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Alexander Proelß - United Nations Convention on the Law of the Sea

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Alexander Proelß (ed.)

United Nations Convention on the Law of the Sea

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2017

Results in this title

. Rights and legitimate interests of coastal States S. 987-990

„… based on the provisions of Part XI.30 Article 142 Rights and legitimate interests of coastal States 1 …” „… jurisdiction, shall be conducted with due regard to the rights and legitimate interests of any coastal State …” „… Part nor any rights granted or exercised pursuant thereto shall affect the rights of coastal States to …”

. Rights of protection of the coastal State S. 223-227

„… outside internal waters, the coastal State also has the right to take the necessary steps to prevent any …” „… Coastal State Jurisdiction (2001), 303–321; Francis Ngantcha, The Right of Innocent Passage and the …” „… establishes the circumstances in which the coastal States can take action to limit the right of innocent …”

. Rights of the coastal State over the continental shelf S. 601-615

„… Annex. Article 77 Rights of the coastal State over the continental shelf 1. The coastal State exercises …” „… resources. 2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State …” „… activities without the express consent of the coastal State. 3. The rights of the coastal State over the …”

. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone S. 419-438

„… or of the international community as a whole.’80 3. ‘rights and jurisdiction of the coastal State’ 19 …” „… The notion of ‘rights and jurisdiction of the coastal State’ is first and foremost substantiated by …” „… rights of coastal and other States are neither exclusively nor comprehensively prescribed by Part V of …”

. Delimitation of the territorial sea between States with opposite or adjacent coasts S. 150-168

„… given its own independent article.8 III. Elements 1. ‘The coastal State may determine baselines in turn …” „… Bangladesh had there argued that the 1974 ‘Agreed Minutes’ created rights and obligations for each State and …” „… Art. 15, stated that the two disputing coastal States (Croatia and Slovenia) were (while the dispute …”

. Duty to comply with certain conditions S. 1680-1691

„… researching States and competent international organizations to ensure the right of coastal States to …” „… continental shelf of a coastal State shall comply with the following conditions: (a) ensure the right of the …” „… 2. ‘right of the coastal State […] to participate or to be represented’ . . . . . . . . . . . . . 8 …”

. Marine scientific research in the exclusive economic zone and on the continental shelf S. 1650-1665

„… right of coastal States to ‘regulate’ MSR, and for this reason this clause has been referred to as being …” „… , the right of coastal States with respect to MSR in the EEZ ( Art. 246 (1)) is considerably limited …” „… . Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct …”

. Suspension or cessation of marine scientific research activities S. 1701-1708

„… cessation of marine scientific research activities 1. A coastal State shall have the right to require the …” „… comply with the provisions of article 249 concerning the rights of the coastal State with respect to the …” „… 20.02.2017 18:34:38 3B2 9.1.580; Page size: 160.00mm 240.00mm 2. A coastal State shall have the right to …”

. Marine scientific research in the territorial sea S. 1644-1650

„… territorial sea is subject to the sovereignty of coastal States, and provides specific rights concerning MSR …” „… lays down. This further clarifies the right of coastal States to authorize and regulate MSR in the …” „… , authorize and conduct marine scientific research’ 4 Art. 245 sets out specific rights of coastal States with …”

. Duties of the coastal State S. 218-223

„… denying or impairing the right of innocent passage’. . . . . . . . . 7 3. ‘the coastal State shall not …” „… balance is struck between the coastal State’s legislative competency and the maintenance of the right of …” „… on the Rights and Obligations of Coastal States in the Area under Their Jurisdiction, UN Doc. A/AC …”

. Utilization of the living resources S. 494-507

„… fisheries management in the EEZ.4 Once it had been agreed that coastal States would have certain rights to …” „… is a sufficient safeguard against abuse of the right by coastal States. 8 It is not only commercial …” „… power is linked to the sovereign and exclusive nature of the coastal State’s rights that the chief …”

. Right of land-locked States S. 544-549

„… provides details as to the manner in which a coastal State should have ‘particular regard’ to the rights of …” „… that ‘every state, whether coastal or not, has the right to sail ships under its flag on the high seas …” „… that the extension of coastal State jurisdiction should not be detrimental to LLS, the precise rights …”

. Rights and duties of other States in the exclusive economic zone S. 445-459

„… due regard to the rights and duties of the coastal State …” „… included in Part V that does not address the powers of the coastal State, but rather deals with the rights …” „… subjected to the sovereign rights of the coastal State and is thus governed by Art. 56 (1). In light of this …”

. Meaning of innocent passage S. 187-197

„… or port facilities outside internal waters. Art. 27 (2) reaffirms the coastal State’s right to assert …” „… coastal State can invoke its rights in relation to non-innocent passage under the Convention. II …” „… unfettered right for passage with the authority of the coastal State to take protective measures, especially …”

. Artificial islands, installations and structures in the exclusive economic zone S. 465-481

„… exclusive economic zone 1. In the exclusive economic zone, the coastal State shall have the exclusive right …” „… exercise of the rights of the coastal State in the zone …” „… (4)-(6) deals with the right of the coastal State to establish reasonable safety zones around the …”

. Artificial islands, installations and structures on the continental shelf S. 629-635

„… installations and structures, this right is exclusive to coastal States for the purposes of exploration and …” „… the rights of the coastal State (Art. 60 (1) (c)), the exclusive right of the coastal State is not …” „… : 160.00mm 240.00mm 2Art. 60 grants coastal States these exclusive rights in relation to the exclusive …”

. Right of geographically disadvantaged States S. 549-553

„… right and it is up to the coastal State to decide upon access to its surplus. Indeed, the coastal State …” „… of the coastal State, and the provision therefore falls short of creating any absolute rights for …” „… Art. 69 assume that a LLS will negotiate access to the living resources of another coastal State on a …”

. Enforcement of laws and regulations of the coastal State S. 557-564

„… . . . . . . . . . . . . . . . . . . . . . . . . 22 I. Purpose and Function 1UNCLOS confers significant rights on coastal States to manage the living …” „… specifies that the coastal State has the right to establish enforcement procedures in relation to foreign …” „… rights possessed by the coastal State in the EEZ. Thus, early proposals on the subject varied enormously …”

. Duty to provide information to the coastal State S. 1674-1680

„… international organizations to ensure the rights of the coastal State to participate or to be represented in the …” „… corresponding obligation of coastal States within the context of the balance of rights and obligations between …” „… , considering that the purpose of a consent regime of MSR is to accommodate both the rights of coastal States …”

. Criminal jurisdiction on board a foreign ship S. 230-238

„… by the coastal State could be prejudicial to the exercise of the right of innocent passage.’16 10This …” „… psychotropic substances. 2. The above provisions do not affect the right of the coastal State to take any steps …” „… the territorial sea. In contrast, the coastal State has broader jurisdictional rights against foreign …”

. Laws and regulations of the coastal State relating to innocent passage S. 200-209

„… activities, there is link between compliance with coastal State laws and enjoyment of the right of innocent …” „… foreign warships, and, in particular, the right of coastal States to require prior notification or …” „… passage’ 7Art. 21 is specifically concerned with prescriptive jurisdiction and the right of coastal States …”

. Sea lanes and traffic separation schemes in the territorial sea S. 209-214

„… Material by Sea: Do Current Safeguards Provide Coastal States A Right to Deny Innocent Passage, J …” „… coastal States acquired greater legal rights over coastal waters and demands for a wider territorial sea …” „… right. The right of innocent passage continues whether or not a coastal States has designated a sea …”

. Non-compliance by warships with the laws and regulations of the coastal State S. 245-249

„… Republic, Poland and USSR.3 Other proposals advanced the right of the coastal State to suspend the passage …” „… : Preliminary Draft Articles on the Delimitation of Coastal State Jurisdiction in Ocean Space and on the Rights …” „… any request for compliance which is made to it, the coastal State may suspend the right of passage of …”

. Specific legal regime of the exclusive economic zone S. 409-419

„… the coastal State and the rights and freedoms of other States are governed by the relevant provisions …” „… 3B2 9.1.580; Page size: 160.00mm 240.00mm 3. ‘rights and jurisdiction of the coastal State …” „… status of the EEZ, reference being made therein to the ‘rights and jurisdiction of the coastal State’ on …”

. Legal status of the superjacent waters and air space and the rights and freedoms of other States S. 615-619

„… non-living resources as regards the rights of the coastal State. Although not envisaged in the drafting of …” „… other States 1. The rights of the coastal State over the continental shelf do not affect the legal …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. ‘The rights of the coastal State over the continental shelf do not affect the legal status of …”

. Enforcement by coastal States S. 1506-1513

„… Rights Exercisable by Coastal States for the Purpose of Preventing Marine Pollution, U.N. Doc. A/AC.138 …” „… coastal State does not have ‘sovereign rights’ but ‘jurisdiction’ with regard to the protection and …” „… right of transit passage 14 As indicated above, Art. 220 (2), (5) and (6) allow the coastal State to …”

. Suspension and restrictions on institution of proceedings S. 1548-1553

„… account the right of the coastal State to adopt laws and regulations relating to innocent passage …” „… restriction of the right of flag State pre-emption.24 18 Should a dispute arise between the coastal and flag …” „… proceedings under the exercise of coastal States’ right of preemption as provided by Art. 218 (4) may suffer …”

. Pollution from vessels S. 1420-1444

„… hand, by referring to Art. 25 (2), it preserves the right of the coastal State, with respect to ‘ships …” „… . 211 (4) articulates a right, coastal States are under the general obligation, set forth in Arts. 192 …” „… the territorial sea. The right of the coastal State to adopt laws and regulations is limited by the …”

. Rights of neighbouring land-locked and geographically disadvantaged States S. 1708-1714

„… disputes arising from an ‘allegation […] that […] the coastal State is not exercising its rights under …” „… MSR projects to LL/GDS was left untouched, coastal States acquired a right to be notified of such …” „… . 249 (1)(a) (‘ensure the right of the coastal State […] to participate’) and Art. 254 (3) (‘be given …”

