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

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Alexander Proelß (Hrsg.)

United Nations Convention on the Law of the Sea

Reihe: Kooperationswerke Beck - Hart – Nomos

Band 2017

Treffer in den folgenden Teilen:

. 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

„… activities, the duty to take conservation measures in respect of nationals in Art. 117 is not limited to …” „… respect of their nationals.59 24However, the duty to cooperate is an inherent element of the duty to …” „… now more fully articulated in the UNFSA which implements the provisions of Section 2 in respect of …”

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

„… the duty to cooperate in respect of straddling fish stocks and highly migratory fish stocks already …” „… ‘institutionalises’ the duty to cooperate in respect of straddling and highly migratory fish stocks by requiring its …” „… 9.1.580; Page size: 160.00mm 240.00mm measures in respect of corporations or individuals on the basis of …”

. Duties of the flag State S. 708-715

„… ); Daniel P. O’Connell, The International Law of the Sea, vol. II (1984); Bernard H. Oxman, The Duty to …” „… , ‘protection and preservation of the marine environment’ and the flag State’s duty to exercise jurisdiction ‘in …” „… the flag State’s responsibilities under [UNCLOS] in respect of the conservation Part VII. High seasArt …”

. Cooperation among international organizations Article 278. Cooperation among international organizations S. 1808-1814

„… . Pinto, The Duty of Co-Operation and the United Nations Convention on the Law of the Sea, in: Adriaan …” „… of marine technology and to the complementary duty to cooperate among themselves towards this end …” „… are 1 M. C. W. Pinto, The Duty of Co-Operation and the United Nations Convention on the Law of the Sea …”

. Notification of imminent or actual damage S. 1334-1339

„… law before the duty to regulate is perfected, would not encourage broader adoption of international …” „… Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011, ITLOS Reports (2011 …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 I. Purpose and Function 1 Art. 198 sets out the duty of States to notify other States where the …”

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

„… of UNCLOS have been highlighted with respect to particular organizations, as for instance the Baltic …” „… expected starting date of the research activities. This duty applies to marine scientific research (MSR …” „… sense, the duty under Art. 248 is the precondition for operation of the consent regime in the EEZ and on …”

. Promotion of international cooperation S. 1631-1637

„… international organizations shall, in accordance with the principle of respect for sovereignty and jurisdiction …” „… . Pinto, The Duty of Co-Operation and the United Nations Convention on the Law of the Sea, in Adriaan …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …”

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

„… the understanding of the effects of marine pollution – but rather in respect of the monitoring object …” „… activities on the marine environment.6 The duty to monitor effects and risks of pollution may in fact be …” „… required in this respect relied on scientific knowledge on the condition of fish stocks, it may be argued …”

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

„… , and codified a duty of all States to respect the safety zones as well as a duty of the coastal State …” „… . Due notice shall be given of the extent of safety zones. 6. All ships must respect these safety zones …” „… exclusive jurisdiction over such artificial islands. Art. 60 (3) prescribes the duty of the coastal State to …”

. Duties of the coastal State S. 218-223

„… forth in relevant international agreements. Steps may be taken in accordance with Art. 25 in respect of …” „… negative terms and establishes the duty of a coastal State not to hamper the innocent passage of foreign …” „… coastal State was under a duty to notify shipping in general of the minefield’s existence.2 The Court did …”

. Responsibility and liability S. 1750-1758

„… take in contravention of this Convention in respect of marine scientific research conducted by other …” „… Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion …” „… organizations are responsible and liable pursuant to Art. 235 in respect of any measures affecting the marine …”

. Creation of favourable conditions S. 1637-1640

„… States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 …” „… the role of the oceans with respect to the management of climate change. 6 E. g. the Census of Marine …” „… coincident with the notion used in other provisions of the Convention, e. g. Art. 238. The first duty of …”

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

„… warships.’22 Article 100 Duty to cooperate in the repression of piracy All States shall cooperate to the …” „… of the Secretary-General on the Situation with Respect to Piracy and Armed Robbery at Sea off the …” „… Articles with Commentaries (note 1), 27 (Art. 37). Duty to cooperate in the repression of piracy Art. 100 …”

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

„… ), 151–169; Laura Pineschi, The Duty of Environmental Impact Assessment in the First ITLOS Chamber’s Advisory …” „… Obligations of States Sponsoring Persons and Entities With Respect To Activities in the Area, Advisory Opinion …” „… Function 1 Art. 206 sets out the duty of States to conduct environmental impact assessments (EIAs). It …”

. Enforcement by port States S. 1488-1497

„… proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or …” „… 240.00mm 2. No proceedings pursuant to paragraph 1 shall be instituted in respect of a discharge …” „… (1993); Tatjana Keselj, Port State Jurisdiction in Respect of Pollution from Ships: The 1982 United …”

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

„… . States have the duty to protect objects of an archaeological and historical nature found at sea and shall …” „… identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to …” „… for a general duty to protect objects of archaeological and historical nature, wherever found in …”

. Sedentary species S. 541-544

„… concerning the Policy of the United States with respect to the natural Resources of the Subsoil and the Sea …” „… view of the ILC, ‘the coastal State must respect, in this (sic.) connexion, the existing right of other …” „… are not under an express duty to conserve and manage the natural resources of the continental shelf in …”

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

„… their obligation to respect the global interest in the protection and preservation of the marine …” „… concepts: the sovereignty of States to exploit their natural resources, the right and duty to apply …” „… general obligation of Art. 192, however, is applicable in all zones of the sea10. Consequently, the duty …”

. Enforcement by flag States S. 1475-1488

„… Paper: Respective Jurisdiction in Respect of Vessels Likely to Pollute the Sea or to Carry out Dumping …” „… , including requirements in respect of design, construction, equipment and manning of vessels. 3. States shall …” „… investigation and where appropriate institute proceedings in respect of the alleged violation irrespective of …”

. Duty to render assistance S. 726-731

„… ’: Emmerich de Vattell, The Law of Nations (1834), 170. Duty to render assistance 1 Art. 98 Guilfoyle 725 …” „… of an inquiry’; and reflects the duties in Art. 94 (7).5 Importantly, this is a duty that a State …” „… must impose on the masters of its vessels by national law. Second, coastal States are under a duty to …”

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

„… would seem to be beyond the scope of duty under Art. 248 which only refers to participation and …” „… compromise formula was agreed, resulting in the present para. (d).17 6A point of controversy with respect to …” „… be represented is with respect to the MSR ‘project’. The use of the term ‘especially’ indicates that …”

. Cooperation on a global or regional basis S. 1329-1334

„… XII, Section 2, entitled ‘Global and Regional Cooperation’. It sets out the fundamental duty of States …” „… environment. The inclusion of the terms ‘on a global basis’ and ‘on a regional basis’ indicate that the duty …” „… . cooperation in defining rules for environmental protection) character. 10 The duty of cooperation in Art. 197 …”

