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Nadja Reimold - Continuity in Times of Change

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Nadja Reimold

Continuity in Times of Change

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 328 2024

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Chapter IV: State Practice on Acquired Rights S. 247-462

„… Chapter IV: State Practice on Acquired Rights“There is, after all, nothing so remote from reality …” „… Timor as “historically remote”instances of secession.Chapter IV: State Practice on Acquired Rights248 …” „… infra, Chapter IV) B) IV) e).Chapter IV: State Practice on Acquired Rights250French, in some …”

Chapter V: The Doctrine of Acquired Rights in Cases of State Succession. Status, Content, Value, Limits and Potential S. 463-544

„… Emanating from the Exerciseof RightsBeyond that presumption, even if a successor state explicitly rejects …” „… Chapter V: The Doctrine of Acquired Rights in Cases of StateSuccession. Status, Content, Value …” „… human rights has been conceptualized as an obligation erga omnesin which all states have an interest. In …”

Chapter I: The Notion of Acquired Rights S. 31-82

„… sentimental and political value.”1A) The Diffuse State of the Law on the Issue of Acquired RightsThe question …” „… state suc‐cession and, with it, the theory of acquired rights.“Decolonization was a moment of …” „… Succession inRespect of Matters Other than Treaties: Economic and Financial Acquired Rights andState …”

Chapter III: The Continued Relevance of the Doctrine of Acquired Rights S. 115-246

„… Acquired RightsEven if essentially being constructed as an inter-state rule, the classic doc‐trine of …” „… state of residence protected the rightsand wealth of the foreigner’s home state.443‘Human Rights (2007 …” „… Law125beneficiaries of rights of states and the concept of human rights, i.e. rightsdirectly endowed …”

Titelei/Inhaltsverzeichnis S. 1-30

„… I: The Notion of Acquired Rights 31The Diffuse State of the Law on the Issue of Acquired RightsA) 31 …” „… RightsD) 238Table of Contents12Chapter IV: State Practice on Acquired Rights 247Preliminary RemarksA) 247 …” „… in Times of ChangeAcquired Rights and State SuccessionReimold, Nadja631 pp.Includes bibliographic …”

Bibliography S. 545-614

„… RightsAgreements v. Secretary of State for the Home Department (The European Commis‐sion and The3Million Limited …” „… .Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation of FurSeals (US v. UK …” „… Obligations in Matters of Human Rights of a State that has Denouncedthe American Convention on Human Rights …”

Chapter II: State Succession S. 83-114

„… second theory views a state as identical to the former entity if it carriesthe same rights and …” „… describe the taking over of all rights andobligations of the predecessor by the successor state, see e.g …” „… The Creation of States (n 308) 670 “The rights are better referred to theentity than the entity to the …”

doi.org/10.5771/9783748943396

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Lawrence J. Haas

Sound the Trumpet

2012

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Introduction S. 1-20

„… been central to U.S. human rights promo-tion for decades. That’s because the United States has been the …” „… rights promotion,” however, let’s be clearabout what we mean. The United States advances human rights …” „… the democratic fever.Second, the United States practices “human rights promotion,” an affir-mative …”

3 The Perfect Storm: From Nixon to Ford S. 75-102

„… organizations (NGOs)burst forth to monitor human rights around the world and pressure the UnitedStates to shape …” „… State Department’s release of a report to Congress on the hu-man rights records of U.S. foreign aid …” „… States largely silent on human rights issues for years by then,he could not even build support for the …”

4 Cold War Victory and Beyond: From Carter to Clinton S. 103-128

„… staffer to focus on human rights; and required that each State De-partment bureau have a full-time human …” „… state for human rights andsecurity assistance later wrote,[T]he Carter Administration exhibited a …” „… . Tens of millions of once-enslaved people werenow free and, by promoting human rights, the United States …”

1 America the Essential S. 21-46

„… nation. The UnitedStates has promoted human rights for two main reasons—idealism and self-interest …” „… United States promotes human rights in a hostof ways. Presidents use their “bully pulpit” and other means …” „… rights pro-2122 Chapter 1motion can ruffle the feathers of autocrats, history shows that the UnitedStates …”

2 Laying the Groundwork: From Truman to LBJ S. 47-74

„… Vietnam—the United States could do little as the SovietUnion suppressed any talk of greater human rights.Three …” „… , its State Department soughtto rebuff the negative international publicity that America’s civil rights …” „… promote human rights all proved enormously important as theUnited States sought to advance the spread of …”

5 Terror and Its Aftermath: From Bush to Obama S. 129-156

„… promotion within theUnited States. There, public support for human rights promotion fell signifi-cantly from …” „… promote democracy orprotect human rights.”45And so it went.When, in 2009, Obama and Secretary of State …” „… , Obama ordered the United States to join the laugh-ably misnamed Human Rights Council—dominated by some …”

Bibliography S. 165-170

„… .Cmiel, Kenneth. “The Emergence of Human Rights Politics in the United States.” Journal ofAmerican …” „… , Lincoln. “From Ideology to Program to Policy: Tracking the Carter Human RightsPolicy.” Journal of Policy …” „… ,www.hoover.org/publications/hoover-digest/article/7398.Apodaca, Clair. Understanding U.S. Human Rights Policy. New York: Routledge, 2006.Ayittey …”

Index S. 171-182

„… , 10410, 38; Obama’s approach to, 161; Brownell, Herbert, 65rights-abusing regimes and, 41 Brown v. Board …” „… ; humanSoviet-style communism in, 63 rights element in, 76; human rightsEast Germany, 60–61 promotion in, 12, 16, 125 …” „… interests of, 81; power of words of, 33, Roosevelt, Franklin (FDR), 7, 79; death of,58; rights-abusing …”

Epilogue S. 157-164

„… region.”The United States supports a set of universal rights. And these rights includefree speech, the freedom …” „… EpilogueOf Challenges and OpportunitiesU.S. human rights promotion is a story of dramatic success …” „… during the Arab Spring ofrecent years. Through these efforts and others, the United States has pro-moted …”

Preface

„… Sound the TrumpetSound the TrumpetThe United States and HumanRights PromotionLawrence J. HaasROWMAN …” „… Cataloging-in-Publication DataHaas, Lawrence J.Sound the trumpet : the United States and human rights promotion / Lawrence J …” „… , United KingdomCopyright © 2012 by Lawrence J. HaasAll rights reserved. No part of this book may be …”

doi.org/10.5771/9781442216600

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

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

„… States 1. Land-locked States shall have the right to participate, on an equitable basis, in the …” „… land-locked States of the same subregion or region equal or preferential rights for the exploitation of the …” „… , Land-Locked States and the UNCLOS Regime (1983); Surya P. Subedi, The Marine Fishery Rights of Land-locked …”