. Submarine cables and pipelines on the continental shelf S. 619-629

„… continental shelf is subject to the consent of the coastal State. 4. Nothing in this Part affects the right of …” „… .’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5. ‘the right of the coastal State to establish conditions for cables and pipelines entering its …” „… moment of their appearance.2 2 The coastal State enjoys sovereign rights over its continental shelf as …”

. Right to fish on the high seas S. 792-804

„… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. ‘the rights and duties as well as the interests of coastal States provided for, inter alia, in …” „… obligations; (b) the rights, duties and interests of coastal States in, inter alia, straddling, highly …” „… practice of coastal States claiming fishery zones and preferential rights. The legal concept of adjacent …”

. Limitations on applicability of section 2 S. 1908-1920

„… of any dispute arising out of: (i) the exercise by the coastal State of a right or discretion in …” „… researching State that with respect to a specific project the coastal State is not exercising its rights under …” „… out of the exercise by coastal States of their sovereign rights or jurisdiction conferred by the …”

. Sedentary species S. 541-544

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Rights and Obligations of the Coastal State in Relation to Sedentary Species. . . 6 I. Purpose …” „… Part VII of the Convention. Art. 77 confirms that coastal States have exclusive rights to all natural …” „… rights and obligations possessed by the coastal State, as explained below. II. Historical Background 2 …”

. Civil jurisdiction in relation to foreign ships S. 238-242

„… ; Page size: 160.00mm 240.00mm suggest that coastal States should not exercise their right to arrest …” „… voyage through the waters of the coastal State. 3. Paragraph 2 is without prejudice to the right of the …” „… voyage through the waters of the coastal State. The above provisions are without prejudice to the right …”

. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil S. 28-35

„… ’ 14 Art. 2 (1) designates coastal State sovereignty over the territorial sea. The rights of the …” „… coastal State over the territorial sea do not differ in nature from rights exercised over land territory …” „… the coastal State to protect those rights which other States may enjoy in the territorial sea. This …”

. Communications concerning marine scientific research projects S. 1691-1694

„… Seventh Session, which was introduced to give coastal States a right to secure an agreement on publication …” „… itself was created out of the consideration for the sovereign rights of coastal States. However, on the …” „… the laws and regulations of the coastal State for the exercise of its discretion to grant or withhold …”

. Ice-covered areas S. 1567-1586

„… Ice-covered areas Article 234 Ice-covered areas Coastal States have the right to adopt and enforce …” „… preserve rare or fragile ecosystems.’ 3The rights and jurisdiction of a coastal State to establish and …” „… ’ established under Art. 234. Whereas the latter grants the coastal State a unilateral right, the former imposes …”

. Non-applicability of articles 69 and 70 S. 553-555

„… own obligation to take account of the rights of other States, including the coastal State, and of the …” „… rights of land-locked and geographically dependent States in the EEZ where coastal states are …” „… ; Page size: 160.00mm 240.00mm 4. ‘only in the exclusive economic zones of developed coastal States of …”

. Drilling on the Continental Shelf S. 635-640

„… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Purpose and Function 1 Art. 81 sets out the exclusive right of the coastal State to authorise …” „… out the sovereign rights of coastal States on the continental shelf for the purposes of exploring and …” „… similarly proposed that: ‘The coastal State shall have the exclusive right to authorize and regulate …”

. Meaning of passage S. 182-187

„… not deal expressly with violations of the right of innocent passage. In principle, coastal States …” „… This is implicit in the right of coastal State under Art. 25 (1).46 The position of warships which …” „… Background 3 The idea that foreign ships have a general right of passage through a third State’s coastal …”

. Laws and regulations of States bordering straits relating to transit passage S. 314-321

„… implies rather clearly that coastal [s]tate does not have the right to require transiting vessels to …” „… coastal State, which Art. 41 (7) obligates the ships to respect. There is no consequence spelt out under …” „… basis of which the coastal State may find remedy against the violations.44 Article 42 Laws and …”

. Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the exclusive economic zone S. 459-465

„… attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. ‘In cases where this Convention does not attribute rights or jurisdiction to the coastal State …” „… established has not attributed all possible rights and jurisdiction to the coastal States or to other States …”

. Archaeological and historical objects found at sea S. 1951-1962

„… objects out of the coastal State.’6 Greece was also in favour of granting to the coastal State the right …” „… also circulated in 1980.8 It granted some limited rights to the coastal State within the 24 NM …” „… exchanges.’9 This proposal was based on the assumption that granting to the coastal States rights over …”

. Implied consent S. 1697-1701

„… consent, and the coastal State loses the right to enjoin the researching State or organization from …” „… scientific research activities 1. A coastal State shall have the right to require the suspension of any …” „… the provisions of article 249 concerning the rights of the coastal State with respect to the marine …”

. Conservation of the living resources S. 481-494

„… the exercise of preferential rights of the coastal State, as well as the historic rights of other …” „… for the implementation of relevant international human rights obligations of coastal States, namely …” „… delimitation. Article 61 Conservation of the living resources 1. The coastal State shall determine the …”

. Tunnelling S. 671-676

„… Tunnelling This Part does not prejudice the right of the coastal State to exploit the subsoil by means of …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. ‘the right of the coastal State to exploit the subsoil by means of tunnelling’ . . . . 8 3 …” „… shelf laid out in Part VI does not affect the rights of the coastal State to exploit the subsoil of the …”

. Right of innocent passage S. 177-182

„… of all States, whether coastal or land-locked, enjoy the right of innocent passage through the …” „… interests between coastal States and vessels enjoying the right of innocent passage. Section 3 of Part II …” „… continues to define the meaning and extent of passage, the rights and duties of coastal States and flag …”

. Navigational and safety aids and other improvements and the prevention, reduction and control of pollution S. 321-325

„… on the Rights and Obligations of Coastal States in the Area Under Their Jurisdition, UN Doc. A/AC.138 …” „… straits which the coastal State borders. To further clarify the supremacy of the right of transit passage …” „… enforcement powers of the coastal State are very limited. If they are not separated, the ships at fault could …”

. Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it S. 507-514

„… nationals and third State vessels individually.19 Thus, coastal States retain their rights under Arts. 56 …” „… area is subject to the rights and interests of the coastal State, as is expressly confirmed in Art. 116 …” „… ; Page size: 160.00mm 240.00mm coastal State, but it is also necessary to work out precisely how the …”

. Measures to facilitate marine scientific research and assist research vessels S. 1714-1718

„… promotion and facilitation of MSR. It does not create any specific duties on coastal States nor rights for …” „… observers which are to be taken onboard in accordance with the right of the coastal State to participate20 …” „… are usually boarded at ports of the coastal States. Since foreign vessels do not have a general right …”

. Charges which may be levied on foreign ships S. 227-230

„… include a further provision stating the right of the coastal State to demand information on the …” „… by the coastal State could be prejudicial to the exercise of the right of innocent passage.’16 10This …” „… . First, it must be necessary to protect coastal State security. It may be noted that this provision only …”

. Right to conduct marine scientific research S. 1606-1615

„… sovereignty ( Art. 245) and the jurisdictional rights ( Art. 246) of coastal States are the main opposite …” „… exploration and exploitation rights to the coastal State. This raised the question as to whether the coastal …” „… right to MSR and the rights of the coastal State.15 9 Further questions were raised by the establishment …”

. Enforcement by port States S. 1488-1497

„… sovereign rights in the EEZ, the port State acts either as an agent for the coastal State(s) concerned or …” „… wanted to retain exclusive jurisdiction with limited inspection rights for port States and coastal States …” „… to investigate alleged discharge violations which correlates with the limited coastal State’s rights …”

. Non-recognition of marine scientific research activities as the legal basis for claims S. 1625-1631

„… States have no territorial or exclusive exploitation rights concerning coastal States’ internal waters …” „… a protective notion concerning coastal States’ sovereign rights over territory and resources and a …” „… national jurisdiction are concerned, coastal States’ rights to exploration and exploitation are not only …”

. Breadth of the exclusive economic zone S. 438-445

„… ‘for all purposes’, and keeping in mind that Art. 85 emphasizes the coastal State’s right to exploit …” „… territorial sea, within which the coastal State was to be entitled to exercise ‘the same rights in respect of …” „… maximum breadth of 200 NM, within which the coastal State would exercise sovereign rights of over the …”

. Measures to avoid pollution arising from maritime casualties S. 1513-1522

„… been linked to the right of self-protection or self-help1 and is also referred to as the coastal States …” „… reaffirms the coastal State’s rights with regard to threats caused by activities in the Area.36 The right …” „… sovereign rights. Intervention in a foreign territorial sea amounts to a violation of that coastal State’s …”

. Restrictions on transfer of rights S. 555-557

„… rights of land-locked and geographically dependent States in the EEZ where coastal states are …” „… overwhelmingly dependent on fisheries. It excludes the rights of these States not only in relation to access to …” „… the surplus of the allowable catch, but also any rights that these States may have to equitable …”

. Duties of States bordering straits S. 325-328

„… straits which the coastal State borders. To further clarify the supremacy of the right of transit passage …” „… coastal State in accordance with the SOLAS 1974, and that in case of a dispute involving the rights and …” „… these busy waterways has gradually been shared by non-coastal States, which, after all, had been one of …”

. Equal treatment in maritime ports S. 930-934

„… of the coastal State’.7 1 Entitled ‘Right of Access of Land-Locked States to and From the Sea and …” „… coastal States, in their maritime ports. Art. 131 is broader in scope than the other articles in Part X,1 …” „… that of coastal States, based on the presumption that a ship must be physically capable of departing …”

. Notification to the flag State and other States concerned S. 1558-1562

„… that was drafted together with provisions on coastal States’ right to require information laid out that …” „… since the Trail Smelter case that: ‘under the principles of international law […] no State has the right …” „… the International Covenant on Civil and Political Rights.16 Article 231 Notification to the flag State …”