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

„… Proclamation 2667, Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed …” „… Proclamation 2667, Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed …” „… laws and regulations […]’6, thus transforming a right of enforcement into a duty to enforce national …”

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

„… similar publicity and charting obligation in respect of certain issues relating to the territorial sea …” „… . Historical Background 6As seen, the only equivalent duty to publicise baselines in the CTSCZ was in respect …” „… was a more restrictive duty (uncontroversially added by the International Law Commission Committee of …”

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

„… exception, and a further obligation with respect to the duty to provide information provided in the last …” „… enforcement of coastal States. 3 The duty to inform other States concerned is also a reflection of States …” „… ’ obligation to cooperate with respect to the protection and preservation of the marine environment and to …”

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

„… The paper suggests a prohibition of national sovereignty over the Area combined with a duty of …” „… resources of the Area, however, both were combined in one provision and supplemented by a duty of …” „… minerals other than in accordance with Art. 137 (2), Art. 137 (1) cl. 2 installs a duty of non-recognition …”

. General obligation S. 1278-1288

„… .16 Coastal States, by virtue of their sovereignty, have the duty to protect the marine environment in …” „… mm ‘does not exempt States from their obligation under the law of the Sea to adopt with respect to …” „… is a generic term for any type of legal duty or liability. In Art. 192, the term ‘obligation’ is …”

. Transfer of technology S. 1003-1008

„… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… question of the technology transfer in respect to deep seabed mining was controversial (see infra, MN 5 et …” „… seq.).7 4The regime on the transfer of technology in respect to deep seabed mining is therefore now …”

. Pollution by dumping S. 1408-1420

„… implementation of Part XII.1 The relevant enforcement powers are laid down in Art. 216 (Enforcement with respect …” „… tier is Section 5 of Part XII, providing prescriptive obligations with respect to these measures. The …” „… 212 (2). 31 In this respect, Gregory J. Timagenis, International Control of Marine Pollution, vol. II …”

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

„… (5)).17 Article 225 Duty to avoid adverse consequences in the exercise of the powers of enforcement In the …” „… Disputes Chamber, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect …” „… States with respect to the rights of visit ( Art. 110 (1)) and of hot pursuit ( Art. 111 (1)–(2)), and …”

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

„… bond or other security. Imprisonment or other forms of corporal punishment in respect of conviction for …” „… respect of an alleged violation of article 73, paragraph 2 of the Convention.’26 Taking into account the …” „… Fish Stocks Agreement (UNFSA) provides that ‘[s]anctions applicable in respect of violations shall be …”

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

„… vessel engaged exclusively on government non-commercial service would have immunity in respect of its …” „… – one may conclude that it now represents customary international law12 in respect of collisions …” „… coastal State authority to arrest or temporarily detain foreign vessels in respect of certain activities …”

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

„… make the State bordering the strait wary of existing aids or any future additions with respect to the …” „… are provided by the coastal State as a matter of necessity, as opposed to a legal duty, for passage to …” „… adds another element to the duty of publicity given to any dangers to navigation and overflight within …”

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

„… knowledge in respect of the complex conditions in the Area, this duty is of particular importance. Even …” „… element ‘from time to time as necessary’ implies that States have wide discretion in respect of this issue …” „… on the International Seabed Authority (ISA) to adopt appropriate instruments in respect of the …”

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

„… implementation of this article with respect to such organizations. Bibliography: Donald K. Anton, The Principle …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… ) and a duty to establish breaches of the Convention as punishable offences under national law (Art. 11 …”

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

„… economic and social priorities.5 In this respect, it should be pointed out that, due to a lack of the …” „… qualifications used in the Convention to indicate the obligations of States in respect of internationally agreed …” „… Environment from Land-based Sources of Pollution, in: Alan Boyle/ Enforcement with respect to pollution from …”

. Pollution from land-based sources S. 1379-1392

„… States prior to the actual assessment, nor a duty to consult with them on the basis of the results …” „… (Enforcement with respect to pollution from land-based sources). 2 Of the six pollution sources covered in …” „… compared to their commitment with respect to other sources of marine pollution. Therefore, it follows from …”

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

„… inform the exporting state of any obligations relating to passage through its territorial sea. 8 A duty …” „… duty to notify States of activities posing a risk of transboundary harm. However, it remains debatable …” „… bilateral agreements in respect of visits by nuclear powered vessels, the NS SAVANNAH and the OTTO HAHN …”

. Anadromous stocks S. 528-537

„… economic dislocation for a State other than the State of origin. With respect to such fishing beyond the …” „… requirements and the needs of the State of origin in respect of these stocks. (b) The State of origin shall …” „… provides that ‘with respect to fishing beyond the outer limits of the exclusive economic zone, States …”

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

„… Entities with respect to Activities in the Area, Advisory Opinion of 1 February 2011, ITLOS Reports (2011 …” „… (harmful) acts, and secondly a duty to maintain a level of vigilance in enforcing those rules and measures …” „… conducted under the chairmanship of Mr. VALLARTA (Mexico) it had been agreed that – with respect to article …”

. Publication of reports S. 1365-1370

„… unsubstantial drafting change, an extension of the required reporting duty was not intended. As previous drafts …” „… their monitoring results. 20 Despite Art. 205 only mentions ‘States’ as addressees of the reporting duty …” „… some discretion in this respect. 25 UN, Report of the World Summit on Sustainable Development, UN Doc …”

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

„… measures, the provisions of Section 5 of Part XII provide, as a second step, prescriptive powers in respect …” „… resources of the sea’. In its commentary to Art. 71, the ILC clarified that with respect to the conservation …” „… The Seabed Committee examined these Principles. With respect to the issue of pollution from seabed …”

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

„… contrahendo.19 The intent of the parties in this respect is clear from the use of ‘shall’,20 but there are …” „… does not specify the beneficiaries of the duty to publish information. While the initial drafts …” „… MN 22–24. 15 The resolution adopted by the IOC with respect to the deployment of the Argo floats …”

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

„… acknowledge any duty of cooperation in the maritime domain; however, both the Single Convention on Narcotic …” „… Drugs 1961 and the Convention on Psychotropic Substances 1971 set out a general duty of cooperation to …” „… . ‘cooperate in the suppression of […]’ 8 Art. 108 (1) imposes a general duty upon all States to cooperate ‘in …”

. Participation and appearance of sponsoring States Parties in proceedings S. 1272-1275

„… and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion …” „… Respect of Kosovo (Request for Advisory Opinion), Advisory Opinion of 22 July 2010, ICJ Reports (2010 …”

. Scope of this Part S. 944-947

„… agreement between States with respect to the establishment of limits between opposite or adjacent States’.1 …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… ; Page size: 160.00mm 240.00mm Article 134 Scope of this Part 1. This Part applies to the Area. 2 …”