. Right of geographically disadvantaged States S. 549-553

„… without its agreement. Article 70 Right of geographically disadvantaged States 1. Geographically …” „… disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an …” „… State should have ‘particular regard’ to the rights of geographically disadvantaged States when …”

. 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 …” „… , shall be maintained with the State concerned, with a view to avoiding infringement of such rights and …”

. 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 …”

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

„… of States to exploit their natural resources States have the sovereign right to exploit their natural …” „… Southern Bluefin Tuna Cases (note 9). Sovereign right of States to exploit their natural resources Art. 193 …” „… harmonized: States have a sovereign right over their natural resources but must not cause damage to 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 …” „… certain rights over resources’ beyond the territorial sea, States and international organizations …” „… , 214 (Art. 7). Rights of neighbouring land-locked and geographically disadvantaged States 2–4 Art. 254 …”

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

„… ; Page size: 160.00mm 240.00mm Article 58 Rights and duties of other States in the exclusive economic …” „… duties under this Convention in the exclusive economic zone, States shall have due regard to the rights …” „… due regard to the rights and duties of the coastal State …”

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

„… cases, this assessment will necessarily involve at least some consultation with the rights-holding State …” „… 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 …”

. 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 …” „… interference with navigation and other rights and freedoms of other States as provided for in this Convention …”

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

„… Bangladesh had there argued that the 1974 ‘Agreed Minutes’ created rights and obligations for each State and …” „… rights may include sovereignty, but may equally include more limited rights,such as fishing …” „… rights[…];whereas by contrast, the term “historic title” is used specifically to refer to historic sovereignty to …”

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

„… from the sea and freedom of transit 1. Land-locked States shall have the right of access to and from …” „… . Transit States, in the exercise of their full sovereignty over their territory, shall have the right to …” „… Right of Access for Land-Locked States: The Evolution of Principles and Law, Ga. J. Int’l & Comp. L. 12 …”

. 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 …”

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

„… Article 238 Right to conduct marine scientific research All States, irrespective of their geographical …” „… subject to the rights and duties of other States as provided for in this Convention. Bibliography: Lucius …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3. ‘subject to the rights and duties of other States …”

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

„… rights States Parties shall fulfil in good faith the obligations assumed under this Convention and shall …” „… represents an ‘enormous compendium of the most diverging rights and duties granted to States with …” „… Convention is evident. In particular, the large number of discretionary rights afforded to States in the …”

. Right of innocent passage S. 177-182

„… applicable to all ships Article 17 Right of innocent passage Subject to this Convention, ships of all States …” „… 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 …”

. Exclusion of application of the most-favoured-nation clause S. 912-917

„… Concerning Rights of Nationals of the United States of America in Morocco (France v. United States of America …” „… favourable, to all other States party to the treaty. 2 Art. 126, by identifying certain types of rights under …” „… enjoying MFN status under other treaties with the transit States concerned. The right of access to the sea …”

. 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 …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. ‘rights and freedoms of other States …”

. 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 …”

. 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 …” „… States have the exclusive right to conduct and regulate marine scientific research in their territorial …”

. 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 …”

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

„… exercising that right also has to pay due regard to further interests of other States and their …” „… 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 …”

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

„… prejudice to the archipelagic State’s right under Art. 50 to delimit its internal waters in accordance with …” „… 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 …”

. Right of innocent passage S. 390-394

„… ; Page size: 160.00mm 240.00mm such rights, although some archipelagic States have subjected such …” „… 53 and without prejudice to article 50, ships of all States enjoy the right of innocent passage …” „… . Second, it is without prejudice to the right of the archipelagic State to draw closing lines to delimit …”

. Right of hot pursuit S. 773-780

„… unauthorised high seas broadcasting, Art. 110 only provides a right of visit to those States having …” „… seas law-enforcement action by such States. 17 Reference to a right of visit over a vessel which …” „… jurisdiction of that flag State and may be visited under national law. Article 111 Right of hot pursuit 1. The …”

. 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 …”

. 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 …” „… Preliminary Conference of Land-Locked States). Part X. Right of access of land-locked StatesArt. 131 1–3 930 …” „… : ‘1. Vessels flying the flag of a land-locked State shall have the right to use maritime ports. 2 …”

. Protection of legitimate interests S. 1775-1779

„… : 160.00mm 240.00mm Documents: GA, Charter of Economic Rights and Duties of States, GA Res. 3281 (XXIX …” „… ’, a copy of Art. 13 (2) of the UN General Assembly’s Charter of Economic Rights and Duties of States …” „… . A/CONF. 62/WP.8/PART III (1975), OR IV, 171. 10 GA, Charter of Economic Rights and Duties of States, GA …”

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

„… 1. Nothing in this Part shall prejudice the right of States, pursuant to international law, both …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. ‘Nothing in this Part shall prejudice the right of States […] to take and enforce measures …” „… been linked to the right of self-protection or self-help1 and is also referred to as the coastal States …”

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

„… Article 116 Right to fish on the high seas All States have the right for their nationals to engage in …” „… United Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. ‘All States have the right for their nationals to engage in fishing …”

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

„… ); Award between the United States and the United Kingdom, Relating to the Rights of Jurisdiction of United …” „… the right of innocent passage, which establishes certain navigational rights for other States within …” „… United Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the …”

. 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 …”

. 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 …” „… optimum utilization and the allocation of fishing rights in the EEZ to other States. 7Whilst there is a …” „… Filleting within the Gulf of Lawrence, the arbitral tribunal held that ‘the right for a State to determine …”

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

„… the Rights of Landlocked and Geographically Disadvantaged States in the Living Resources of the …” „… own obligation to take account of the rights of other States, including the coastal State, and of the …” „… rights of access for land-locked and geographically disadvantaged States should ‘avoid effects which …”

Index S. 2554-2619

„… intervene 149 10 – rights of identifiable owners 303 21 – sunken State ships and aircraft 303 44 …” „… – existing rights of neighbouring States 51 1 et seq., 6 et seq. – immediately adjacent neighbouring States …” „… – rights, jurisdiction and duties of coastal States in the EEZ 56 21 – safety of navigation 60 20 et seq …”

. Promotion of marine scientific research S. 1615-1618

„… qualification.67 3. ‘subject to the rights and duties of other States’ 24 Art. 238 clarifies that the right to …” „… conduct MSR is not absolute but is subject to other States’ rights and duties. Possible restrictions on …” „… articles, e. g. by assigning exclusive rights to coastal States for research in the territorial sea ( Art …”

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

„… for all States ( Art. 87 (1) (e); Art. 116), which prevents claims of exclusive rights. Moreover, the …” „… the same effect as Art. 241 for areas over which States exercise jurisdictional rights. Since third …” „… States have no territorial or exclusive exploitation rights concerning coastal States’ internal waters …”

. 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 …” „… exploitation of resources’,6 mirroring the present right contained in Art. 81. At UNCLOS III, the United States …”