. Legal status of waters forming straits used for international navigation S. 273-277

„… overstate the reality as far as the rights and duties of the coastal State and flag State are concerned …” „… the right of transit passage; nor could it result in the imposition by the coastal State of its own …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Extent of the Coastal State’s Powers …”

. Marine scientific research projects undertaken by or under the auspices of international organizations S. 1665-1674

„… this asymmetry as reflecting the sovereign rights and jurisdiction of coastal States in their EEZs and …” „… jurisdiction of the coastal State would prevail over the right of the researching State to conduct MSR in case …” „… the coastal States obtained for the first time sovereign rights with respect to living resources up to …”

. Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles S. 640-652

„… and 85 of the Convention in giving coastal States rights50 in relation to the artificial islands …” „… right of the coastal State to authorise and regulate. Article 82 Payments and contributions with respect …” „… , EYIEL 2 (2011), 151, 154. 49 Stoll (note 46), para. 41. 50 The precise rights of the coastal State vary …”

Index S. 2554-2619

„… – rights, jurisdiction and duties of coastal States in the EEZ 56 21 – safety of navigation 60 20 et seq …” „… et seq. – rights and legitimate interests of coastal States 142 1 et seq., see also there – States …” „… ’ obligation to protect and preserve the marine environment 192 6 Coastal State’s right concerning continental …”

. Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances S. 214-218

„… . The final decision to implement a traffic scheme remains with individual coastal States. 13Apart from …” „… appropriate points or directions, and refrain from crossing traffic lanes. 4. ‘coastal State shall clearly …” „… the location and requirements of the scheme. Accordingly, coastal States are to clearly mark sea lanes …”

. Finality and binding force of decisions S. 1905-1908

„… Convention with regard to the exercise by a coastal State of its sovereign rights or jurisdiction provided …” „… such settlement of any dispute arising out of: (i) the exercise by the coastal State of a right or …” „… possibility to affect the rights of third States that are not parties to a dispute, though third States could …”

. Deployment and use S. 1732-1739

„… continental shelf must be exercised with due regard to the sovereign rights of the coastal State. If the scope …” „… 28 (2013), 729–736. 43 Gerard J. Mangone, The Effect of Extended Coastal State Jurisdiction over the …” „… the necessity of obtaining the consent of the coastal State was generally acknowledged, views as to …”

. Breadth of the territorial sea S. 35-42

„… coastal States. Hence, the most pressing economic topics, in particular fishery rights, were uncoupled …” „… establishes not only rights but also responsibilities for the coastal State. The de facto dereliction of its …” „… obligation of the coastal State to comply with the Convention and other rules of international law. This view …”

. Submarines and other underwater vehicles S. 197-200

„… explicit provisions emphasizing the coastal State 1 Francis Ngantcha, The Right of Innocent Passage and the …” „… with any systems of communication or any other facilities or installations of the coastal State’. This …” „… be some positive act that renders passage non-innocent. It may also afford coastal States some …”

. Measures relating to seaworthiness of vessels to avoid pollution S. 1497-1506

„… violations which correlates with the limited coastal State’s rights of interference in the EEZ under Art. 220 …” „… of port, coastal and flag States. If the port State has carried out investigations, either at its own …” „… discretion (Art. 218 (1)) or upon request of a coastal or the flag State (Art. 218 (2) and (3)), it is under …”

. Use of the Area exclusively for peaceful purposes S. 983-987

„… provisions of Part XI.30 Article 142 Rights and legitimate interests of coastal States 1. Activities in the …” „… , shall be conducted with due regard to the rights and legitimate interests of any coastal State across …” „… Part nor any rights granted or exercised pursuant thereto shall affect the rights of coastal States to …”

. Contiguous zone S. 255-273

„… nature and juridical character of the rights granted to the coastal State.46 On this crucial point, the …” „… rights under Art. 33, too, the fact that coastal States quite frequently draw baselines that are …” „… contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the …”

. Right of hot pursuit S. 773-780

„… Function 1 The right of hot pursuit balances a coastal State’s interest in the efficient enforcement of its …” „… consists of a coastal State’s right to enforce the laws applicable in waters under its sovereignty or …” „… right of hot pursuit applies in all waters over which the coastal State has sovereignty or jurisdiction …”

. Internal waters S. 85-97

„… ), para. II: ‘Subject to the rights of passage sanctioned either by usage or by treaty, a coastal State …” „… territorial sea such that ‘[t]he coastal state has all practical rights and duties inherent in sovereignty …” „… : http://www.mpepil.com; Anne Bardin, Coastal State’s Jurisdiction over Foreign Vessels, Pace International Law Review 14 …”

. Pollution by dumping S. 1408-1420

„… out without the express prior approval of the coastal State, which has the right to permit, regulate …” „… carried out without the express prior approval of the coastal State, which has the right to permit …” „… express prior approval of the coastal State, which has the right to permit, regulate and control such …”

. Promotion of marine scientific research S. 1615-1618

„… articles, e. g. by assigning exclusive rights to coastal States for research in the territorial sea ( Art …” „… engage in scientific research. One example for explicit preference of coastal States’ sovereign rights …” „… example, places a duty upon coastal States, when exercising sovereign rights over the continental shelf …”

. Definition of the continental shelf S. 588-601

„… rights and responsibilities of the coastal State for the continental shelf are detailed elsewhere in Part …” „… the limits of the area over which as coastal State exercises sovereign rights for the purposes of …” „… 1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas …”

. Enforcement with respect to pollution by dumping S. 1468-1475

„… coastal States’ rights, reproduced in: Myron H. Nordquist/Satya N. Nandan/James Kraska (eds.), UNCLOS 1982 …” „… development of the rights and obligations of the coastal State in areas beyond its territorial sea to the …” „… that the coastal States’ ‘sovereign right for the purpose of exploring […] and exploiting [the …”

. Catadromous species S. 537-541

„… preferential rights.3 Where catadromous species migrated through the jurisdiction of other coastal States prior …” „… ’, suggesting that Art. 67 does not derogate from the sovereign rights of coastal States over the living …” „… resources in their EEZ ( Art. 56 (1)(a)). From this perspective, other coastal States will have the right …”

. Interim measures S. 1762-1765

„… without the express consent of the coastal State concerned. Bibliography: Myron H. Nordquist/Shabtai …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. ‘without the express consent of the coastal State concerned …” „… the appropriate dispute settlement mechanism’ instead of with the approval of the coastal State as …”

. Sovereign right of States to exploit their natural resources S. 1288-1296

„… expansion of coastal States’ rights to develop, manage and exploit offshore resources, due to the (then …” „… continental shelf. According to Art. 56 (1)(a), the coastal State has ‘sovereign rights for the purpose of …” „… Art. 77 (1), the coastal State exercises ‘over the continental shelf sovereign rights for the purpose …”

. Safeguards with respect to straits used for international navigation S. 1564-1567

„… meant that coastal States could not interfere with the right of transit of foreign vessels. 7The second …” „… Article 234 Ice-covered areas Coastal States have the right to adopt and enforce non-discriminatory laws …” „… international navigation, while recognizing that, given certain limitations, bordering coastal States may …”

. Measures to prevent, reduce and control pollution of the marine environment S. 1296-1316

„… interferences’ are not allowed.47 The rights of coastal States to control pollution caused by vessels on transit …” „… economic zone, the coastal State shall have due regard to the rights and duties of other States and shall …” „… these rights and duties of the different States. In the EEZ, the coastal State has certain far reaching …”

. Institution of civil proceedings S. 1553-1555

„… in the enlargement of the rights of coastal States with respect to the exercise of their civil …” „… 9.1.580; Page size: 160.00mm 240.00mm with the duty to promptly inform the coastal State and provide …” „… liability for a coastal State that makes no serious effort to cooperate with the flag State in the …”

. Non-discrimination with respect to foreign vessels S. 1545-1548

„… dealing with port and coastal State enforcement, which read that: ‘In the exercise of its rights and …” „… .5 This limitation resulted in excluding, for example, those rights and duties that coastal States …” „… foreign vessels In exercising their rights and performing their duties under this Part, States shall not …”

. Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipelagic sea lanes passage S. 405-409

„… closely based upon the right of coastal States to regulate innocent passage and the duties of ships to …” „… regime established in this Part, under which the rights and jurisdiction of the coastal State and the …” „… (3rd edn. 1999); Erik Frankx (ed.) Pollution and Coastal State Jurisdiction: The Work of the ILA …”

ANNEX II COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF S. 2068-2114

„… the coastal States concerned, Sri Lanka and India, of sovereign rights over most of the spatial extent …” „… intended to be a condition precedent to the exercise by the coastal State of sovereign rights over the area …” „… . 77 of the Convention, by which the coastal State’s rights over the continental shelf are inherent,39 …”

. Freedom of the high seas S. 679-683

„… freedom of the high seas under Art 58 (2) or fell within the regulatory authority of the coastal State …” „… open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the …” „… , both for coastal and land-locked States: (a) freedom of navigation; (b) freedom of overflight; (c …”

. Sea lanes and traffic separation schemes in straits used for international navigation S. 308-314

„… by national laws of the coastal State as specified in Art. 42, but the quite useful Art. 42 (5) can …” „… be resorted to by the coastal State in respect of research or survey activities by ships entitled to …” „… (1997); Dalchoong Kim/Jin-Hyun Paik, Relation Between User States and Coastal States with Respect to …”

. General criteria and guidelines S. 1694-1697

„… 9.1.580; Page size: 160.00mm 240.00mm that receive the research requests.12 When the coastal State …” „… communications will be made through the researching State’s foreign embassy, or by representatives in the coastal …” „… State to the office of foreign affairs of the host State.13 9Some coastal States provide specific …”

. Application of the provisions of this Part S. 676-679

„… jurisdiction granted to coastal States in the EEZ.12 Certainly the creation of the EEZ means some rights …” „… freedom.’ UNCLOS provides, on its face, no clear presumption in favour of either coastal State rights or …” „… seas minus’ view) or whether the EEZ is a new […] [sovereign] zone of the coastal state in which the …”