. Liability for seizure without adequate grounds S. 754-756

„… deter abuse of the right, and is consistent with the duty to exercise rights under UNCLOS in good faith …” „… grounds’ 4 Art. 106 imposes liability (and a duty of compensation) for any loss or damage which occur when …” „… delay of the voyage or loss of use. As discussed below, in respect of Art. 110 (3), the concept of ‘the …”

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

„… of biological resources.18 This duty applies to all biological resources within the limits of its …” „… Convention thus established a duty for coastal States and LLS to negotiate on terms of access to the oceans.3 …” „… Art. 62 which sets out the duty of the coastal State to calculate the surplus. 9 Pursuant to Art. 69 …”

. Privileges and immunities S. 1233-1237

„… privileges and immunities in respect of the territorial jurisdiction of host states are generally recognized …” „… to the Convention in a number of respects, the privileges and immunities accorded to the ISA by …” „… the following privileges and immunities: immunity from legal process in respect of words spoken or …”

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

„… freedoms that have survived the demands of coastal States.’3 In this respect, of the four high seas …” „… . Several informal amendments that were subsequently introduced in respect of Art. 46 of the RSNT/ Part II …” „… materials such as elements of decommissioned nuclear reactors or nuclear waste.47 In this respect, it does …”

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

„… shall not ‘form the legal basis for any claims with respect to any part of the area or its resources’ as …” „… activities, in addition to guaranteeing participation of coastal State representatives, have a duty to share …” „… competent international organizations shall, in accordance with the principle of respect for sovereignty and …”

. Disclosure of information S. 1948-1951

„… respect of certain chapters of the Charter. Given that the text of Art. 301 was a compromise between two …” „… and historical objects found at sea 1. States have the duty to protect objects of an archaeological …” „… 9.1.580; Page size: 160.00mm 240.00mm are expressions of the principle of proportionality. Taking this …”

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

„… . Proceedings to impose penalties in respect of any violation of applicable laws and regulations or …” „… suspended upon the taking of proceedings to impose penalties in respect of corresponding charges by the flag …” „… terminated. Upon payment of costs incurred in respect of such proceedings, any bond posted or other financial …”

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

„… content of the obligations in Arts. 117–120. Article 117 Duty of States to adopt with respect to their …” „… , Art. 116 aims at concretising the scope of the ‘conditional freedom’. 2 With respect to the general …” „… extra-legal.1 In the context of marine living resources, this means ‘a duty to have due regard to the rights …”

. Pollution from or through the atmosphere S. 1444-1452

„… (Enforcement with respect to pollution from or through the atmosphere). 2 Art. 212 concerns the last source of …” „… taken shall ‘in respect of marine and atmospheric based sources of pollution of the marine environment …” „… regulations. Instead of being obliged to respect a minimum international standard32 when adopting national …”

. Duties of States bordering straits S. 325-328

„… adds another element to the duty of publicity given to any dangers to navigation and overflight within …” „… Another point in this respect is that the obligation of the coastal State not to suspend transit passage …” „… , as has been discussed above, in respect of Arts. 4221 and 23322, transit passage may in fact be …”

Index S. 2554-2619

„… competent international organization 61 27 – duty to adopt measures for the conservation of living resources …” „… Affairs and the Law of the Sea, Office of Legal Affairs 278 5 – duty to cooperate 278 8 et seq …” „… . – default judgment Annex VI 28 2 – duty of the Tribunal to investigate its jurisdiction Annex VI 28 18 et …”

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

„… the Seas’ Right of Innocent Passage and Duty to the Marine Environment, Florida JIL 13 (2001), 361–378 …” „… specific rights upon the coastal State with respect to foreign ships exercising the right of innocent …” „… Conflict Between the Law of the Seas’ Right of Innocent Passage and Duty to the Marine Environment, Florida …”

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

„… pithily: ‘[t]he duty of States to prevent and punish the transport of slaves in ships authorized to fly …” „… Situation with Respect to Piracy and Armed Robbery at Sea off the Coast of Somalia, UN Doc. S/2015/776 (2015 …” „… . 37). Duty to cooperate in the repression of piracy Art. 100 Guilfoyle 733 …”

. Conservation of the living resources S. 481-494

„… Respect to Activities in the Area, Advisory Opinion of 1 February 2011, available at …” „… , furthermore, warrant an evolutionary interpretation of Art. 61.12 II. Historical Background 5A duty to …” „… sovereign, has the duty of preserving and protecting the fisheries. In so far as it is necessary for that …”

. Peaceful uses of the seas S. 1944-1948

„… contains a negative duty to refrain from engaging in any threat or use of force contrary to the principles …” „… attention in this respect) ‘continue to be governed by the rules and principles of general international law …” „… meaning of ‘peaceful uses’ in respect of how that term is used in other articles of the Convention (Arts …”

Titelei/Inhaltsverzeichnis

„… .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 791 Article 117. Duty of States to adopt with respect to their nationals measures for the conservation …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 634 Article 82. Payments and contributions with respect to the exploitation of the continental shelf …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 730 Article 100. Duty to cooperate in the repression of piracy …”

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

„… non-interference seems to go further than a duty to ‘duly respect’ research activities during the conduct of other …” „… together with all relevant obligations, e. g. the duty to prevent pollution resulting from the use of …” „… respected in the course of such uses; (d) marine scientific research shall be conducted in compliance with …”

. Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit S. 928-930

„… Commentary, vol. III (1995); M. Christopher W. Pinto, The Duty of Cooperation and the United Nations …” „… . Pinto, The Duty of Cooperation and the United Nations Convention on the Law of the Sea, in: Adriaan …” „… demonstrative of recent practice which aims at not only transit and LLS cooperating to improve and construct …”

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

„… course of such uses.’ On the other hand, Art. 246 (8) lacks reference to the obligation to ‘duly respect …” „… other provisions of UNCLOS trying to attenuate the principle of consent with respect to the conduct of …” „… this respect.10 The advantages of Art. 247 were believed to be the simplification and speeding up of …”

. General conduct of States in relation to the Area S. 965-969

„… includes a duty of nonrecognition. A separate question is that of mining rights under customary …” „… features of the principle of common heritage of mankind with respect to the Area have become part of …” „… implementation of this article with respect to such organizations. Bibliography: Donald K. Anton, The Principle …”

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

„… right of the coastal State to authorise and regulate. Article 82 Payments and contributions with respect …” „… make payments or contributions in kind in respect of the exploitation of the non-living resources of …” „… respect of that mineral resource. 4. The payments or contributions shall be made through the Authority …”