. Archaeological and historical objects S. 1053-1059

„… ’ and gave to ‘the State of the country of origin’ a sort of right of pre-emption over them: ‘1 …” „… . The State of the country of origin shall have the right to acquire the treasure from the International …” „… Authority against payment. In case the State of the country of origin opts not to exercise its right to …”

. 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 …”

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

„… other States by ensuring that any interference with these rights and freedoms must be justifiable.30 4 …” „… . ‘navigation and other rights and freedoms of other States as provided for in this Convention’ 13 The rights …” „… continental shelf is subject to the consent of the coastal State. 4. Nothing in this Part affects the right of …”

. 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 …” „… as to the nature of the territorial sea, the right of the State to exercise jurisdiction, as well as …”

. 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 …” „… States are under a duty to ensure that factors within their knowledge and control do not negate the right …”

. 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 …”

. Delimitation of internal waters S. 380-383

„… archipelagic waters): for example, through retention of the archipelagic State’s residual rights to control …” „… such passage ( Art. 53 (1)), and impliedly also to control the other ‘foreign-State-granted rights’ of …” „… reference to aspects of existing third State rights not affecting their sovereignty.17 5. State Practice and …”

. 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 …”

. 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 …”

. 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 …” „… UNCLOS. Hence they include, for such States, guaranteed rights of passage ( Art. 52), overflight, and …”

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

„… to the rights of LLGDS provided for in Arts. 69 and 70 and ‘not to other States benefiting under the …” „… general-surplus rule found in Article 62’.6 Yet, it does not follow that the rights of other States to fish for …” „… prohibit other States from transferring their rights if it so wishes. 4. ‘does not preclude the States …”

. 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 …” „… established in accordance with international law, and the sovereign rights and the jurisdiction which States …” „… law, and the exercise by ships and aircraft of all States of navigational rights and freedoms as …”

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

„… 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 …”

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

„… . However, particular regard shall be paid to the preferential rights of the State or country of origin, or …” „… objects out of the coastal State.’6 Greece was also in favour of granting to the coastal State the right …” „… territorial sea is measured, while respecting the rights of identifiable owners. The State or country of …”

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

„… ), 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 …” „… 18:04:16 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 90 Right of navigation Every State, whether …”

. 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 …”

. Meaning of passage S. 182-187

„… not deal expressly with violations of the right of innocent passage. In principle, coastal States …” „… which violate the rights of foreign vessels may incur international responsibility to the flag State …” „… This is implicit in the right of coastal State under Art. 25 (1).46 The position of warships which …”

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

„… Limits of the Continental Shelf across the Arctic Basin: The Russian Submission, States’ Rights, Boundary …” „… expressly deals with the rights and duties of States bordering enclosed or semi-enclosed seas1. It is the …” „… particular seas’4. 2The jurisdiction, rights and duties of coastal States and other maritime States are not …”

. 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 …” „… State and other States should be resolved in situations where the Convention attributes rights or …”

. 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 …”

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

„… with the rights of other States, endeavour, as far as practicable, directly or through the competent …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. ‘consistent with the rights of other States’ and ‘as far as practicable …” „… since monitoring needs to be conducted in a manner ‘consistent with the rights of other States’. In this …”

. Internal waters S. 85-97

„… provisions of international law limiting the rights of the State – particularly as regards ports and …” „… States thus have the right to regulate and enforce within their internal waters as on their land …” „… references to other authors in favor of and against a right of entry as well as elaboration on State practice …”

. 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 …” „… regard to fishing, the protection of the marine environment and the rights and duties of other States …” „… exercise of the rights of the coastal State in the zone …”

. Denunciation S. 2034-2038

„… affect any right, obligation or legal situation of that State created through the execution of this …” „… only affect rights and obligations of the denouncing State (and of other parties in relation to it …” „… recognise the right of State parties to withdraw from a treaty they had, at some point, decided to accept as …”

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

„… foreign vessels In exercising their rights and performing their duties under this Part, States shall not …” „… 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 …”

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

„… Pacific State Practice, in: Donald R. Rothwell/Sam Bateman (eds.), Navigational Rights and Freedoms in the …” „… include a further provision stating the right of the coastal State to demand information on the …” „… rights granted by one State to another given State may be fully justified by the special relationship …”

. 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 …” „… international law that ‘every State has the right to sail ships flying its flag on the high seas.’3 The right …”

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

„… the enjoyment by other States Parties of their rights or the performance of their obligations under …” „… agreements do not affect the enjoyment by other States Parties of their rights or the performance of their …” „… protect the marine environment, and the rights and obligations of member States not party to the other …”

. Scope of this section S. 288-294

„… navigational rights for foreign ships and of security concerns of the coastal States. Where straits link waters …” „… a legal right of passage. That right may well be granted by the port State to other States in …” „… right. 13 As the preponderant trend of State practice shows, potential use, per se, is not sufficient to …”

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

„… international law […] no State has the right to use or permit the use of its territory in such a manner as to …” „… members of the crew, amongst others, without prejudice of the owner’s right of recourse against third …” „… parties.10 11 States themselves are liable for the non-fulfilment of their obligations regarding the …”

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

„… 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 …” „… provisions of Part XI. Art. 256, which provides rights for ‘all States’, is lex generalis to the provisions …”

. 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 …”

. 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 …”

. Contiguous zone S. 255-273

„… were asked to answer inter alia the following questions: ‘Does the state claim to exercise rights …” „… foreign state to exercise such rights outside the territorial waters subject to the sovereignty of the …” „… which ‘[b]eyond the zone of sovereignty, states may exercise administrative rights on the ground either …”

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

„… contained in Art. 12518 by strengthening the right with the opportunity for transit States and LLS to make …” „… neighbouring transit States, Part X. Right of access of land-locked StatesArt. 128 7–11 922 Uprety/Maggio …” „… ; Page size: 160.00mm 240.00mm of the transit State, i. e. by other States. As these means of transport …”

. 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 …”

. 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 …” „… declaration negating the other party’s right to invoke the compulsory procedures of Part XV, since ‘State …” „… disputes regarding the coastal State’s rights in its EEZ in relation to MSR and fisheries, automatically …”

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

„… imply the right to enter a State, but only to cross its territory,5 and suggested further that although …” „… confrich#page/n9/ mode/2up. 5 Ibid. Part X. Right of access of land-locked StatesArt. 127 1–2 916 Uprety/Maggio …” „… the Transit Agreement Part X. Right of access of land-locked StatesArt. 127 6–9 918 Uprety/Maggio …”

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

„… that when the means of transport in a transit State are ‘insufficient to give effect to the right of …” „… on transit States, rather than granting LLS, depending on agreement, the ‘right’ to construct, extend …” „… ., 20. Part X. Right of access of land-locked StatesArt. 129 6–9 926 Uprety/Maggio Reemers Publishing …”

