dark Side of Globalisation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Human Rights and the Dark Side of Globalisation write by Thomas Gammeltoft-Hansen. This book was released on 2016-12-08. Human Rights and the Dark Side of Globalisation available in PDF, EPUB and Kindle. This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.

IUU Fishing as a Flag State Accountability Paradigm

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Release : 2021-07-19
Genre : Law
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Book Rating : 216/5 ( reviews)

IUU Fishing as a Flag State Accountability Paradigm - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook IUU Fishing as a Flag State Accountability Paradigm write by Mercedes Rosello. This book was released on 2021-07-19. IUU Fishing as a Flag State Accountability Paradigm available in PDF, EPUB and Kindle. This book sheds light into the uneasy relationship between the ‘IUU fishing’ designation as a governance mechanism, and international law. Building on previous literature, this original study will be of interest to international fisheries governance academics and policymakers alike.