. 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

„… Arbitration (The Kingdom of Denmark in Respect of the Faroe Islands/European Union), Termination Order of 23 …” „… Atlanto-Scandian Herring, Joint Communication from Denmark in respect of the Faroe Islands and the European Union …” „… Regulation (EU) No. 793/2013 of 20 August 2013, OJ 2013 L 223, 1, establishing measures in respect of the …”

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

„… . 59. This is particularly true in respect of military manoeuvres conducted in the EEZ, which are …” „… more general way. In this respect, it has been held that the UNESCO Convention on the Protection of …” „… organization. Due notice shall be given of the extent of safety zones. 6. All ships must respect these safety …”

. Institution of civil proceedings S. 1553-1555

„… Nothing in this Convention affects the institution of civil proceedings in respect of any claim for loss …” „… instituted by another State would not ‘affect the institution of civil proceedings in respect of any claim …” „… proceedings with respect to the exercise of the powers of enforcement as provided in Part XII of the …”

. Breadth of the territorial sea S. 35-42

„… negotiating history, to find the existence of a duty.44 The meaning of ‘other rules of international law …” „… by a duty to act in good faith and to have due regard to Mauritius’ rights and interests (in respect …” „… . The coastal State has no duty to establish the breadth of its territorial sea up to 12 NM, this would …”

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

„… stipulate the duty of Art. 196, it was necessary to legitimate possible interventions of States in favour of …” „… environment. Whenever the effects of any planned activity could give rise to uncertainty in respect of …” „… ) that is causing the respective marine pollution.25 The transformation into ‘another type’ of pollution …”

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

„… jurisdiction of its courts, in respect of a certain limited category of international offences.1 Only in the …” „… deter abuse of the right, and is consistent with the duty to exercise rights under UNCLOS in good faith …” „… 9.1.580; Page size: 160.00mm 240.00mm of piracy does not sever that ‘link’ between the vessel and its …”

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

„… necessary means for prompt release, in particular under Art. 292. In this respect, the concept of …” „… measures and proceedings are taken. Although the respect of these safeguard clauses would be mandatory …” „… agreements in this respect. 13 The word ‘applicable’ is of particular interpretative difficulty, as it raises …”

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

„… limiting the discretionary powers of the State to act.56 Article 227 Non-discrimination with respect to …” „… Regime of Maritime Ports. Non-discrimination with respect to foreign vessels 3–5 Art. 227 Becker-Weinberg …” „… by its flag, and all States are bound to respect the nationality of a ship, as well as the …”

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

„… State other than the flag State, there is a duty under the VCCR to ‘inform the consular post of the …” „… Comparative Law, Report on the Obligations of States under Articles 74 (3) and 83 of UNCLOS in Respect of …” „… International Court of Justice’57 leaves some room for discussion in four respects. First, this reference does …”

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

„… duty to do so under Art. 94 (6).40 Article 95 Immunity of warships on the high seas Warships on the …” „… or operated by States […] shall be subject, as regards claims in respect of the operation of such …” „… another State to take enforcement action in respect of the vessel or persons aboard.9 Second, if the crew …”

. Right of visit S. 768-773

„… and unauthorised high seas broadcasting ( Art. 109). High seas interdiction in respect of all of …” „… 9.1.580; Page size: 160.00mm 240.00mm inclusion of enforcement powers, as compared with Art. 108 on …” „… . Article 110 Right of visit 1. Except where acts of interference derive from powers conferred by treaty, a …”

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

„… State practice remains largely consistent with the provisions of Art. 2, at least in respect of the …” „… , to find the existence of a duty.44 The meaning of ‘other rules of international law’ refers to rules …” „… by a duty to act in good faith and to have due regard to Mauritius’ rights and interests (in respect …”

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

„… location, it is consistent with the general duty to ensure the safety of navigation to consider that these …” „… interfere with other legitimate uses of the sea and shall be duly respected in the course of such uses (Art …” „… 9.1.580; Page size: 160.00mm 240.00mm 9 Recent years have seen a growing number of unauthorised …”

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

„… . Activities in the Area, with respect to resource deposits in the Area which lie across limits of national …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… rights and interests. 13. Nothing herein shall affect: […] (b) The rights of coastal States with respect …”

. Powers and functions S. 1158-1170

„… in respect of such resource. All rules, regulations and procedures shall remain in effect on a …” „… other organs involved in the governance of deep sea mining can be found in, for example, the duty to …” „… for measures to be taken. One external duty of the Council is to enter into agreements with the United …”

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

„… further substantiation of the respective matter by other provisions of the Convention.83 In this respect …” „… of this Convention. 3. The rights set out in this article with respect to the seabed and subsoil …” „… zone, States seemed to have agreed on the existence of exclusive powers of the coastal State in respect …”

. Cooperation in the construction and improvement of means of transport S. 925-928

„… ); M. Christopher W. Pinto, The Duty of Cooperation and the United Nations Convention on the Law of the …” „… Cooperation in the construction and improvement of means of transport Where there are no means of transport in …” „… transit States to give effect to the freedom of transit or where the existing means, including the port …”

. Identification markings and warning signals S. 1747-1750

„… location, it is consistent with the general duty to ensure the safety of navigation to consider that these …” „… take in contravention of this Convention in respect of marine scientific research conducted by other …” „… deployment and use of scientific installations and equipment ( Art. 258), Art. 261 requires that the …”

. Status of ships S. 701-705

„… . 117 (duty to cooperate in respect of nationals’ fishing activities on the high seas) and Art. 97 (1 …” „… according to convenience, may not claim any of the nationalities in question with respect to any other State …” „… respect to any other State’. This phrasing further reinforces the concept of nationality as conferring an …”

. Safety zones S. 1741-1745

„… States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 …” „… Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011 …” „… safety zone established around research installations in the EEZ and the continental shelf in case of …”

. Exercise of powers of enforcement S. 1532-1535

„… may only be exercised in respect of a foreign ship or aircraft by officials or by warships or military …” „… 225 Duty to avoid adverse consequences in the exercise of the powers of enforcement In the exercise …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …”

. Submarines and other underwater vehicles S. 197-200

„… Art. 19 (1) and is further subject to the duty to act in good faith and not amount to an abuse of …” „… naturally developed in respect of sailing vessels. The expectation was that submarines should navigate on …” „… passage through the territorial sea, in respect of all or any of the following: (a) the safety of …”

. 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

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5. Enforcement jurisdiction in respect of marine pollution …” „… which apply to archipelagic States in respect of archipelagic sea lanes passage. The effect of this rule …” „… ). 4. Duties of archipelagic States 9Art. 44 sets out the duty of States bordering straits, and hence …”

. Freedom of the high seas S. 679-683

„… bunkering of fishing vessels.20 Jurisdiction over bunkering in respect of other activities, it seems, may …” „… control pollution ( Part XII). It is subject to a number of further limitations in respect of authorised …” „… 9.1.580; Page size: 160.00mm 240.00mm appears supported by the wording of Art 58 (2) (specifying the …”