. Grant of greater transit facilities S. 934-937

„… Convention’ 4 Art. 132 does not create any rights or obligations for States party to the Convention but …” „… State could regulate entry to its ports ‘by virtue of its sovereignty’29, though ‘there is both treaty …” „… law and case law in support of the general principle that a state does not have an unlimited power to …”

. Innocent passage S. 328-335

„… and overflight rights is balanced by the fact that neither party is a coastal State on the Straits of …” „… Arab States.10 But the situation did not forestall the emergence of a customary right for all ships to …” „… customary right, with the coastal State in sole control in determining which of its ports are opened to …”

. Exercise of powers of enforcement S. 1532-1535

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

. 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 …”

. 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 …”

. 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

„… Determination of Questions between the Two Governments concerning the Jurisdictional Rights of the United States …” „… to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation of Fur Seals …” „… recognises the rights, interests and duties of both fishing and non-fishing States in the living resources of …”

. Research and survey activities S. 306-308

„… , uncontrolled flight by State aircraft is probably permissible under Art. 39 (3).34 Article 40 Research and …” „… of the States bordering straits. Bibliography: Robin R. Churchill/Alan V. Lowe, The Law of the Sea (3 …” „… rd edn. 1999); Erik Franckx, American and Chinese Views on Navigational Rights of Warships, Chinese …”

. Breadth of the territorial sea S. 35-42

„… of the territorial sea Every State has the right to establish the breadth of its territorial sea up …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘Every State has the right to establish the breadth of its territorial sea …” „… principles: First, it is the right of the State ‘to establish the breadth of its territorial sea’. The State …”

. 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 …” „… exercise of freedom of navigation under Art. 87 (1)(a) while having ‘due regard’ to other States’ right to …” „… ), States enjoy only ‘sovereign rights’ under Art. 56 (1)(a). Claims of sovereignty per se are excluded by …”

. 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 …” „… States in exercise of the right.18 10 The Strait of Bonifacio is an interesting case in this regard.19 …”

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 …” „… .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 437 Article 58. Rights and duties of other States in the exclusive economic zone …”

. Ice-covered areas S. 1567-1586

„… Ice-covered areas Article 234 Ice-covered areas Coastal States have the right to adopt and enforce …” „… States exercising sovereign rights and jurisdiction, and the freedom of navigation is secured by means of …” „… preserve rare or fragile ecosystems.’ 3The rights and jurisdiction of a coastal State to establish and …”

. 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 …” „… : http://www.un.org/depts/los/convention_agreements/convention_declarations.htm. Other States have expressly confirmed the right of innocent passage without prior notification …”

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

„… organizations’ 5Art. 257 confirms the right of ‘all States’ to conduct MSR in the water column beyond national …” „… article provides the right not only to coastal States, but also to landlocked States ( Art. 124 (1)(a …” „… the exclusive economic zone All States, irrespective of their geographical location, and competent …”

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

„… States.3 3. Prior Consent or Notification 5Art. 23 explicitly acknowledges the right of innocent passage …” „… general right to require this exists. Notably, both the United States and Germany sought to arrange …” „… . The final decision to implement a traffic scheme remains with individual coastal States. 13Apart from …”

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 …”

. 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 …” „… States’ have a right to lay submarine cables/pipelines (see Art. 87 (1)(c)). ‘All States’ should be read …”

. 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 …”

. 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 …” „… exercise of the right of transit passage. The clause’s reference to ‘States bordering straits’ may not be …” „… expressly stipulates that ‘the exercise by ships and aircraft of all States of navigational rights and …”

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

„… non-discriminatory aspect and the usage rights of all States suggests that the article as such is rather focused on …” „… 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 …”

. Scope of this Part S. 277-285

„… . 36 (1) VCLT provides that ‘[A] right arises for a third State from a provision of a treaty if the …” „… parties to the treaty intend the provision to accord that right either to the third State, or to a group …” „… seas of States bordering straits as exclusive economic zones or high seas; or (c) the legal regime in …”

. 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 …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Purpose and Function 1Art. 106 places a condition of exercise on a State’s rights of …” „… flag state.11 Indeed, it might also be considered an abrogation of flag State responsibility to strip …”

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

„… State has the exclusive right under Art. 81 to authorize and regulate drilling on the continental shelf …” „… ‘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 …”

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

„… rights granted by one State to another given State may be fully justified by the special relationship …” „… rights cannot be invoked by other States as a ground for claiming similar treatment.’14 9At UNCLOS I, the …” „… by the coastal State could be prejudicial to the exercise of the right of innocent passage.’16 10This …”

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

„… 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 …” „… that was drafted together with provisions on coastal States’ right to require information laid out that …”

. 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 …” „… delayed13 or imposing of unattainable compliance standards were imposed.14 10In the event that a State …”

. 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 …” „… the event of undue delay, ships8 and flag States9 have the right to compensation. 2. physical …”

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

„… States with respect to the rights of visit ( Art. 110 (1)) and of hot pursuit ( Art. 111 (1)–(2)), and …” „… in the context of the right of innocent passage and transit passage, whereby coastal States may adopt …” „… (2)). In this situation, a State may be responsible for impairing the right of passage ( Art. 24 (1 …”

. 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 …” „… Unlike Art. 218, which sets forth the right of the port State to undertake investigations and institute …” „… history of Art. 219 is marked by proposals oscillating between the States’ right and the States …”

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

„… being overflown, which would otherwise be the case, considering the right of ‘any State’ to do so under …” „… . Ships and aircraft, while exercising the right of transit passage, shall: (a) proceed without delay …” „… , territorial integrity or political independence of States bordering the strait, or in any other manner in …”

. Suspension of the exercise of voting rights S. 1249-1250

„… members Article 184 Suspension of the exercise of voting rights A State Party which is in arrears in the …” „… ; Page size: 160.00mm 240.00mm Subsection H Suspension of the exercise of rights and privileges of …” „… Nations budgetary scale. 2 Art. 184 lays down the penalty to be imposed on a State Party in case it …”

. Exhaustion of local remedies S. 1901-1905

„… tanker flying the applicant’s flag violated the applicant’s own rights as a flag State under the …” „… indirect violations of the States’ rights, i. e., violations of the rights of its nationals, over which it …” „… ; Page size: 160.00mm 240.00mm Article 295 Exhaustion of local remedies Any dispute between States …”

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

„… against a State fishing on the high seas in a way alleged to be infringing its rights either on the high …” „… abuse of rights States Parties shall fulfil in good faith the obligations assumed under this Convention …” „… in keeping with the right of the disputants under Art. 280 to agree at any time to peaceful methods …”

. Catadromous species S. 537-541

„… Conference contained a single proposal in which ‘preferential rights’ were granted to the State in whose …” „… 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 …”

. 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

„… provisions of this article are without prejudice to the right of the flag State to take any measures …” „… 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 …”