. Definition S. 882-887

„… primarily of the territorial seas and exclusive economic zones of two or more coastal States. Bibliography …” „… Russian Submission, States’ Rights, Boundary Delimitation and Arctic Regional Cooperation, IJMCL 24 (2009 …” „… in which parts of the maritime world coastal States should specifically cooperate with each other in …”

. Use of terms S. 335-353

„… mainland or continental States. Coastal archipelagos, such as Skjærgaard in Norway, the Hebrides in the UK …” „… This does not imply, however, that that many States could actually enjoy the right to draw archipelagic …” „… States that objectively fall within the definition of Art. 46 to enjoy archipelagic rights and privileges …”

. Measures to facilitate proceedings S. 1528-1532

„… and coastal States may lawfully interfere with the right of innocent passage or the freedom of …” „… proceedings. This provision seeks to strengthen the cooperation between flag, port and coastal States against …” „… of enforcement with respect to ships. The CTSCZ did not include the possibility of coastal States …”

. General principles for the conduct of marine scientific research S. 1618-1625

„… used in Art. 78 (2), which states that ‘[t]he exercise of the rights of the coastal State over the …” „… development and conduct of research does not interfere with the principle of coastal States’ consent and the …” „… Research in a Coastal State’s Maritime Zones: Preliminary Analysis, Fridtjof Nansen Institute Reports …”

. Pollution from seabed activities subject to national jurisdiction S. 1392-1401

„… kind of seabed activity. Hence, the rights of all States and the coastal States’ rights concerning the …” „… jurisdiction 1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘Coastal States shall adopt laws and regulations to prevent, reduce and control pollution …”

. Innocent passage S. 328-335

„… and overflight rights is balanced by the fact that neither party is a coastal State on the Straits of …” „… customary right, with the coastal State in sole control in determining which of its ports are opened to …” „… . The coastal States have not suspended transit passage as such. 11Another point in this respect is that …”

. Monetary penalties and the observance of recognized rights of the accused S. 1555-1558

„… , VJIL 20 (1980), 265–311; Erik J. Molenaar, Coastal State Jurisdiction over Vessel-Source Pollution …” „… foremost into account the sovereignty of coastal States in their territorial sea ( Art. 2).2 As a result …” „… unrestricted coastal State sovereignty in the territorial sea, which, consequently, makes the safeguards in …”

. Cooperation of States bordering enclosed or semi-enclosed seas S. 887-894

„… particular seas’4. 2The jurisdiction, rights and duties of coastal States and other maritime States are not …” „… : ‘The provisions of this part shall not affect the rights and duties of coastal or other States under …” „… ) concern the sovereign rights which Art. 56 of the Convention grants to coastal States in their exclusive …”

. Enforcement with respect to pollution from seabed activities S. 1459-1464

„… sovereign rights accorded to the coastal or archipelagic State in the Convention, though this right may also …” „… coastal State’s rights in the EEZ.28 Article 215 Enforcement with respect to pollution from activities in …” „… . Purpose and Function 1Art. 214 establishes obligations for coastal States to use the jurisdiction over …”

. Highly migratory species S. 514-520

„… rights of the coastal States to regulate and manage highly migratory species within its EEZ, Art. 64 …” „… restricts the right of a coastal State or the competence of an international organization, as appropriate …” „… species 1. The coastal State and other States whose nationals fish in the region for the highly migratory …”

. Promotion of international cooperation S. 1631-1637

„… far into the sea and the exclusive rights enjoyed by the coastal States have further confirmed the …” „… for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States under …” „… ), 575, 612, 613. 2 The discretion enjoyed by the coastal State to permit research activities within its …”

. Right of access to and from the sea and freedom of transit S. 899-912

„… violate the sovereignty of the coastal State, and that the transit right of LLS was not a principle …” „… 240.00mm 19 As in the Committee coastal States were not prepared to recognize a real right of access to …” „… right of free access, but rather that of coastal States with the possibility (optionality) of access on …”

. Enforcement by flag States S. 1475-1488

„… enforcement is concerned. TAN argues that the flag State’s ‘right to pre-empt coastal and port State action …” „… : 160.00mm 240.00mm Molenaar, Coastal State Jurisdiction over Vessel-Source Pollution (1998); Myron H …” „… Assertions of a Right to Non-Flag State Enforcement in the High Seas Fisheries and Disarmament Contexts …”

. Right of the parties to agree upon a procedure S. 1934-1938

„… . 64 applies, i. e. those that are exploited both within a coastal State’s exclusive economic zone (EEZ …” „… over fisheries by a coastal State in its EEZ, brought about by Art. 297 (3), is to be contrasted with …” „… and highly migratory stocks, therefore, semble the coastal State can invoke section 2 of Part XV …”

. Definition of warships S. 242-245

„… the coastal State’ rather than territorial sea. O’CONNELL notes that ‘waters’ could refer to waters …” „… that civil jurisdiction extend to waters where the coastal States has a genuine concern, such as damage …” „… & STEPHENS are of the view that ‘waters’ includes the EEZ.22 12Art. 28 (3) preserves the coastal State’s …”

. Marine mammals S. 520-528

„… restricts the right of a coastal State or the competence of an international organization, as appropriate …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. ‘Nothing […] restricts the right of a coastal State […] to prohibit, limit or regulate the …” „… Delimitation of Coastal State Jurisdiction in Ocean Space and on the Rights and Obligations of Coastal States …”

. Enforcement with respect to pollution from land-based sources S. 1452-1459

„… )). Since sources of land-based pollution are usually located within either the coastal State’s territory or …” „… Art. 22 of the ISNT read, ‘States shall have the right to enforce laws and regulations adopted in …” „… in the opening phrase, a State’s right of enforcement was transformed into an obligation to enforce …”

. Immunities of warships and other government ships operated for non-commercial purposes S. 251-255

„… . 21 and 22.6 They also remain subject to the coastal State’s right of protection against non-innocent …” „… Coastal State Jurisdiction in Ocean Space and on the Rights and Obligations of Coastal States in the Area …” „… is more complex since it does not explicitly state a right of immunity, but rather relies upon the …”

. Normal baseline S. 46-61

„… low-water line along the coast as marked on largescale charts officially recognized by the coastal State. 15 …” „… coastal State must take the high-water line as baseline in the absence of detailed charts, which was not …” „… coastal State is free to use the other regulations ( Art. 14), it must choose them actively and ensure …”

. Duty to avoid adverse consequences in the exercise of the powers of enforcement S. 1535-1538

„… in the context of the right of innocent passage and transit passage, whereby coastal States may adopt …” „… , port and coastal States shall act with due regard, by adopting the necessary measures to avoid …” „… provision read that: ‘The coastal State may exercise the powers provided for in article 35 only to the …”

. Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes S. 249-251

„… international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a …” „… coastal State concerning passage through the territorial sea or with the provisions of this Convention or …” „… non-compliance with the laws of the coastal State relating to passage through the territorial sea. It further …”

. Enforcement with respect to pollution from or through the atmosphere S. 1522-1528

„… measures taken against a vessel exercising its right of innocent passage in the coastal State’s territorial …” „… with Art. 220, on enforcement by coastal States. 3 The enforcement obligation established in Art. 222 …” „… recognized States’ ‘right to enforce laws and regulations adopted in accordance with the provisions of [the …”

. Straight baselines S. 66-85

„… the coastal State a right to the waters off its coasts’37; one might add, ‘not the absence of it’. In …” „… the UNCLOS, giving the coastal State sovereign rights over vast areas of ocean, rendering the economic …” „… the historical background. Art. 7 (6) contains a safeguard against one coastal State being cut-off …”

. Scope of this Part S. 944-947

„… the distinction between seabed, waters and air. It provides that ‘the rights of the coastal State over …” „… , coastal States are bound to deposit with the United Nations Secretary General and with the Secretary …” „… General of the Authority. Under Art. 84 (2), coastal States are also bound to give due publicity to such …”

. Reefs S. 61-66

„… Articles on the Delimitation of Coastal State Jurisdiction in Ocean Space and on the Rights and Obligations …” „… appropriate symbol on charts officially recognized by the coastal State. 80 Ibid. 81 See Schofield/Freestone …” „… coordinates expressed in domestic legislation’. 86 In fact, while pointing out that many coastal states ‘have …”

. Reservation of the high seas for peaceful purposes S. 683-688

„… same rights in the high seas as coastal States’.28 Article 88 Reservation of the high seas for peaceful …” „… pursuit of vessels which have breached local law in waters under coastal State jurisdiction onto the high …” „… States’ 14 The first and third sentences of paragraph 1 refer to ‘coastal and land-locked States.’ This …”

. Charts and lists of geographical coordinates S. 667-671

„… continental shelf. Article 85 Tunnelling This Part does not prejudice the right of the coastal State to …” „… : 160.00mm 240.00mm 2. The coastal State shall give due publicity to such charts or lists of geographical …” „… obligation on the coastal State: (i) to show the outer limits of the continental shelf and the delimitation …”

. Duties of ships and aircraft during transit passage S. 301-306

„… concern for the security of the coastal State top of all others. Without proper safeguards in this respect …” „… threat or use of force against the coastal State’s sovereignty, or in violation of the principles of …” „… Art. 39 (1), that shall provide the coastal State with a solution. It is arguable that Art. 39 (1)(b …”

. Anadromous stocks S. 528-537

„… coastal States. Art. 66 (2) only confers a right on the State of origin to set ‘appropriate regulatory …” „… to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation of Fur Seals …” „… anadromous stocks. It achieves this by giving certain rights to the State of origin to manage anadromous fish …”

. Roadsteads S. 129-132

„… the right of innocent passage’. The ILC further considered that coastal State rights were sufficiently …” „… coastal State should be able to exercise special supervisory and police rights in such roadsteads. 19 See …” „… distance from the coast2 – is claimed by a coastal State.3 In such an instance the roadstead itself becomes …”