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

„… . The requirement is ‘subject to the provisions of Art. 249, paragraph 2,’ which provides that the duty …” „… particularly relevant with respect to the content of any documents and the timeliness of the application and …” „… 9.1.580; Page size: 160.00mm 240.00mm to the nomination of particular experts, and not to the …”

. Pollution from vessels S. 1420-1444

„… States, for the purpose of enforcement as provided for in section 6, may in respect of their exclusive …” „… (1995), 467–482; Bernard H. Oxman, The Duty to Respect Generally Accepted International Standards …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11. ‘Coastal States […] may in respect of their exclusive economic zones adopt laws and …”

. Obligation to exchange views S. 1831-1839

„… arises between two or more Contracting Parties with respect to the interpretation or application of the …” „… disputant. The obligation in this regard must be discharged in good faith, and it is the duty of the …” „… zone and continental shelf respectively and not to jeopardise or hamper the reaching of final agreement …”

. Implied consent S. 1697-1701

„… the provisions of article 249 concerning the rights of the coastal State with respect to the marine …” „… 9.1.580; Page size: 160.00mm 240.00mm into resource-related or fundamental research. The broad scope of …” „… the envisioned criteria and guidelines may be seen as reflecting the current legal regime of MSR where …”

. Responsibility and liability S. 1586-1592

„… enacted by Canada and the Russian Federation with respect to the Arctic.162 Whatever the outcome of this …” „… accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage …” „… . With the objective of assuring prompt and adequate compensation in respect of all damage caused by …”

. Sovereign immunity S. 1592-1597

„… consistently responsibility and liability for compensation and relief in respect of damage caused by pollution …” „… provides that the duty to protect objects of an archaeological or historical nature found at sea are …” „… non-commercial service.’ This has the effect of providing a functional rather than absolute immunity in respect …”

. Coordination of international programmes S. 1794-1797

„… contain some additional elements in comparison to the Convention with respect to the purposes of the …” „… Session (1974) of the Conference, Nigeria2 and 28 developing States3 proposed a provision on the duty for …” „… 9.1.580; Page size: 160.00mm 240.00mm ABE-LOS adopted draft guidelines in 200311 and the Assembly of the …”

. Customs duties, taxes and other charges S. 917-921

„… exportation, nor to any special dues in respect of transit.10 In addition to prohibiting special taxes on …” „… entitled ‘Prohibition to Levy Customs Duty on Transit’13 in any future law of sea convention concluded by …” „… commensurate with the costs of services rendered in respect of such transit’, available at …”

. Denunciation S. 2034-2038

„… of the last instrument of ratification or accession required. Fourthly, in terms of Art. 316 (6 …” „… regard to a State which becomes a Party to the UNCLOS after the entry into force of the amendments, on …” „… the date when the UNCLOS enters into force with regard to that State in terms of Art. 308 (2). Finally …”

. Equal treatment in maritime ports S. 930-934

„… Nordquist/Nandan/Rosenne (note 3), 448–449. 18 See M. Christopher W. Pinto, The Duty of Cooperation and the United Nations …” „… flying its flag and its master, officers and crew in respect of administrative, technical and social …” „… ; Page size: 160.00mm 240.00mm 2. ‘avoid delays or other difficulties of a technical nature’ 7Art. 130 …”

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

„… , the right of coastal States with respect to MSR in the EEZ ( Art. 246 (1)) is considerably limited …” „… consent under subparagraph (a) of that paragraph in respect of marine scientific research projects to be …” „… , there remained some ambiguities in the text of Art. 5 (8) CSC with respect to its interpretation and …”

. Amendments to the provisions of this Convention relating exclusively to activities in the Area S. 2026-2029

„… convening of an amendment conference, is in a position to object to the proposal not to convene such a …” „… considered rejected, but the objecting State would have the option of initiating the Art. 312-procedure. 7In …” „… the case of rejection of the amendment, the Secretary-General must immediately notify all States …”

. Breaking or injury of a submarine cable or pipeline S. 783-786

„… Art. 115 by a duty of compensation where fishing gear is sacrificed to avoid such damage.20 9 The …” „… 9.1.580; Page size: 160.00mm 240.00mm Article 113 Breaking or injury of a submarine cable or pipeline …” „… ship flying its flag or by a person subject to its jurisdiction of a submarine cable beneath the high …”

. Marine scientific research S. 990-1003

„… duty to ‘promote and encourage’ the conduct of MSR in the Area, i. e. has a general responsibility in …” „… , Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area …” „… the ‘relevant provisions of Part XII’. Those provisions include Art. 209, providing for national …”

. Protection of human life S. 1029-1036

„… Protection of human life With respect to activities in the Area, necessary measures shall be taken to ensure …” „… Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011 …” „… international administration, Art. 146 expressly establishes the duty to protect human life with respect to …”

. The Economic Planning Commission S. 1175-1179

„… jurisdiction.19 This is a fairly general duty and it may be the equivalent for the Commission of the task of …” „… ; Page size: 160.00mm 240.00mm approved the Rules of Procedure of the Legal and Technical Commission in …” „… the summer of 2000.32 Yet the Rules of Procedure of the Council declare that they are also applicable …”

. Basic objectives S. 1779-1784

„… corresponding duty to transfer it. Art. 267 seeks rather to ensure the respect of the holders’ and suppliers …” „… , and despite the limited legal effect of Art. 266, the expression ‘legitimate interests’ has been …” „… criticized for being unable to ensure an adequate protection of intellectual property rights.21 This …”

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

„… straits, in respect of all or any of the following: (a) the safety of navigation and the regulation of …” „… other noxious substances in the strait; (c) with respect to fishing vessels, the prevention of fishing …” „… State to legislate in respect of two matters in particular: the implementation of the TSS and oil …”

. Responsibility and liability for damage S. 1962-1969

„… link, especially a cultural, historical or archaeological link, with respect to the discovery of such …” „… Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011, available at …” „… advisory opinion on Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect …”

. Protection of legitimate interests S. 1775-1779

„… recognition of a legal right to obtain marine technology and of a corresponding duty to transfer it. Art. 267 …” „… seeks rather to ensure the respect of the holders’ and suppliers’ rights by underlining the related …” „… 9.1.580; Page size: 160.00mm 240.00mm obligation with the objective of creating ‘favourable economic and …”

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

„… entitled ‘Free Zones in Ports.’6 This article stated: ‘1. For the purpose of free and duty-free movement of …” „… ; Page size: 160.00mm 240.00mm of the transit State, i. e. by other States. As these means of transport …” „… being forced to pay discriminatory prices for their usage. This further strengthens the ‘right of access …”