. Protection of human life S. 1029-1036

„… the exercise of any other right.1 According to their human rights obligations, States must not only …” „… obligations of States.5 An even more specific question is whether international human rights can apply to …” „… Rights. 4 There is a tendency to hold a State bound to human rights obligations when it exercises …”

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

„… III (1973–1982).13 Hence, although the demands of land-locked States used to be a special right of …” „… respect the rights of other States or to consider other legitimate activities or interests.37 The meaning …” „… developing States specific preferential rights in the exploitation of the Area. Instead, Art. 148 supports …”

. The Review Conference S. 1093-1098

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

. 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 …”

. 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 …”

. 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 …”

. 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

„… rights of archipelagic sea lanes passage, and States who favoured the assimilation of such passage to the …” „… closely based upon the right of coastal States to regulate innocent passage and the duties of ships to …” „… or impairing the right of sea lanes passage as per Art. 42 (2). Finally, the archipelagic State must …”

. Nationality of Ships S. 693-701

„… between the State and the ship. 2. Every State shall issue to ships to which it has granted the right to …” „… conditioning a State’s right to confer its nationality upon a vessel. First, every State must ‘fix the …” „… territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are …”

. 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 …” „… the States bordering the straits of their sovereignty or jurisdiction over such waters and their air …”

. Pollution from vessels S. 1420-1444

„… question neither the flag State’s primary responsibility nor the navigational rights granted in the …” „… internal waters and the corresponding obligations of the flag State and confirms the right of innocent …” „… hand, by referring to Art. 25 (2), it preserves the right of the coastal State, with respect to ‘ships …”

. 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 …” „… exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or …” „… Generation of Solidarity Rights: Progressive Development or Obfuscation of International Human Rights Law …”

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

„… carried out by other States in the exercise of their rights and in pursuance of their duties in conformity …” „… interferences’ are not allowed.47 The rights of coastal States to control pollution caused by vessels on transit …” „… not spread beyond the areas where they exercise sovereign rights’ 19The responsibility of States not …”

. Suspension of exercise of rights and privileges of membership S. 1250-1251

„… upon a member State, which may include payments under Art. 82 (as an alternative to contributions in …” „… kind). 6Unlike Art. 185, Art. 184. provides for the automatic suspension of the right to vote, unless …” „… underline regarding this norm. Article 185 Suspension of exercise of rights and privileges of membership 1 …”

. Use of terms S. 335-353

„… 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 …” „… Justice (ICJ) implied that States who want to enjoy the right to draw archipelagic baselines have to first …”

. Anadromous stocks S. 528-537

„… 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 …” „… general provisions of Art. 62. 4Art. 66 also restricts the rights of other States to fish for anadromous …”

. 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 …”

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

„… have the effect of unduly restricting the rights of navigating States in the EEZ), instead simply …” „… 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 …”

. 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 …”

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

. Measures to facilitate proceedings S. 1528-1532

„… certain procedural rights. The enforcing State is obliged to facilitate the hearing of witnesses and the …” „… and coastal States may lawfully interfere with the right of innocent passage or the freedom of …” „… proceedings In proceedings instituted pursuant to this Part, States shall take measures to facilitate the …”

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

„… possibility to affect the rights of third States that are not parties to a dispute, though third States could …” „… Convention with regard to the exercise by a coastal State of its sovereign rights or jurisdiction provided …” „… ; (b) when it is alleged that a State in exercising the aforementioned freedoms, rights or uses has …”

. 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 …”

. 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 …”

. 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 …”

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

„… sponsoring State shall be given notice thereof and shall have the right to participate …” „… represented a more affirmative assessment of the position of States Parties in such cases, with the ‘right to …” „… State shall be given notice thereof and shall have the right to participate’ 5The purpose of the …”

. General obligation S. 1278-1288

„… obligation to consult with and give regard to the rights of other States,13 and substantive agreements then …” „… sovereign rights of States to exploit their natural resources (Art. 193) are as general provisions …” „… interpretation of the right of all States of innocent passage and possible laws and regulations concerning the …”

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

„… 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 …” „… notify the flag State. However, the State of nationality of a crew member does not possess the right to …”

. Basic objectives S. 1779-1784

„… ’ rights by underlining the related duties of the recipients. Article 268 Basic objectives States, directly …” „… 9.1.580; Page size: 160.00mm 240.00mm The terms ‘rights’ and ‘duties’ encompass particularly those …” „… criticized for being unable to ensure an adequate protection of intellectual property rights.21 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 …”

. 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 …”

. Definition S. 882-887

„… Russian Submission, States’ Rights, Boundary Delimitation and Arctic Regional Cooperation, IJMCL 24 (2009 …” „… : The Russian Submission, States’ Rights, Boundary Delimitation and Arctic Regional Cooperation, IJMCL …” „… or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or …”

. Powers and functions S. 1133-1149

„… rights and privileges of membership in the Authority if a State Party ‘has grossly and persistently …” „… either multiple or continuing violations. In order to trigger the Assembly’s right, the conduct of States …” „… (2) aims to safeguard the rights of individual member States and minorities in the Assembly,150 it …”

. Freedom of the high seas S. 679-683

„… of navigation and rights of fishing (‘inclusive’ interests).17 States may also have a range of …” „… of the freedom of the high seas and … that landlocked States enjoy the same rights in the high seas …” „… freedom of the high seas under Art 58 (2) or fell within the regulatory authority of the coastal State …”

. Entry into force of amendments S. 2031-2034

„… not affect the enjoyment by other States Parties of their rights or the performance of their …” „… […]’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. ‘Such amendments shall not affect the enjoyment by other States Parties of their rights or the …” „… . 306 and 307 is somewhat more problematic with regard to States and entities referred to in Art. 305 (1 …”

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

„… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Purpose and Function 1Art. 106 places a condition of exercise on a State’s rights of …” „… pirated property. O’CONNELL suggests this is not reflective of historic State practice and national …” „… legislation.27 In any event, the ‘second sentence of article 105 implies that the courts of the State which …”

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

„… in having a fully realisable right of access to and from the sea with the concerns of transit States …” „… strengthens the right of access contained in Art. 125, whilst at the same time neither exposing transit States …” „… delays or other difficulties of a technical nature in traffic in transit 1. Transit States shall take all …”

. Preliminary proceedings S. 1897-1901

„… to the exercise of the sovereign rights of coastal States in the EEZ, and was placed under the …” „… applicable to a dispute submitted to the ICJ. Art. 38 (1) of the ICJ Statute states: ‘The Court, whose …” „… recognized by the contesting states; b. international custom, as evidence of a general practice accepted as …”

. 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 …” „… rights and jurisdiction in its EEZ, the IOC Member State whose EEZ the float enters formally requires the …” „… continental shelf,44 the right under Art. 257 may be regarded as restricted by Art. 246 (6).45 Section 4 …”