. Cooperation of States in the conservation and management of living resources S. 818-831

„… the parties, the preferential rights of the coastal state on the one hand and the rights of the …” „… the United Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and …” „… of a duty to have due regard for the rights of other states and the needs of conservation for the …”

. Enforcement with respect to pollution from activities in the Area S. 1464-1468

„… their purpose, which may interfere with the coastal State’s rights in the EEZ.28 Article 215 Enforcement …” „… establishment of a monitoring system, emergency orders and the coastal States’ rights, reproduced in: Myron H …” „… 9.1.580; Page size: 160.00mm 240.00mm According to Art. 60 (1), the coastal State has exclusive …”

. Responsibility and liability S. 1586-1592

„… binding Polar Code will limit the regulatory powers of the coastal States159 or it will have no such …” „… Rayfuse, Coastal State Jurisdiction and the Polar Code: A Test Case for Arctic Oceans Governance?, in …” „… International Law Association’s Committee on Coastal State Jurisdiction Relating to Marine Pollution, Conclusion …”

. Sovereign immunity S. 1592-1597

„… to the rights and duties of States under the UNCLOS to protect the marine environment.3 The general …” „… that coastal States may adopt laws and regulations for the prevention, reduction and control of marine …” „… , warships and their auxiliaries enjoy immunity from the jurisdiction of coastal States purely as a …”

. Investigation of foreign vessels S. 1538-1545

„… achieved between States’ powers of enforcement and the rule of non-impediment of the right of passage and …” „… relevant circumstances.11 The use of excessive force constitutes a breach of the right of the flag State …” „… , Coastal State Jurisdiction over Vessel-Source Pollution (1998); Michael White, Prompt Release Cases in …”

. Marine scientific research in the Area S. 1718-1726

„… shelf. The article further provided additional rights to coastal States for resource-oriented MSR …” „… mm I. Purpose and Function 1 Art. 256 provides the right of all States and competent international …” „… rights and obligations of States with respect to MSR for each of the maritime areas under the Convention …”

. Charts and lists of geographical coordinates S. 168-177

„… points, specifying the geodetic datum, may be substituted. 2. The coastal State shall give due publicity …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. ‘The coastal State shall give due publicity …” „… from ‘straight’ baselines,8 a coastal State may be allowed to conceal any such ‘artificial’ baselines …”

. Marine scientific research in the water column beyond the exclusive economic zone S. 1726-1732

„… article provides the right not only to coastal States, but also to landlocked States ( Art. 124 (1)(a …” „… Extended Coastal State Jurisdiction over the Seas and Seabed upon Marine Science Research, ODIL 9 (1981 …” „… of the exclusive economic zone (EEZ) without any consent of a coastal State (or an international …”

. Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas S. 804-818

„… , interests and duties of coastal States. Art. 117 articulates the correlative obligation to this right …” „… responsibility for conservation and management of fish stocks between the coastal State and other States whose …” „… Determination of Questions between the Two Governments concerning the Jurisdictional Rights of the United States …”

. Delimitation of the exclusive economic zone between States with opposite or adjacent coasts S. 564-584

„… sensitivity with the sovereign rights of the coastal State over the EEZ. If credible date concerning natural …” „… that the State of nationality of a crew member also retains the right to exercise diplomatic protection …” „… on behalf of its nationals.42 Indeed, States have a right under Art. 36 of the Vienna Convention on …”

. Illicit traffic in narcotic drugs or psychotropic substances S. 760-764

„… coastal State’s rights and interests ( Art 58 (3)).7 II. Historical Background 5Prior to UNCLOS State …” „… coastal State waters is well-recognised in international law.2 It may be impractical, however, to wait for …” „… ; and the coastal State with jurisdiction over the EEZ in which the interception occurs. Historically …”

. Settlement of disputes S. 1758-1762

„… differences of opinion among coastal States and researching States. Therefore, it stipulates that potential …” „… research.11 It provided for the case where the coastal State and the researching State (or competent …” „… by the coastal State, the project could go ahead; however, in the case of objection and where the …”

. Right of navigation S. 691-693

„… 9.1.580; Page size: 160.00mm 240.00mm Article 90 Right of navigation Every State, whether coastal or …” „… land-locked States enjoy the same rights in the high seas as coastal States’ including navigation ( Art. 87 …” „… : ‘Every State, whether coastal or not, has the right to sail ships under its flag on the high seas.’ 4In …”

. General obligation S. 1278-1288

„… exclusive economic zone (EEZ), the jurisdiction assigned to coastal States by Art. 56 (1) b)(iii) has to be …” „… obligation to consult with and give regard to the rights of other States,13 and substantive agreements then …” „… .16 Coastal States, by virtue of their sovereignty, have the duty to protect the marine environment in …”

. Preliminary proceedings S. 1897-1901

„… to the exercise of the sovereign rights of coastal States in the EEZ, and was placed under the …” „… provide dispute settlement procedures for some disputes relating to the exercise by a coastal State of …” „… zone (EEZ) and the continental shelf. This development led some of the coastal States to express fears …”

. Scope of this section S. 288-294

„… navigational rights for foreign ships and of security concerns of the coastal States. Where straits link waters …” „… over the SOLAS-based reporting system established by the coastal State. Section 2 Transit passage …” „… beyond coastal sovereignty, there is little problem for the States concerned to agree on a passage regime …”

. Benefit of mankind S. 977-983

„… geographical location of States, whether land-locked or coastal, and taking into particular consideration the …” „… regulating and carrying out activities, while Art. 148 aims at direct participation rights of those States …” „… right to be supported as ‘developing states’. Here, a more reasonable approach has to be taken that …”

. Optional exceptions to applicability of section 2 S. 1920-1934

„… four categories: (a) those arising out of the exercise of discretionary rights by a coastal State …” „… disputes regarding the coastal State’s rights in its EEZ in relation to MSR and fisheries, automatically …” „… coastal States’ regulatory and enforcement jurisdiction, delimitation of maritime boundaries, historic …”

. Exercise of powers of enforcement S. 1532-1535

„… and coastal States may lawfully interfere with the right of innocent passage or the freedom of …” „… enforcing State.9 An early draft of this provision determined that the enforcement rights of the coastal …” „… account the rights of flag States and the general interests and obligations of all States regarding the …”

. Monitoring of the risks or effects of pollution S. 1357-1365

„… other hand are more likely to be limited by the jurisdictional and sovereign rights of coastal States …” „… the rights and duties of the coastal State […]’. 39 Chagos Marine Protected Area Arbitration (note 27 …” „… with the rights of other States, endeavour, as far as practicable, directly or through the competent …”

. Right of innocent passage S. 390-394

„… order and security of the coastal State. Although the right of passage is, in principle, the same as …” „… ) reserves the right of the coastal State to suspend innocent passage ‘for the protection of its security …” „… ’. This virtually mirrors Art. 25 (3) on the rights of protection of the coastal State.34 Before innocent …”

. Combination of methods for determining baselines S. 148-150

„… Article 14 Combination of methods for determining baselines The coastal State may determine baselines in …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. ‘The coastal State may determine baselines in turn by any of the methods […]’ 3 I. Purpose and …” „… III. Elements 1. ‘The coastal State may determine baselines in turn by any of the methods […]’ 3The …”

. Publication and dissemination of information and knowledge S. 1640-1644

„… the research State, the coastal State and any other State that has the information, e. g. the State of …” „… scientific research Article 245 Marine scientific research in the territorial sea Coastal States, in the …” „… the express consent of and under the conditions set forth by the coastal State. Bibliography: Richard …”

. Conservation of the living resources of the high seas S. 831-851

„… : Award between the United States and the United Kingdom, Relating to the Rights of Jurisdiction of United …” „… contrast’5 to the detailed criteria set out in Art. 62 which articulates the measures that coastal States …” „… Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation …”

. High seas routes or routes through exclusive economic zones through straits used for international navigation S. 285-288

„… territorial sea in them, Japan as the coastal State may resort to the rules regulating the territorial sea to …” „… than 6 NM, i. e. the combined width of certain coastal States’ territorial waters.17 The exclusion of …” „… UNCLOS may well have to do with the action by certain coastal States in restraining their claims to a …”

. Responsibility and liability S. 1750-1758

„… the one hand ( Art. 238), and the right of coastal States to ‘regulate’ and ‘authorize’ MSR in their …” „… another party’s nationals; but it is particularly acute in the context of coastal State attempts to …” „… Convention seeks to strike an appropriate balance between the right of ‘[a]ll States, irrespective of their …”

. Ports S. 120-129

„… the right of innocent passage’. The ILC further considered that coastal State rights were sufficiently …” „… coastal State may determine its own relevant basepoints (quoting the Fisheries Case64), this is …” „… distance from the coast2 – is claimed by a coastal State.3 In such an instance the roadstead itself becomes …”

Titelei/Inhaltsverzeichnis

„… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 217 Article 25. Rights of protection of the coastal State …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 408 Article 56. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 600 Article 77. Rights of the coastal State over the continental shelf …”

. Participation of developing States in activities in the Area S. 1047-1053

„… exclusively for peaceful purposes by all States, whether coastal or land-locked, without discrimination, in …” „… III (1973–1982).13 Hence, although the demands of land-locked States used to be a special right of …” „… continental shelf or no shelf at all.29 A definition is laid down in Art. 70 (2): ‘coastal States, including …”

. Creation of favourable conditions S. 1637-1640

„… obtain the consent of the coastal State to conduct research in its zones ( Arts. 245 and 246 …” „… information collected through this research, complements Art. 238 which gives the right to States and …” „… extended provisions on cooperation was the only practical way to overcome the coastal States’ distrust and …”

. Research and survey activities S. 306-308

„… coastal State on the premise that international straits would be treated as part of the territorial sea …” „… research or survey activities are not covered by national laws of the coastal State as specified in Art. 42 …” „… , but the quite useful Art. 42 (5) can be resorted to by the coastal State in respect of research or …”