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

„… territorial sea, in respect of all or any of the following: (a) the safety of navigation and the regulation of …” „… passage in respect of a defined range of activities. Thus, the coastal State may only extend its laws to …” „… vessels engaged in innocent passage in respect of the following matters: safety of navigation; regulation …”

. Relation to other conventions and international agreements S. 2010-2020

„… regard to the exploration and exploitation of mineral resources in the Area or the general duty to …” „… modifications do not affect rights of nonparties to that arrangement. In this respect, the role of Art. 311 is a …” „… attained such status.35 The repetition of such a procedure and the duty to notify the other parties by Art …”

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

„… respect of Art. 110 (3), the concept of ‘the ship’ may well extend to persons aboard, the owner and the …” „… bareboat charterer.10 However, the duty of compensation is owed to the flag State and not to the ship …” „… appearance of being a pirate vessel and justifying the action taken against it.9 3. ‘shall be liable’ 7 …”

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

„… Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011 …” „… Disputes Chamber, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect …” „… respect the rights of other States or to consider other legitimate activities or interests.37 The meaning …”

. Protection of the marine environment S. 1008-1029

„… ; Page size: 160.00mm 240.00mm There is only a duty of States Parties ‘to cooperate fully and …” „… Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, AJIL 105 (2011 …” „… Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011 …”

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

„… obligations assumed by States under special conventions, with respect to the protection and preservation of …” „… under special conventions, with respect to the protection and preservation of the marine environment …” „… areas of application of these agreements comprise the high seas, but not the Area in all respects, as …”

. Nationality of Ships S. 693-701

„… , RIAA XI, 83, 96; cf. Art. 117 (duty to cooperate in respect of nationals’ fishing activities on the …” „… various matters in respect of its flag vessels ( Art. 94). The principal benefit of nationality to a ship …” „… respect the International Tribunal for the Law of the Sea (ITLOS) said in M/V ‘Saiga’ (No. 2) Case: ‘[T]he …”

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

„… only special treatment recognized for LLS was with respect to their access to the sea.5 The concept of …” „… terminate’ 16When coastal States decide to order suspension or cessation of MSR activities in accordance …” „… organization(s). Art. 253 does not provide for enforcement of suspension or cessation order by coastal States …”

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

„… claims in respect of salvage or finds.17 The treatment of warships as underwater cultural heritage is not …” „… ; Page size: 160.00mm 240.00mm government of that State and whose name appears in the appropriate …” „… This same definition is used in the United States Commander’s Handbook on the Law of Naval Operations …”

. Marine mammals S. 851-859

„… high seas and, in particular in the case of cetaceans, institutionalises that duty by requiring …” „… with respect to marine mammals in the high seas. Rather, the origin of Art. 120 was extrapolated from …” „… Convention on the Conservation of Migratory Species (CMS).39 17 With respect to small cetaceans occurring in …”

ANNEX VI STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA S. 2335-2466

„… a case until the completion of any phase in respect of which the Tribunal has met’ after the closure …” „… respect of that case while the President continues to exercise the functions of the presidency for all …” „… of the duty of the Seabed Disputes Chamber to give advisory opinions ‘as a matter of urgency’ ( Art …”

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

„… territorial sea, within which the coastal State was to be entitled to exercise ‘the same rights in respect of …” „… . 7); cf. also (in respect of the continental shelf) ibid., Separate Opinion of Judge Jiménez de …” „… State when exercising its discretion in respect of the delineation of the EEZ. The Chairman of the …”

ANNEX VII ARBITRATION S. 2466-2492

„… a.html?pag_id=1526; PCA, The Atlanto-Scandian Herring Arbitration (The Kingdom of Denmark in respect of the …” „… =1526; The Atlanto-Scandian Herring Arbitration (The Kingdom of Denmark in respect of the Faroe Islands …” „… : http://www.pca-cpa.org/showpage.asp?pag_id=1526; Vicuna in PCA, The Atlanto-Scandian Herring Arbitration (The Kingdom of Denmark in respect …”

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

„… purpose of protecting the coasts of the intervening State. Art. 221 is silent with respect to States …” „… of Part XII are of particular importance. With respect to intervention, which often consists of …” „… customary law, including the defence of necessity.59 Article 222 Enforcement with respect to pollution from …”

. Right of transit passage S. 294-301

„… exclusive economic zone of similar convenience with respect to navigational and hydrographical …” „… clear that the right described in Art. 38 (2) differs from Art. 18 (2) in respect of activities deemed …” „… to impede transit passage somewhat overlaps with the duty of the coastal State not to hamper such …”

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

„… as to the application of the right in respect of warships, nuclear vessels and foreign non-commercial …” „… archipelagic States have imposed conditions on this in respect of non-commercial vessels. The US State …” „… ‘respect applicable sea lanes and traffic separation schemes’. This includes adherence to the provisions of …”

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

„… respect to this issue. The concept of free access to the sea rests at the juncture of two principles …” „… . Opinions have long been divided on whether there is a general duty on the part of States to grant LLS a …” „… the ‘privilege’ of transit upon its territory.3 On the other hand, those supporting this general duty …”

. Marine mammals S. 520-528

„… marine mammals’ 9The second function of Art. 65 is to establish a duty for States to ‘cooperate with a …” „… economic dislocation for a State other than the State of origin. With respect to such fishing beyond the …” „… requirements and the needs of the State of origin in respect of these stocks. (b) The State of origin shall …”

. Signature S. 1969-1980

„… to enter into treaties in respect of those matters; (d) all self-governing associated States which …” „… governed by this Convention, including the competence to enter into treaties in respect of those matters …” „… enter into treaties in respect of those matters; (f) international organizations, in accordance with …”

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

„… incurred in respect of the advice referred to in article 3, paragraph 1(b), of this Annex. The secretariat …” „… competent to receive and consider not only primary data with respect to the location of the outer limit in …” „… seven of these: France/UK/Ireland/Spain (2006) in respect of the Celtic Sea and Bay of Biscay …”

. Investigation of foreign vessels S. 1538-1545

„… their respective exercise may result in hindering the access to internal waters or the right of passage …” „… achieved between States’ powers of enforcement and the rule of non-impediment of the right of passage and …” „… the freedom of navigation established in international law. 14The use of force in operations at sea …”

. Right of hot pursuit S. 773-780

„… States’ sovereignty. This ‘basic approach’ is in preserved in Art. 111, in respect of the laws and …” „… the protection of none.40 The second holds some further jurisdictional nexus is required to justify …” „… arrest.41 Statelessness itself may arise in one of three ways: a vessel may lack any valid claim to …”

. Meaning of innocent passage S. 187-197

„… security of the coastal State. It is the failure to comply with enforcement measures in respect of local …” „… the territorial sea in respect of activities that are not clearly defined under the Art. 19 (2). For …” „… . However, this must be read in light of Art. 19 (1) and is further subject to the duty to act in good faith …”