. Duty to render assistance S. 726-731

„… 9.1.580; Page size: 160.00mm 240.00mm Article 98 Duty to render assistance 1. Every State shall require …” „… call. 2. Every coastal State shall promote the establishment, operation and maintenance of an adequate …” „… so require, by way of mutual regional arrangements cooperate with neighbouring States for this …”

. Peaceful uses of the seas S. 1944-1948

„… , Japan further submitted that the acts of the applicant States amounted to an abuse of rights because the …” „… Disclosure of information Without prejudice to the right of a State Party to resort to the procedures for the …” „… applicant States ‘attempt[ed] to aggravate the dispute […] and […] create a spurious claim under UNCLOS.’44 …”

. 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 …” „… the rights and duties of other States’ when ‘exercising its rights and performing its duties under the …” „… for the implementation of relevant international human rights obligations of coastal States, namely …”

. 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 …” „… activity as permitted by the flag State. The requirement of a registry check, however, may create delay and …” „… ,22 and some authorise limited powers of boarding and inspection on the part of a requesting State …”

. 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 …” „… such matters would not offend against the balance of rights and duties in the territorial sea. ROTHWELL …”

. 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 …”

. Transfer of technology S. 1003-1008

„… States were seen as undermining intellectual property rights and not giving enough protection for …” „… activities in the Area; and (b) to promote and encourage the transfer to developing States of such technology …” „… and scientific knowledge so that all States Parties benefit therefrom. 2. To this end the Authority …”

. Safety zones S. 1741-1745

„… State or States can exercise this right. In the case of installations in the exclusive economic zone …” „… 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 …”

. 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 …”

. 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 …”

. Provisional measures S. 1867-1879

„… 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 …” „… court or tribunal shall forthwith give notice to the parties to the dispute, and to such other States …”

. Scope of this Part S. 944-947

„… a submission made by one State cannot prejudice the rights that would by granted to another State by …” „… the distinction between seabed, waters and air. It provides that ‘the rights of the coastal State over …” „… validity of agreements relating to delimitation between States with opposite or adjacent coasts. Documents …”

. 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 …” „… reaches the area where the rights of third States may be affected.74 The ITLOS’s approach was echoed by …” „… resources of the continental shelf is plausibly among the rights of the coastal State over its continental …”

Preamble S. 2-18

„… 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 …” „… Charter, but the similarity ends when it comes to other agreements. Rights and obligations of States …”

. Responsibility and liability S. 1750-1758

„… Convention seeks to strike an appropriate balance between the right of ‘[a]ll States, irrespective of their …” „… the one hand ( Art. 238), and the right of coastal States to ‘regulate’ and ‘authorize’ MSR in their …” „… 9.1.580; Page size: 160.00mm 240.00mm there are no indications in the Convention, it is up to the State …”

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

„… ‘peaceful uses of the seas’, specifies that States parties when exercising their rights and duties shall …” „… used in Art. 78 (2), which states that ‘[t]he exercise of the rights of the coastal State over the …” „… rights and freedoms of other States as provided for in this Convention.’22 The principle of equity, to …”

. Establishment of the Authority S. 1098-1108

„… , require consensus in Council.21 The mining States’ option to veto an amendment is thereby ensured, as …” „… Conference pursuant to this article shall not affect rights acquired under existing contracts.’ 6In line with …” „… accordance with this Part. 2. All States Parties are ipso facto members of the Authority. 3. Observers at the …”

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

„… light of Art. 193, confirming a State’s sovereign right to exploit its natural resources pursuant to its …” „… ‘States shall have the right to enforce laws and regulations […]’5, the Revised Single Negotiating Text …” „… sovereign rights accorded to the coastal or archipelagic State in the Convention, though this right may also …”

. Submarines and other underwater vehicles S. 197-200

„… right of innocent passage. The majority of States refuted this suggestion.4 5At the 1973 Sea-Bed …” „… 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 …”

. Regime of islands S. 859-882

„… States sovereignty, sovereign rights and jurisdiction over millions of square kilometres of ocean space …” „… without a permanent settled population’ should be disregarded when determining the coastal States’ right …” „… to exercise sovereign rights over the resources adjacent to their coasts.7 Several States immediately …”

. 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 …”

. 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 …”

. Enforcement by port States S. 1488-1497

„… , however, accord the port State a right to institute proceedings against foreign vessels on its own.3 In …” „… 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 …”

. Status of ships S. 701-705

„… equality and independence, no one State, or any of its subjects, has a right to assume or exercise …” „… argues that freedom of navigation on the high seas is a right of States and can only be enjoyed by …” „… one State only and, save in exceptional cases expressly provided for in international treaties or in …”

. Bays S. 106-120

„… enclosed within such a bay is that of internal waters in which other States have no right of innocent …” „… internal waters coastal States have total sovereignty ( Art. 2 (1)), including the right, as seen, to …” „… because of this – and its effect on other States’ rights – that the quantum of proof needed relating to …”

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

„… 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 …” „… either direct compensation to the ship in all cases, or to the flag State in all cases. The former is the …”

. 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 …”

. 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 …” „… opposed to States bordering the open ocean. Yuna Huang, Rights of Land-locked and Geographically …”

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

„… : Tullio Treves/Laura Pineschi (eds.), The Law of the Sea: The European Union and its Member States (1997 …” „… of the Navy, The Commander’s Handbook on the Law of Naval Operations (2007); US Department of State …” „… Conference. Its inclusion in the UNCLOS reflects the understanding among the negotiating States with regard …”

. Composition, procedure and voting S. 1123-1133

„… , 1990 (1991), 213–235 Cases: ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States …” „… Committee which remained largely unchallenged during negotiations and was in that unaltered state included …” „… United States in 1975 which sought to divide the Assembly in five categories and foresaw a simple …”

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

„… is more complex since it does not explicitly state a right of immunity, but rather relies upon the …” „… . 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 …”

. Reservations and exceptions S. 1993-2002

„… international navigation, including the right of transit passage; (ii) archipelagic States’ waters, including …” „… Agreement, Annex, Section 3, para. 16, which states that‘[t]he provisions of Article 161, paragraph 1, of …” „… ‘unilateral statement(s), however phrased or named, made by a State, when signing, ratifying, accepting …”

. Exemption from taxes and customs duties S. 1247-1249

„… provision reflects the general rule of public international law system that every State has the right to …” „… Article 184 Suspension of the exercise of voting rights A State Party which is in arrears in the payment …” „… immunities and privileges in relation to UNCLOS Art. 182. 4. ‘except to the extent that the State which they …”

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

„… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 I. Purpose and Function 1 The right of States bordering straits to establish traffic separation …” „… denying, hampering or impairing the right of transit passage as defined in this section. 3. States …” „… right of transit passage shall comply with such laws and regulations. 5. The flag State of a ship or the …”