. Use of Terms S. 894-899

„… ; Page size: 160.00mm 240.00mm PART X RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND …” „… , Freedom of Transit and the Right of Access for Land-Locked States: The Evolution Of Principles And Law, Ga …” „… ), their right of access to the sea, and freedom of transit through ‘transit States’. The purpose of 1 …”

. Safety zones S. 1741-1745

„… right is attributed to the coastal State.19 The same can be said for installations in internal waters …” „… scope of Arts. 60 and 80 are subject to the exclusive jurisdiction of the coastal State, there is no …” „… State or States can exercise this right. In the case of installations in the exclusive economic zone …”

. Marine mammals S. 851-859

„… cooperation and consideration of the rights and interest of all States fishing on the high seas is required …” „… ) Cases: Award between the United States and the United Kingdom, Relating to the Rights of Jurisdiction of …” „… high seas, they do give States and international organisations the right to do so.1 2Marine mammals …”

. Right of archipelagic sea lanes passage S. 394-405

„… proposals.33 4. Suspension of Innocent Passage 10Art. 52 (2) reserves the right of the coastal State to …” „… rights of protection of the coastal State.34 Before innocent passage can be suspended, there are four …” „… prejudice to the archipelagic State’s right under Art. 50 to delimit its internal waters in accordance with …”

. Right to lay submarine cables and pipelines S. 780-783

„… such cases the coastal State does not lose its right of arrest. The ILC noted: ‘it would be illogical …” „… territorial sea’.50 Article 112 Right to lay submarine cables and pipelines 1. All States are entitled to lay …” „… natural resources, the coastal State may not impede the laying or maintenance of such cables or pipelines …”

. Liability of States arising from enforcement measures S. 1562-1564

„… coastal State enforcement.3 It provided that every State should take legislative measures to 1 See infra …” „… violation of the rights of the flag State in respect of ships flying its flag.11 2. ‘measures are unlawful …” „… , read: ‘2. Measures taken by the coastal State […] shall be proportionate to the actual or threaten …”

. Disclosure of information S. 1948-1951

„… right of a State Party to resort to the procedures for the settlement of disputes provided for in this …” „… related to the peace, order and good security of the coastal State. The author goes on to note that no …” „… traffic in such objects, the coastal State may, in applying article 33, presume that their removal from …”

. Prompt release of vessels and crews S. 1882-1894

„… aims at overcoming difficulties arising from detention by a coastal State of foreign vessel and its …” „… State shall have the right to bring the question of the detention of the vessel before the Tribunal in …” „… fishing vessels detained by a coastal state for ensuring compliance with its fisheries laws and …”

. Good faith and abuse of rights S. 1938-1944

„… of disputes relating to the exercise of the sovereign rights of the coastal States in the exclusive …” „… adjudication where a coastal State is alleged to have abused its rights being the main bone of contention. It …” „… rights States Parties shall fulfil in good faith the obligations assumed under this Convention and shall …”

ANNEX I HIGHLY MIGRATORY SPECIES S. 2050-2068

„… from, Annex I are discussed below.4 Art. 64 reads as follows: ‘1. The coastal State and other States …” „… , the coastal State and other States whose nationals harvest these species in the region shall cooperate …” „… the highly migratory species defined in annexe I […] did not fall within coastal State authority [when …”

. Free zones and other customs facilities S. 921-925

„… goods between a land-locked state and the seacoast, the coastal state may establish by agreement with a …” „… customs regulations of the coastal States. They remain, however, subject to the jurisdiction of those …” „… contained in Art. 12518 by strengthening the right with the opportunity for transit States and LLS to make …”

. Low-tide elevations S. 132-148

„… their own right.116 Article 14 Combination of methods for determining baselines The coastal State may …” „… coastal State may use other than the normal baseline.1 However, it may be argued that the baseline here …” „… coastal State has sovereignty’ over LTEs situate within its territorial 19 South China Sea Arbitration …”

. Archipelagic baselines S. 353-375

„… State, existing rights and all other legitimate interests which the latter State has traditionally …” „… exercised in such waters and all rights stipulated by agreement between those States shall continue and be …” „… States (e. g. in terms of preserving rights of communication, fishing etc.), including (expressly) those …”

. Unauthorized broadcasting from the high seas S. 764-768

„… act with ‘due regard’ for the coastal State’s rights and interests ( Art 58 (3)).12 II. Historical …” „… craft in an EEZ notify the coastal State ‘and cooperate with it’, Nordquist/Nandan/Rosenne (note 5), 214 …” „… coastal State under other provisions of UNCLOS also.28 3. Adjudicative jurisdiction 11 Art. 109 (3 …”

. Pollution from activities in the Area S. 1401-1408

„… out without the express prior approval of the coastal State, which has the right to permit, regulate …” „… , the exclusive economic zone and the continental shelf of the coastal or archipelagic State.2 The …” „… ‘coastal States’ to ‘States’. As a further consequence of the confinement to activities in the …”

. Right of transit passage S. 294-301

„… , subject to the conditions of entry to that State. 3. Any activity which is not an exercise of the right of …” „… extension of the territorial sea to 12 NM by the coastal States must not result in a change in their status …” „… to impede transit passage somewhat overlaps with the duty of the coastal State not to hamper such …”

. Institution of proceedings S. 2492-2499

„… and jurisdiction over marine resources by the coastal State may provoke disputes concerning access and …” „… grievances attributable to the application of coastal State discretion in specific fields. Third, it …” „… proposals, favouring the exclusive jurisdiction of the coastal State over the resources of the exclusive …”

. Exhaustion of local remedies S. 1901-1905

„… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I. Purpose and Function 1 The aim of Art. 295 is to provide the coastal State with protection …” „… tanker flying the applicant’s flag violated the applicant’s own rights as a flag State under the …” „… coastal State’s jurisdiction in its EEZ, the jurisdictional link between the tanker and the respondent …”

. Status of ships S. 701-705

„… applicability of Art. 92, the arrest of foreign fishing vessels in the EEZ by the relevant coastal State is not …” „… equality and independence, no one State, or any of its subjects, has a right to assume or exercise …” „… . 21 Although one should note that UNCLOS regulates the exercise of port or coastal State jurisdiction …”

. Obligations under other conventions on the protection and preservation of the marine environment S. 1597-1606

„… are required to implement the CBD consistently with the rights and obligations of States under the law …” „… mm of the UNCLOS, as provided for in Art. 237 (1).32 As far as rights and obligations of States are …” „… the rights and obligations of States parties to both treaties.37 Conservation and management measures …”

. Accommodation of activities in the Area and in the marine environment S. 1036-1047

„… Continental Shelf, the coastal state has the exclusive right to construct artificial islands and installations …” „… exercised by all States […] also with due regard for the rights under this Convention with respect to …” „… in the 1970 Declaration of Principles that ‘States shall pay due regard to the rights and legitimate …”

. Scope of this Part S. 277-285

„… of the coastal State or States.2 This is confirmed by the existence of provisions excluding straits …” „… accordance with the method set forth in Art. 7 unilaterally employed by a coastal State, or unilaterally used …” „… that there has emerged a tendency in practice, with the adoption of the UNCLOS, for the coastal State …”

. Regime of islands S. 859-882

„… without a permanent settled population’ should be disregarded when determining the coastal States’ right …” „… Space and on the Rights and Obligations of Coastal States in the Area under their Jurisdiction, UN Doc …” „… States sovereignty, sovereign rights and jurisdiction over millions of square kilometres of ocean space …”

. Mouths of rivers S. 97-106

„… describes the legal regime of the territorial sea such that ‘[t]he coastal state has all practical rights …” „… internal waters under Art. 8 (2). The coastal State may not regulate access to those waters; consequently …” „… competent coastal State.7 Although this provision is contained in a river-related aspect of the expansive …”

. Extent of participation and rights and obligations S. 2528-2533

„… not consider the Convention to recognize the rights or jurisdiction of coastal States regarding the …” „… an undertaking to accept the rights and obligations of States under this Convention in respect of …” „… rights and perform the obligations which its member States which are Parties would otherwise have under …”

. Grant of greater transit facilities S. 934-937

„… within the territorial jurisdiction of the coastal State concerned, thus any ships flying the flag of LLS …” „… would be subject to the ordinary domestic law and regulations of the coastal State concerned, as well as …” „… Convention’ 4 Art. 132 does not create any rights or obligations for States party to the Convention but …”

. Delimitation of the continental shelf between States with opposite or adjacent coasts S. 652-667

„… the Coastal State: A Right of Involvement for Other States? (2016); Henry Burmester, Torres Strait …” „… resources of the continental shelf is plausibly among the rights of the coastal State over its continental …” „… continental shelf created a problem with the delimitation of the continental shelf since coastal State …”

Preamble S. 2-18

„… of pollution and the conservation of natural resources, the interests and rights of coastal States …” „… binding. They do not create legal rights or obligations for the States Parties. Neither could they sustain …” „… ). 3 Accordingly, it does not grant more rights to the States Parties than the relevant operative …”

. Bays S. 106-120

„… internal waters coastal States have total sovereignty ( Art. 2 (1)), including the right, as seen, to …” „… coastal State’s various maritime limits of jurisdiction generated therefrom seawards.5 2The article goes …” „… enclosed within such a bay is that of internal waters in which other States have no right of innocent …”

. Duty to cooperate in the repression of piracy S. 734-738

„… exclusive economic zone in so far as they are not incompatible with’ the coastal State’s sovereign rights …” „… the EEZ of another State, it must act with ‘due regard’ for the coastal State’s rights and interests …” „… coastal State ‘and cooperate with it’: Myron H. Nordquist/Satya N. Nandan/Shabtai Rosenne (eds.), United …”

. Objectives of the Authority S. 1798-1802

„… , nationals of developing States, whether coastal, land-locked or geographically disadvantaged, shall be taken …” „… establishment, particularly in developing coastal States, of national marine scientific and technological …” „… conduct of marine scientific research by developing coastal States and to enhance their national …”

. Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil S. 377-380

„… at third States rights in the waters as laid out in this Part). Art. 49 (4) indicates that the most …” „… serious potential ‘third State’s’2 rights factor in diminishing this sovereignty, namely the right of …” „… context of the territorial sea, the ‘sovereignty of a coastal State extends, beyond its land territory and …”

. Invalidity of claims of sovereignty over the high seas S. 688-691

„… land-locked States enjoy the same rights in the high seas as coastal States’ including navigation ( Art. 87 …” „… ), States enjoy only ‘sovereign rights’ under Art. 56 (1)(a). Claims of sovereignty per se are excluded by …” „… oceans’ in the fifteenth century by Sweden, Denmark, Venice and Britain.13 Some States claimed the right …”

. Exercise of powers and functions by the Authority S. 1075-1081

„… : http://www.mpepil.com; Yuna Huang, Rights of Land-locked and Geographically Disadvantaged States in the Exclusive …” „… variety of States that had made claims or proclamations regarding their alleged rights to continental …” „… emphasized that the Area should be used ‘by all States, whether coastal or land-locked, without …”

. Penal jurisdiction in matters of collision or any other incident of navigation S. 722-726

„… coastal State authority to arrest or temporarily detain foreign vessels in respect of certain activities …” „… ). Certainly, a coastal State ‘may not take any steps on board a foreign ship passing through the territorial …” „… will call. 2. Every coastal State shall promote the establishment, operation and maintenance of an …”

. Duties of the flag State S. 708-715

„… the high seas ( Art. 92 (1)) by emphasising that that right has correlative duties. The flag State is …” „… ). Concurrent jurisdiction may arise in the EEZ as a result of the coastal State’s jurisdiction over, inter alia …” „… projects, but almost always in conjunction with the national flag of the ‘host State’ providing the vessel …”

. Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline S. 789-792

„… Article 116 Right to fish on the high seas All States have the right for their nationals to engage in …” „… the interests of coastal States provided for, inter alia, in article 63, paragraph 2, and articles 64 …” „… the Sea of Okhotsk High Seas Enclave: The Russian Federation’s Attempts at Coastal State Control …”

. Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea S. 1251-1255

„… infringe the rights or interests of the coastal State. As a further example, one may refer to the fact that …” „… ’ concerning any activities in the Area that may infringe the rights or interests of the coastal State. As a …” „… the Council and the right of a State to intervene in a dispute to which a national of that State is a …”

. Non-interference with shipping routes S. 1745-1747

„… exploitation of resources. 6 In the case of deployment in the coastal zones of a State, the obligation …” „… contained in Art. 261 will bind both the coastal State, which authorises the deployment and sets the …” „… damage done to networks of ‘tsunametres’.28 In response to these acts, States, through the General …”

. Marine scientific research S. 990-1003

„… Area; however, the States may act according to those rights only in a manner that is consistent with …” „… legislation preventing pollution in the Area,16 and Art. 221, dealing with the right of a State to enforce …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Specific Rights and Duties of States Parties (para. 3 …”

. Seizure of a pirate ship or aircraft S. 750-754

„… vessel acts to suppress piracy in an EEZ it must act with ‘due regard’ for the coastal State’s rights and …” „… coastal State ‘and cooperate with it’, Nordquist/Nandan/Rosenne (note 3), 214. 9 For a more thorough …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Purpose and Function 1Art. 106 places a condition of exercise on a State’s rights of …”

. Right of visit S. 768-773

„… .1 Art. 110 deals with the right of visit historically enjoyed by State warships over foreign vessels …” „… these activities had previously been the subject of multilateral treaties, but State rights of high seas …” „… inspection of papers, and then further search. Under Art. 110 (1) a State vessel has a right, upon reasonable …”

. Assessment of potential effects of activities S. 1370-1379

„… the award, the tribunal held that: ‘no State has the right to use or permit the use of its territory …” „… 9.1.580; Page size: 160.00mm 240.00mm 4. ‘which should make them available to all States’ 13Art. 205 is …” „… marine environmental protection, be shared among all States. If a State publishes its monitoring results …”

. Duty to render assistance S. 726-731

„… call. 2. Every coastal State shall promote the establishment, operation and maintenance of an adequate …” „… must impose on the masters of its vessels by national law. Second, coastal States are under a duty to …” „… 9.1.580; Page size: 160.00mm 240.00mm Article 98 Duty to render assistance 1. Every State shall require …”

. Use of terms and scope S. 18-28

„… , Establishing Continental Shelf Limits Beyond 200 Nautical Miles by the Coastal State: A Right of Involvement …” „… Nautical Miles by the Coastal State: A Right of Involvement for Other States? (2016). 19 See generally …” „… and subsoil 1. The sovereignty of a coastal State extends, beyond its land territory and internal …”

. Obligation to settle disputes by peaceful means S. 1814-1818

„… . Portraying the dispute as being in part about the interpretation of the term ‘coastal State’ in Art. 56 …” „… coastal State in the context of the Chagos Archipelago. The tribunal decided that it had the authority to …” „… by any peaceful means chosen by the parties Nothing in this Part impairs the right of any States …”

. Existing agreements, traditional fishing rights and existing submarine cables S. 383-390

„… State, with no rights of navigation for other States such as innocent passage or archipelagic sea lanes …” „… neighboring States under Arts. 47 (6) and 51 (1) explicitly have any guaranteed rights in such internal waters …” „… agreements between them. Such rights shall not be transferred to or shared with third States or their …”

. Legal status of the Area and its resources S. 958-965

„… exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or …” „… Declaration of Human Rights, GA Res. 217 A (III) of 10 December 1948 Cases: ICJ, Legal Consequences for States …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. ‘No State shall claim or exercise sovereignty or sovereign rights …”

. Use of technologies or introduction of alien or new species S. 1320-1329

„… internal water and the territorial sea. However, in the EEZ, coastal States have jurisdiction as foreseen …” „… coastal and maritime zones including the internal waters, the exclusive economic zone and the high seas …” „… transformation from a liquid in a solid state and/or any physical or chemical change that does not eliminate or …”

. Use of terms S. 937-944

„… ), included in Part XIII (Marine scientific research), provides that consent by the coastal State may withhold …” „… , Art. 124 (1)(a) gives the definition of ‘land locked State’). Other definitions ‘for the purposes of …” „… international ocean space institutions to ensure the equitable sharing by all States of the benefits derived …”

. Cooperation with international organizations and the Authority S. 1797-1798

„… equitable geographical distribution, nationals of developing States, whether coastal, land-locked or …” „… States, particularly land-locked and geographically disadvantaged States’ 5 Although the reference to …” „… land-locked and geographically disadvantaged States is found already in the proposal of the Group of 77,17 the …”

. Powers and functions S. 1158-1170

„… from a coastal State’s lowwater baseline creates the opportunity for the coastal State to exploit …” „… contributions to be made by the coastal State with regard to its exploitation of natural resources of the outer …” „… State or States making the application or sponsoring the applicant; (ii) if the Commission recommends …”

. Legal status S. 1739-1741

„… Arts. 60 and 80 are subject to the exclusive jurisdiction of the coastal State, there is no clear …” „… deployment of research installations and equipment cannot create rights over areas of the high seas or of the …” „… maritime zones of other States.2 This provision, however, does not address other topical issues relating to …”

. Immunity of warships on the high seas S. 715-717

„… jurisdiction reserved to coastal States by Art. 56, it is possible that ‘the quality of freedom exercisable in …” „… of navigation on the high seas’ 14 Under the first sentence of Art 94 (7), a flag State must conduct …” „… flying its flag and causing loss of life or serious injury to nationals of another State or serious …”

. Jurisdiction of the Seabed Disputes Chamber S. 1255-1262

„… may infringe the rights or interests of the coastal State. As a further example, one may refer to the …” „… (2) that coastal States should exercise trusteeship over an intermediate zone of continental shelf …” „… liability of a State Party relating to damage caused by its failure to carry out its responsibilities under …”

. Responsibility to ensure compliance and liability for damage S. 969-977

„… protection norms that are valid erga omnes may also entail claimant rights for every other State.36 Contrary …” „… benefit of mankind as a whole, irrespective of the geographical location of States, whether coastal or …” „… ; Page size: 160.00mm 240.00mm that of an objective regime.26 Such regimes are possible if all States …”

. Declarations, notifications and communications S. 2533-2541

„… Union is a party. See Erik Franckx/Thuy V. Tran, Ship-Source Pollution: An EU Pro-coastal State …” „… where international organizations or Member States have competence helps clarify the rights and duties …” „… conceded to the Member State in the assertion of its rights in accordance with UNCLOS. This entails a …”

. Legal status of the superjacent waters and air space S. 947-950

„… the distinction between seabed, waters and air. It provides that ‘the rights of the coastal State over …” „… the high seas freedoms ‘shall be exercised by all States […] with due regard for the rights under this …” „… shall not consider and qualify a submission made by any of the States concerned in the dispute. However …”

. Prohibition of the transport of slaves S. 731-734

„… coastal State’s rights and interests ( Art 58 (3)). II. Historical Background 3In the nineteenth century …” „… 9.1.580; Page size: 160.00mm 240.00mm the territory of the EU Member State hosting the FRONTEX operation …” „… protection of their fundamental rights in compliance with the principle of non-refoulement’.39 More generally …”

. Composition, procedure and voting S. 1149-1158

„… the Assembly; (b) coastal States, especially developing States, which do not qualify under paragraph 1 …” „… paragraph provides that land-locked and geographically disadvantaged States as well as coastal States that …” „… the Assembly have the same rights in the Council. This may be non-member States, international …”

. Ships and aircraft which are entitled to seize on account of piracy S. 756-760

„… subsequently hands it over to a warship or to the authorities of a coastal State.’18 The presence of …” „… bareboat charterer.10 However, the duty of compensation is owed to the flag State and not to the ship …” „… damage’ arising from improper exercise of the lesser right of visit and inspection ( Art. 110). This …”