. Utilization of the living resources S. 494-507

„… contribute to closer international scrutiny of State practice in this respect: the target provides that by …” „… identification of this duty may go some way to addressing deficiencies in enforcement by the 70 For further …” „… adopted action plans with the aim of reducing bycatch in relation to specific migratory species, including …”

Preamble S. 2-18

„… followed a different approach with respect to the scope of the Preamble for the Convention. Delegations …” „… report he noted with respect to the aim of the discussions: ‘It seemed clear that the preamble should be …” „… not regulate the effect of a violation of these conditions on the conflicting norms. With respect to …”

. Provisional measures S. 1867-1879

„… : 160.00mm 240.00mm International Tribunal for the Law of the Sea or, with respect to activities in the …” „… arbitration tribunal ‘out of respect’ for such tribunal.64 In other words, according to Judge WOLFRUM it is …” „… considers appropriate under the circumstances to preserve the respective rights of the parties to the …”

. Powers and functions S. 1133-1149

„… respect the system already established by UNCLOS, including the division of powers and functions between …” „… : 160.00mm 240.00mm with respect to the exploitation of the continental shelf beyond 200 NM ( Art. 82 …” „… between the Assembly and the Council must be examined in the scope of their respective powers and …”

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

„… Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011 …” „… Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion …” „… indiscriminately to contractors and the Enterprise, participants in joint ventures and prospectors (in respect of …”

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

„… 195 Duty not to transfer damage or hazards or transform one type of pollution into another In taking …” „… with this duty. 2In light of the danger of spreading pollution due to the dynamics of the oceans, Art …” „… pollution-related action lies within the scope of state’s authority or not. To formulate this duty in a positive way …”

. Catadromous species S. 537-541

„… catadromous species spend the greater part of their life cycle shall have responsibility for the management of …” „… these species and shall ensure the ingress and egress of migrating fish. 2. Harvesting of catadromous …” „… species shall be conducted only in waters landward of the outer limits of exclusive economic zones. When …”

. Functions of regional centres S. 1807-1808

„… Commentary, vol. IV (1991); M.C.W. Pinto, The Duty of Co-Operation and the United Nations Convention on the …” „… and Pacific Regional Environment Programme.30 Article 277 Functions of regional centres The functions …” „… of such regional centres shall include, inter alia: (a) training and educational programmes at all …”

. Signature, ratification of, accession to and authentic texts of amendments S. 2029-2031

„… 9.1.580; Page size: 160.00mm 240.00mm a majority of the members participating in the session. If the …” „… Council and the Assembly shall ensure that it does not prejudice the system of exploration for and …” „… exploitation of the resources of the Area, pending the Review Conference in accordance with Article 155’ 9 Art …”

. Promotion of marine scientific research S. 1615-1618

„… legitimate uses of the sea compatible with this Convention and shall be duly respected in the course of such …” „… qualification.67 3. ‘subject to the rights and duties of other States’ 24 Art. 238 clarifies that the right to …” „… in other parts of the Convention likewise contain references to limitations of States’ freedom to …”

. Right of geographically disadvantaged States S. 549-553

„… therefore be read in light of Art. 62 which sets out the duty of the coastal State to calculate the surplus …” „… single coastal State or a part of it; (d) the nutritional needs of the populations of the respective …” „… ; Page size: 160.00mm 240.00mm 14 Art. 69 (4) underlines the objective of Art. 69 as more of a means to …”

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

„… 9.1.580; Page size: 160.00mm 240.00mm PART XIV DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY Section 1 …” „… General provisions Article 266 Promotion of the development and transfer of marine technology 1. States …” „… capabilities to promote actively the development and transfer of marine science and marine technology on fair …”

doi.org/10.5771/9783845258874

Walter Schweidler - Human Rights and Natural Law

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Walter Schweidler (Hrsg.)

Human Rights and Natural Law

Reihe: West-östliche Denkwege

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Christian Erk What makes a Right a Human Right? The Philosophy of Human Rights S. 101-131

„… not entail the duty on the part of anyone to not interfere with A’s action with respect to φ. This …” „… by others (who in turn have the duty to take their hats off to, i.e. respect, the dignity of other …” „… towards them. What does and can the duty to observantia-respect the dignity of human beings comprise …”

Pedro Pallares Yabur Practical Reason, Ius, and objectivity on Human Rights S. 230-248

„… would be not only an expression of an autonomy, and the respective right-holder facing a duty …” „… another in a spirit of brotherhood.” It is built with three ‘building blocks’. A fact, a duty and a link …” „… the will of individual a reasonable ground to respect human rights? Can we discover the shared rights …”

Robert Spaemann Human Dignity and Human Nature S. 13-19

„… rationally and morally from reason and have the duty to do so. So it is recorded in article 6 of the German …” „… Constitution: “The care and nature of their children is the natural right of parents and their first duty …” „… ”. That the rights of parents is based on their ability to perform their duty as parents, it follows that …”

Heiner Roetz Human Rights in China: An Alien Element in a Non-Western Culture? S. 296-313

„… , generates the state’s “right to sovereignty” (duliquan), with the duty of non-intervention on the part of …” „… reciprocity between the ruler and the ruled and on the other hand to the respect for the dignity of a human …” „… die of hunger?” (Mengzi 1a:4)11 Although we can call Mengzi’s ethics primarily duty-oriented, there …”

Lorenza Violini, Maria Maddalena Giungi Human Dignity: An undefined area? In search of the concept’s many facets through the path of history and philosophy S. 157-194

„… nature of law”123. To this end he argues that our basic duty to respect and sustain human life is not …” „… of privacy and the duty of the State to not interfere with the free expression of man’s will. A …” „… can legally decide upon the life of those in the plane; whether there is a constitutional duty for …”

Marko Trajkovic Law in the World of Values S. 132-146

„… universal is the existence of duty and the very difference between good and bad. Really, where can we find …” „… or fake totalitarianism.33 Thus values have duty to subordinate the power of law to itself. The …” „… Law in the World of Values Marko Trajkovic Introduction How can legal norm and values influence …”

Raji C. Steineck Looking for sources of human rights in Japanese traditions S. 314-327

„… extend respect and welfare to all human beings, regardless of social divisions). I will, however, not …” „… protection of the law.” (UDHR, Art. 7) Our text's Article 10 calls for tolerance with respect to diverging …” „… , regardless of the origin, status, and moral record of the person in question. It is, in this respect …”

Harald Seubert The Universality of Human Dignity: Possibilities, Limits and Aporias of Justification S. 195-216

„… reach the level of human dignity. There is therefore duty in human dignity. Yielding to one’s own …” „… respect to the fixity of creation), what -------------------------------------------- 11 Aquinas …” „… aware of his own mortality. All reflection on the human with respect to itself has to come back to this …”