. Promotion of international cooperation S. 1631-1637

„… for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States under …” „… far into the sea and the exclusive rights enjoyed by the coastal States have further confirmed the …” „… right to engage in MSR to obtain this information.34 This provision does not require States to operate …”

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

„… , is that of the State in which he or she ordinarily exercises civil and political rights.4 Art. 3 (1 …” „… in accordance with article 318’ UNCLOS; on the practical arrangements made by States Parties to …” „… Federal Republic of Germany.21 The legal relationship between the Tribunal and Germany as the host State …”

. 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 …” „… the use of force regulates the conduct of state officials and, in the event of a potentially unlawful …” „… Charter on the right to self defence is applicable, a fact that ‘may require adaptation to the new …”

. 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 …” „… for economic or other consequential loss under the tort law of the regulating state.16 Article 115 …” „… Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline Every State shall adopt the …”

. Use of terms S. 2513-2518

„… Agreements: Division of Powers Within the EEC and the Rights of Third States (1985); Claus-Dieter Ehlermann …” „… : Division of Powers Within the EEC and the Rights of Third States (1985), 75 and 125, where examples can be …” „… intergovernmental organization constituted by States to which its member States have transferred competence over …”

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

„… 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 …” „… Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation …”

. Limitation on jurisdiction with regard to decisions of the Authority S. 1267-1272

„… implementation of this part of the convention, and second, those dealing with the rights and duties of States …” „… State shall be given notice thereof and shall have the right to participate in the proceedings by …” „… sponsoring State shall be given notice thereof and shall have the right to participate …”

. Responsibility and liability S. 1586-1592

„… exhausted or if there is no available remedy then the State of the victim may exercise the right of …” „… Political Rights (ICCPR). Art. 2 (3) ICCPR provides, in part, that ‘Each State Party to the prevent Covenant …” „… binding Polar Code will limit the regulatory powers of the coastal States159 or it will have no such …”

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

„… recognized States’ ‘right to enforce laws and regulations adopted in accordance with the provisions of [the …” „… Juridical Experts submitted a reformulated text that conveyed an obligation rather than a right: ‘States …” „… measures taken against a vessel exercising its right of innocent passage in the coastal State’s territorial …”

. Marine mammals S. 520-528

„… restricts the right of a coastal State or the competence of an international organization, as appropriate …” „… : Award between the United States and the United Kingdom, Relating to the Rights of Jurisdiction of United …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. ‘Nothing […] restricts the right of a coastal State […] to prohibit, limit or regulate the …”

. 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 …”

. Legal status S. 1739-1741

„… 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 …” „… the legal status of research installations and equipment, such as jurisdiction or property rights over …”

. Enforcement by flag States S. 1475-1488

„… Assertions of a Right to Non-Flag State Enforcement in the High Seas Fisheries and Disarmament Contexts …” „… accompany States’ right to allow vessels to sail under their flag. Some of this Convention’s objectives and …” „… : Emerging Assertions of a Right to Non-Flag State Enforcement in the High Seas Fisheries and Disarmament …”

. 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 …” „… 9.1.580; Page size: 160.00mm 240.00mm 5. The position of State officials placed on private vessels to …” „… Aden in which some flag States deploy military personnel aboard private vessels sailing under their …”

. 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 …”

. Organs of the Authority S. 1116-1123

„… the Legal and Technical Commission on the right of the States Parties to nominate candidates ( Art …” „… work of the Authority ( Art. 182) and the rights of certain organs of the Authority and of the States …” „… ; Page size: 160.00mm 240.00mm rights in the Assembly ( Art. 159 (1), (6)), the right of the Assembly …”

. Privileges and immunities S. 1233-1237

„… between a State Party and the ISA; (ii) disputes between parties to a contract, which may be States …” „… Parties, the ISA or the Enterprise, State enterprises and natural or juridical persons; (iii) disputes of …” „… liability between the ISA and a State Party, a State enterprise or a natural or juridical person.18 Article …”

. 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 …” „… States’ rights, respectively. See also both Reg. 3 (4)(d)(i) and Reg. (4)(d)(b.)(ii) ISA, Regulations on …” „… establishment of a monitoring system, emergency orders and the coastal States’ rights, reproduced in: Myron H …”

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

„… is more complex since it does not explicitly state a right of immunity, but rather relies upon the …” „… ; Page size: 160.00mm 240.00mm Article 31 Responsibility of the flag State for damage caused by a …” „… warship or other government ship operated for non-commercial purposes The flag State shall bear …”

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

„… are possible if all States, which possess sovereign rights regarding a certain item or territory …” „… ; Page size: 160.00mm 240.00mm law not only hinders the claim of rights to the deep seabed,51 but also …” „… includes a duty of nonrecognition. A separate question is that of mining rights under customary …”

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

„… States Parties of their rights or the performance of their obligations under this Convention. 2. An …” „… ) are maintained and the rights acquired under existing contracts are not affected. Article 315 …” „… this Convention shall be open for signature by States Parties for 12 months from the date of adoption …”

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

„… violation of the rights of the flag State in respect of ships flying its flag.11 2. ‘measures are unlawful …” „… 9.1.580; Page size: 160.00mm 240.00mm Article 232 Liability of States arising from enforcement measures …” „… States shall be liable for damage or loss attributable to them arising from measures taken pursuant to …”

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

„… 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 …” „… Continental Shelf, the coastal state has the exclusive right to construct artificial islands and installations …”

. 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 …”

. System of exploration and exploitation S. 1081-1090

„… economic assistance to developing States that are as ‘land-based producer States’ seriously adversely …” „… arrangements with the Enterprise and developing States, of the transfer of technology thereto and of the …” „… States Parties, or state enterprises or natural or juridical persons which possess the nationality of …”

. Retention or loss of the nationality of a pirate ship or aircraft S. 748-750

„… nationality is determined by the law of the State from which such nationality was derived. Bibliography …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. ‘the law of the State from which such nationality was derived …” „… nationality of a given State is a question for the national law of that flag State. 4 Myron H. Nordquist/Satya …”

. Institution of proceedings S. 2492-2499

„… arbitral tribunal as an option for States to settle disputes engaging fisheries, marine environmental …” „… underpinning the possibility of special arbitration under Annex VIII is that the exercise of sovereign rights …” „… and jurisdiction over marine resources by the coastal State may provoke disputes concerning access and …”

. Interim measures S. 1762-1765

„… III, Georgia JICL 14 (1984), 121–153 Documents: GA, Charter of Economic Rights and Duties of States …” „… accordance with Part XV, sections 2 and 3, the State or competent international organization authorized to …” „… without the express consent of the coastal State concerned. Bibliography: Myron H. Nordquist/Shabtai …”

. 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 …” „… State in accordance with this Convention. 3. The drawing of straight baselines must not depart to any …”