. Preferential treatment for developing States S. 1353-1357

„… 204 Monitoring of the risks or effects of pollution 1. States shall, consistent with the rights of …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. ‘consistent with the rights of other States’ and ‘as far as practicable …” „… States, for the minimization of the effects of major incidents which may cause serious pollution of the …”

. The Review Conference S. 1093-1098

„… , protection of human life, rights of coastal States, the legal status of the waters superjacent to the Area …” „… Area, the rights of States and their general conduct in relation to the Area, and their participation …” „… States.14 Subsequent drafts that granted the conference the right to submit amendments to the States …”

. Duty not to transfer damage or hazards or transform one type of pollution into another S. 1316-1320

„… into areas where the inducing State does not exercise sovereign rights (as in Art. 194 (2 …” „… measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘Measures to prevent, reduce and control pollution of the marine environment’ 9 2. ‘States …”

. Formal confirmation and accession S. 2523-2528

„… an undertaking to accept the rights and obligations of States under this Convention in respect of …” „… rights and perform the obligations which its member States which are Parties would otherwise have under …” „… organization shall in no case confer any rights under this Convention on member States of the organization …”

. Publication of reports S. 1365-1370

„… 9.1.580; Page size: 160.00mm 240.00mm Article 205 Publication of reports States shall publish reports of …” „… competent international organizations, which should make them available to all States. Bibliography: Robin …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. ‘States shall publish reports of the results obtained pursuant to article 204’ . . . . 6 2. ‘or …”

. Declarations and Statements S. 2002-2010

„… , the Convention had recognized residual rights of the coastal State, while Italy considered them to …” „… shall not alter the rights and obligations of States Parties which arise from other agreements …” „… compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights …”

. Responsibility and liability for damage S. 1962-1969

„… ) rights and duties of States, the Convention scantly elaborates on the ‘general conditions’12 under which …” „… . coastal States, port States) can exercise jurisdiction.38 In addition, it has traditionally been …” „… recognised that the flag State is entitled to vindicate rights of crew members irrespective of their …”

. Policies relating to activities in the Area S. 1059-1067

„… regard shall be paid to the preferential rights of States of cultural, historical or archaeological …” „… enough in pointing out that, in the Area, the States enjoying preferential rights as States of cultural …” „… conformity with this Convention, unless the consulting States, which include the Coordinating State, agree …”

. Nature and fundamental principles of the Authority S. 1108-1116

„… this should not be the case, the exercise of rights by the member States of the Authority would, due to …” „… of the Council to elect the members of the Legal and Technical Commission on the right of the States …” „… States Parties in connection to the work of the Authority ( Art. 182) and the rights of certain organs …”

. Common heritage of mankind S. 950-958

„… ; however, according to Art. 87 (2), this freedom is limited by the rights of other States both regarding …” „… party and the coastal State, and Arts. 143 and 144 provide for universal distribution of technology and …” „… exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or …”

ANNEX III BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION S. 2114-2276

„… resources in the Area, the United States defended the idea that there should be a guarantee of the right to …” „… and ending with marketing.7 Industrialized States were in favour of the right of private entities to …” „… States are eligible to apply for exclusive rights of exploration for and exploitation of mineral …”

. Protection of the marine environment S. 1008-1029

„… principle, but was mentioned in the context of the protection of interests of coastal States.11 4The present …” „… ; Page size: 160.00mm 240.00mm There is only a duty of States Parties ‘to cooperate fully and …” „… effectively with the Authority for this purpose’.47 Last but not least, States Parties are obliged ‘to promote …”

. Obligation to exchange views S. 1831-1839

„… obligations of the Russian Federation as a coastal state in its exclusive economic zone’, identifying it as …” „… between States Parties concerning the interpretation or application of this Convention, the parties to the …” „… obligation for States to negotiate as a procedure to settle their disputes before there can be resort to the …”

. Promotion of the development and transfer of marine technology S. 1765-1775

„… (1984), 121–153 Documents: GA, Charter of Economic Rights and Duties of States, GA Res. 3281 (XXIX) of …” „… Res. 3202 (S-VI) of 1 May 1974; GA, Charter of Economic Rights and Duties of States, GA Res. 3281 …” „… commercialization rights. The unwillingness of developed States to abandon these economic interests is reflected in …”

. Provisional measures S. 1867-1879

„… . 297 (1),26 as it was argued that the case concerned the contravention by the coastal State of the …” „… rights and freedoms of other States in the exclusive economic zone.27 In the order of the 1999 Southern …” „… considers appropriate under the circumstances to preserve the respective rights of the parties to the …”

. Signature S. 1969-1980

„… management.45 17 As more States, both coastal and landlocked, become parties to UNCLOS, the UNGA’s annual …” „… Convention shall be open for signature by: (a) all States; (b) Namibia, represented by the United Nations …” „… Council for Namibia; (c) all self-governing associated States which have chosen that status in an act of …”

ANNEX VII ARBITRATION S. 2466-2492

„… exercise by a coastal State of its sovereign rights or jurisdiction from the ambit of Art. 287, and thus …” „… ), Annex VII arbitration is the default procedure, should a State not exercise its right to declare a …” „… provisions of Part XV’ 6Part XV (Settlement of Disputes, Arts. 279–299) contains two requirements for a State …”

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Katrin Kohoutek - Inhalt und Grenzen der Freiheit zur Verlegung von Seekabeln

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Inhalt und Grenzen der Freiheit zur Verlegung von Seekabeln

Series: Studies in International Law of the Sea and Maritime Law - Internationales Seerecht und Seehandelsrecht

Volume 14 2023

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Literaturverzeichnis S. 607-636

„… , 2016. – Kapitel 4, 43–58 (zitiert: Bateman)Bautista, Lowell: The Role of Coastal States. In Warner …” „… : Under-Utilized Coastal State Jurisdiction: Causes andConsequences. In Ringbom, Erik (Hrsg.): Jurisdiction over …” „… Under-Utilized Coast-al State Jurisdiction)Churchill, Robin: The LOSC Regime for Protection of the Marine …”

Grenzen der Freiheit zur Verlegung von Seekabeln S. 301-594

„… der englischen Originalfas-sung heißt es ebenfalls: „The coastal State exercises over the …” „… adopted leaves no doubt that the rights conferred upon thecoastal State cover all rights necessary for and …” „… Reciprocating States Regimes bei Churchill/Lowe, S. 232-235 und die Aufzählung in Shaw, S. 469.310I …”

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Björn Hofmann - Das Küstenmeer im Völkerrecht

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Björn Hofmann

Das Küstenmeer im Völkerrecht

Series: Nomos Universitätsschriften - Recht

Volume 539 2008

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Recht der friedlichen Durchfahrt S. 129-202

„… outside internal waters, the coastal State also has the right to take the necessary steps to prevent any …” „… too narrow a view that a passage is necessarily innocent in relation to the coastal state so long as …” „… the passage is felt, or appears as prejudicial to the coastal State, though not by reason of anything …”

Aufsätze S. 213-221

„… Alexander, L.M.: Coastal State Competence to regulate Traf c in Straits and other Areas near their coast …” „… the Law of the Sea. In: ICLQ 1959, S. 73, S. 75Franckx, E.: Coastal State Jurisdiction with respect …” „… icts between foreign ships innocent passage and national security of the coastal states. In: Van Dyke …”

Lehrbücher / Monographien S. 207-212

„… Boundries and the State Practice in the Mediteranean Sea, Oxford 1993Ajoudan Garekami, A.: Revolution …” „… Kstenkosysteme der Ostsee, Baden-Baden 2000Barnabe, G.: Ecology and Management of coastal waters The Aquatic …” „… Creation of States in International Law, Oxford 1979Björn_Hoffm_Layout_XX.indd 207 …”

Breite des Küstenmeers S. 49-56

„… . Siehe dazu Trmpler 2005, S. 5 Fn. 16. Siehe hierzu auch Franckx, E., Coastal State Jurisdiction with …” „… Art. 3 SR legte fest:Every State has the right to establish the breadth of its territorial sea up to …” „… of the community of States. Ebenso Blum, Y.: Historic Rights, EPIL II, Amsterdam 1995, S. 710 ff.180 …”

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Christian Calliess - Herausforderungen an Staat und Verfassung

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Christian Calliess (ed.)

Herausforderungen an Staat und Verfassung

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 100 2015

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Rüdiger Wolfrum The Impact of Article 300 of the UN Convention on the Law of the Sea on the Jurisdiction of International Courts and Tribunals S. 383-392

„… Convention.8 This provisionattempts to balance the sovereign rights coastal States enjoy in their EEZswith …” „… them”.4 The objective of that obligation was thatStates would exercise their rights and jurisdictions …” „… arbitrarilyharm the rights of other States, the interests of the international communityas a whole, and that they …”

Magne Frostad The Norwegian Coastal Steamer and the Pan American Airways Corporation: Military Objectives and Direct Civilian Participation in Hostilities during World War II? S. 78-97

„… The Norwegian Coastal Steamer and the Pan American AirwaysCorporation: Military Objectives and …” „… participated in the general war effort during WorldWar II: The Norwegian coastal steamer1 and the Pan American …” „… steamerThe Norwegian coastal steamer, often referred to as the Norwegian coastalexpress, suffered casualties …”

doi.org/10.5771/9783845254319

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ZIB Volume 29 (2022) Issue 1 ISSN Online: 2942-1233

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Annegret Kuhn, Valentina Treffenfeldt Montoya Indigene Souveränität und die Governance von Territorialität in der Arktis S. 126-140

„… interpreted as implying forany State, people, group or person any right to engage in any activity or to …” „… the Rights ofIndigenous Peoples (UNDRIP), die als zentraler Meilenstein für die Anerkennungder Rechte …” „… , the Ministers representing the eight Arctic States, joined by represen‐tatives of the six Permanent …”

doi.org/10.5771/0946-7165-2022-1

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