Marta Cartabia Europe and Rights: Taking Dialogue Seriously S. 76-100

„… astonishing, in many respects, was the Omega decision in 2004.15 Also in this case the Court of Justice had …” „… commitment on the part of the European Union towards the respect for human dignity. When one reads the …” „… and traditions of the European peoples? And how can a society be able to welcome and respect the …”

Florian Bruckmann Interpretation of the pre-ethical difference. On the problem of nature and violence in (the work of) Jacques Derrida S. 52-64

„… face would be fully respected (as that which is not of this world), there no longer would be war. In a …” „… Interpretation of the pre-ethical difference On the problem of nature and violence in (the work …” „… of) Jacques Derrida. Florian Bruckmann Ethics is the human characteristic. In hardly any other …”

Nathan Philips 'Renewal is the Universal Call': Trials of Reason in Edmund Husserl S. 36-51

„… possibilities. "There cannot be any doubt about what our duty is. It is a matter of personally searching for …” „… " for phenomenology: "Enough now of absurd theories. No conceivable theory can make us err with respect …” „… proper to a respective achievement is a "relatively perfect adumbration [Abschattung] of the idea of …”

Rocio Daga Portillo The Question of Shari´a and Human Rights S. 266-286

„… itself through the law. We find in the Koran and Sunna the principles and duty of safeguarding the right …” „… considered non-respectful ones in conservative circles. The status of a woman in general is given by the …” „… The Question of Shari´a and Human Rights Rocio Daga Portillo “The Universal Declaration of Human …”

Remi Brague On Natural Law in Islam S. 249-265

„… duty to deprive them of a good that they neither rightly possess nor exploit to the real advantage of …” „… wrote a book on the idea of divine law in Judaism, Christianity and Islam that was published in 2005. It …” „… contains some pages on the link between the ideas of law and nature in Islamic thought1. The present paper …”

doi.org/10.5771/9783896658074

zfwu Zeitschrift für Wirtschafts- und Unternehmensethik

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zfwu Zeitschrift für Wirtschafts- und Unternehmensethik

Alle Ausgaben: zfwu Zeitschrift für Wirtschafts- und Unternehmensethik

zfwu Jahrgang 13 (2012) Heft 1 ISSN Online: 1862-0043

Treffer in den folgenden Teilen:

Christian Erk Just Health (Care): Social Justice, Health and the Common Good S. 31-49

„… respective individual in respect of the whole or the importance the respective individual has for the …” „… justice? 3.1 The Scale of Justice: Justice as Equal Respect for the Rights of Others According to the …” „… understood as ‘right’ (as opposed to duty and in the sense of ‘that which is binding’) and not just as some …”

doi.org/10.5771/1439-880X-2012-1

Dagmar Coester-Waltjen, Volker Lipp, Donovan W.M. Waters - Liber Amicorum Makoto Arai

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Dagmar Coester-Waltjen (Hrsg.), Volker Lipp (Hrsg.), Donovan W.M. Waters (Hrsg.)

Liber Amicorum Makoto Arai

2015

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Chih-Cheng Wang Convergence or Divergence: A Comparative Study on Trustee’s Fiduciary Duties among Japan, Taiwan and the United States S. 681-704

„… respect to a transaction that might violate the duty of loyalty if engaged in by the trustee. Taiwan …” „… between settlor and trustee is the foundation of a trust. The trustee has an affirmative equitable duty to …” „… act solely in the interest of the beneficiaries. It can be said, it is the duty of a trustee to …”

Sieh-chuen Huang Adult Guardianship and Care in Taiwan: An Analysis on Decisions relating to Compensation for Guardian S. 375-392

„… by financial professionals. In order to allow the duty of guardianship or assistance to be performed …” „… affairs, the guardian is the agent of the ward with the essential duty to support the ward to carry out …” „… affair for a long time in Taiwan. The guardian of a vulnerable person was restricted to that person’s …”

Sung-Po An Overview of the Reception and Implementation of the Trust in Korea S. 661-680

„… Under this contractual approach,6 if a trustee breaches one of the duties (e.g., duty of care) he owes …” „… the Reception and Implementation of the Trust in Korea 667 Trustee Duty of the trustee Duty of care As …” „… accordance with the terms of trust. The first and foremost duty laid down in the KTA is the duty of care …”

Michael Ganner, Maria Isolina Dabove Developments in Austrian and Argentine Guardianship Law S. 318-340

„… of the duty to respect all living wills and advanced directives, such as enduring powers of attorney …” „… the hospital, his ability to perform the work, and the legal duty of respecting disabled people’s …” „… representative nor a substitute of the person’s will. His duty is to “accompany” the person’s decisions when …”

Denzil Lush The Evolution of the Statutory Will Jurisdiction S. 498-516

„… settled that in matters outside the ordinary course of management, it is the duty of the court so far as …” „… tried to set out earlier, the test of best interests does not exclude respect for what would have been …” „… Inheritance Tax, Capital Gains Tax or Income Tax which may be chargeable in respect of the subject-matter of …”

Cheolung Je Korean Guardianship under the Influence of the UN Convention on the Rights of Persons with Disabilities S. 393-410

„… . Finally, it especially introduces continuing effort to respect and improve human rights of persons with …” „… principles of the UN- CRPD, and those resisting a change towards respect for the human rights of persons with …” „… guardian had no duty to obtain the consent of the family council or to report on the transaction. This …”

David Brownbill Changing the Governing Law of a Trust S. 142-161

„… governing the trust in at least two respects, both of which are beyond the scope of this article. First, the …” „… as restated in Pitt v Holt [2013] 2 AC 108) the trustee has acted in breach of duty. 52 It being …” „… introducing a beneficiary or altering the size of their respective interests). e) Have the trustees, in …”

Donovan Waters The Trust in the International Scene S. 705-723

„… , and also to avoid not only actual conflict of interest and duty, but situations that were perceivable …” „… purpose of governing the generational transfer of businesses.”27 While respecting the policies of existing …” „… The Trust in the International Scene Donovan Waters In this essay the significance of two issues …”

doi.org/10.5771/9783845262017

Stefan Brüne, Hans-Georg Ehrhart, Heinz-Gerhard Justenhoven - Frankreich, Deutschland und die EU in Mali

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Stefan Brüne (Hrsg.), Hans-Georg Ehrhart (Hrsg.), Heinz-Gerhard Justenhoven (Hrsg.)

Frankreich, Deutschland und die EU in Mali

Reihe: Studien zur Friedensethik

Band 52 2015

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Gerard F. Powers The Ethics of Intervention S. 159-178

„… collective- or self-defense, or when authorized by the UN Security Council. Respect for the norms of …” „… respect for the human dignity (and corresponding human rights) and common good of the Malian people and …” „… a full-scale civil war, the French had a duty not to intervene, even at the request of the Mali …”

doi.org/10.5771/9783845259604

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