Due Diligence And The High Seas

Author : Tony Cabus
Publisher : Routledge
ISBN 13 : 1000531848
Total Pages : 128 pages
Book Rating : 4.48/5 ( download)

DOWNLOAD NOW!

Download or read book Due Diligence and the High Seas written by Tony Cabus and published by Routledge. This book was released on 2021-12-21 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Simone Borg
Publisher : Edward Elgar Publishing
ISBN 13 : 085793564X
Total Pages : 337 pages
Book Rating : 4.49/5 ( download)

DOWNLOAD NOW!

Download or read book Conservation on the High Seas written by Simone Borg and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert C. Beckman
Publisher : BRILL
ISBN 13 : 9004373306
Total Pages : 336 pages
Book Rating : 4.03/5 ( download)

DOWNLOAD NOW!

Download or read book High Seas Governance written by Robert C. Beckman and published by BRILL. This book was released on 2018-11-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Ellen Hey
Publisher : BRILL
ISBN 13 : 9780792304586
Total Pages : 328 pages
Book Rating : 4.86/5 ( download)

DOWNLOAD NOW!

Download or read book The Regime for the Exploitation of Transboundary Marine Fisheries Resources written by Ellen Hey and published by BRILL. This book was released on 1989 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Keyuan Zou
Publisher : BRILL
ISBN 13 : 9004373330
Total Pages : 373 pages
Book Rating : 4.34/5 ( download)

DOWNLOAD NOW!

Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Commons and the Law of the Sea respectively addresses 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.

Author : Mercedes Rosello
Publisher : BRILL
ISBN 13 : 9004463216
Total Pages : 249 pages
Book Rating : 4.19/5 ( download)

DOWNLOAD NOW!

Download or read book IUU Fishing as a Flag State Accountability Paradigm written by Mercedes Rosello and published by BRILL. This book was released on 2021-07-19 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Elise Johansen
Publisher : Cambridge University Press
ISBN 13 : 1108842267
Total Pages : 463 pages
Book Rating : 4.66/5 ( download)

DOWNLOAD NOW!

Download or read book The Law of the Sea and Climate Change written by Elise Johansen and published by Cambridge University Press. This book was released on 2020-12-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

Author : Jacques Hartmann
Publisher : Bloomsbury Publishing
ISBN 13 : 150991739X
Total Pages : 425 pages
Book Rating : 4.96/5 ( download)

DOWNLOAD NOW!

Download or read book The Achievements of International Law written by Jacques Hartmann and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this collection of essays in Robin Churchill's honour is to discuss some key examples of the achievements of international law – with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills. The book is divided into five distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system.

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
ISBN 13 : 9251097003
Total Pages : 94 pages
Book Rating : 4.07/5 ( download)

DOWNLOAD NOW!

Download or read book 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 published by Food & Agriculture Org.. This book was released on 2018-05-28 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Vito De Lucia
Publisher : BRILL
ISBN 13 : 9004506365
Total Pages : 469 pages
Book Rating : 4.67/5 ( download)

DOWNLOAD NOW!

Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.