Due diligence and the high seas. (2021)
- Record Type:
- Book
- Title:
- Due diligence and the high seas. (2021)
- Main Title:
- Due diligence and the high seas
- Further Information:
- Note: Tony Cabus.
- Authors:
- Cabus, Tony
- Contents:
- 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 PrimaryIntroduction 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 … (more)
- Edition:
- 1st
- Publisher Details:
- London : Routledge
- Publication Date:
- 2021
- Extent:
- 1 online resource
- Subjects:
- 341.45
Law of the sea
Environmental law, International
Reasonable care (Law) - Languages:
- English
- ISBNs:
- 9781000531848
9781000531831
9781003247845 - Related ISBNs:
- 9781032061450
- Notes:
- Note: Includes bibliographical references and index.
Note: Description based on CIP data; resource not viewed. - Access Rights:
- Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
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- Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.
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- Available online (eLD content is only available in our Reading Rooms) ↗
- Physical Locations:
- British Library HMNTS - ELD.DS.650084
- Ingest File:
- 07_015.xml