. Settlement of disputes by any peaceful means chosen by the parties S. 1818-1821

„… by the parties Nothing in this Part impairs the right of any States Parties to agree at any time to …” „… that Art. 279 did not create an obligation for States to settle their dispute either specifically …” „… adjacent States of Guyana and Suriname, an Annex VII arbitral tribunal upheld Guyana’s claim that the …”

. Highly migratory species S. 514-520

„… States from exercising their sole right to determine the conditions under which fishing may take place …” „… 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 …”

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

„… confirmed by Art. 313 (2), this means that each State Party, which is opposed to the proposed amendment, is …” „… that a State Party, which supports the amendment but does not wish it to be adopted without the …” „… considered rejected, but the objecting State would have the option of initiating the Art. 312-procedure. 7In …”

. The Enterprise S. 1211-1217

„… Council meetings, without the right to vote, ‘upon the invitation of the Council, on questions affecting …” „… Convention. Bibliography: Ram. P. Anand, Legal Regime of Sea-Bed and the Developing States (1976); Edward D …” „… Admission of a State to the United Nations, Advisory Opinion of 3 March 1950, ICJ Reports (1950), 4; ICJ …”

ANNEX IV STATUTE OF THE ENTERPRISE S. 2276-2312

„… information. However, ‘[i]t is clear that the State concerned enjoys no right to the information. There is no …” „… . The States Parties to the 1994 Implementation Agreement adopted an evolutionary approach to the …” „… (1) states in Part XI, i. e. that the Enterprise is an organ of the Authority and that it has two …”

. Application of procedures under this section S. 1845-1850

„… to the Convention, States acquire the right unilaterally to set in motion a judicial or arbitral …” „… , 1982–2000: A Preliminary Assessment of State Practice (2003), 79–96; Tullio Treves, What Have the United …” „… States Position, EurAmerica 36 (2006), 395–425 Cases: ITLOS, The M/V ‘Louisa’ Case (Saint Vincent and the …”

. 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 …” „… Commentary, vol. II (1993); J. Ashley Roach/Robert W. Smith, United States Responses to Excessive Maritime …”

. Signature S. 2518-2523

„… the organization will need to take on the rights and duties provided for States under UNCLOS in …” „… State as the latter ‘would not be obliged to recognize the rights of an organization which are derived …” „… possessed by its Member States.7 Expressing concern over the rights claimed by Member States of the …”

. Creation of favourable conditions S. 1637-1640

„… information collected through this research, complements Art. 238 which gives the right to States and …” „… the reference to other ‘rights and duties’ under the Convention (e. g. Arts. 61 (5); 119 (2); 198; 200 …” „… conditions States and competent international organizations shall cooperate, through the conclusion of …”

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

„… 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 …” „… implemented and complied with. The wording ‘shall enforce’ makes it clear that States do not only have a right …”

. Signature S. 1969-1980

„… 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 …” „… to enter into treaties in respect of those matters; (d) all self-governing associated States which …”

. Jurisdiction S. 1858-1864

„… jurisdiction if the State against which the application is made consents to the jurisdiction of the …” „… with Art. 287 (4), Italy states in its declaration under art. 287 that it has chosen “the same …” „… procedure” as any other State Party that has chosen the International Tribunal for the Law of the Sea or the …”

. Definition of piracy S. 738-745

„… 9.1.580; Page size: 160.00mm 240.00mm III. Elements 1. ‘All States shall cooperate’ 8State practice …” „… indicates that States may seek to suppress piracy by means other than capturing and prosecuting them, such …” „… expressly require that States have an adequate national criminal law addressing piracy; many States have …”

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

„… (bilateral and multilateral) are indicated, but Art. 243 does not contain any other indications. States and …” „… requirements of Arts. 23922 and 242 (1) to consider that States and international organisations may fulfil …” „… organisations, in particular when the latter provide specific rights and duties.23 7Even though no general …”

. Mouths of rivers S. 97-106

„… describes the legal regime of the territorial sea such that ‘[t]he coastal state has all practical rights …” „… ; Page size: 160.00mm 240.00mm with the consent of the port State, it enjoys sovereign immunity (see …” „… Art. 32).91 The port State may impose special regulations regarding privately owned pleasure or racing …”

. Sovereign immunity S. 1592-1597

„… to the rights and duties of States under the UNCLOS to protect the marine environment.3 The general …” „… agents and heads of state and governments, are set out in Part II, Section 3. These include the right of …” „… apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used …”

. Legal status S. 1229-1233

„… principles, and give a true and fair view of the state of the Authority’s affairs as at 31 December 1999 and …” „… community different from its constituent States and other legal persons; and (ii) it endows ISA with legal …” „… personality either explicitly or implicitly, withholding the consequent rights and duties.4 Nevertheless, this …”

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 …”

. Privileges and immunities of certain persons connected with the Authority S. 1245-1247

„… international law system that every State has the right to waive its immunities as well as the immunities of its …” „… the Authority Representatives of States Parties attending meetings of the Assembly, the Council or …” „… in the territory of each State Party: (a) immunity from legal process with respect to acts performed …”

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

„… 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 …” „… damage to ships or installations of another State or to the marine environment.’ The term ‘marine …”

. Production policies S. 1067-1075

„… producers and fair to consumers. All States Parties shall cooperate to this end. (b) The Authority shall …” „… have the right to participate in any commodity conference dealing with those commodities and in which …” „… the right to become a party to any arrangement or agreement resulting from such conferences …”

. Benefit of mankind S. 977-983

„… 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 …” „… ; Page size: 160.00mm 240.00mm instructive in this matter: Both the sponsoring State’s and the …”

. 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 …” „… ); Award between the United States and the United Kingdom, Relating to the Rights of Jurisdiction of United …”

. 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 …” „… projects, but almost always in conjunction with the national flag of the ‘host State’ providing the vessel …” „… noted: ‘International organizations are not States and would not be in a position to exercise …”

. Applicability of Part XVII S. 2551-2554

„… instrument of ratification or accession of each of the member States which are States Parties, for the …” „… may not denounce this Convention in accordance with article 317 if any of its member States is a State …” „… international organization shall denounce this Convention when none of its member States is a State Party or if …”

. Ports S. 120-129

„… the right of innocent passage’. The ILC further considered that coastal State rights were sufficiently …” „… Treves (ed.), The Law of the Sea: The EU and Its Member States (1997), 37–96; Myron H. Nordquist/Satya N …” „… ); Michael W. Reed, The Development of International Maritime Boundary Principles through United States …”

. Obligation to exchange views S. 1831-1839

„… 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 …” „… State of the existence of a dispute and delimit its scope and subject-matter, and to encourage both …”

. General criteria and guidelines S. 1694-1697

„… while similar rights and obligations apply to States and international organizations in conducting MSR …” „… 9.1.580; Page size: 160.00mm 240.00mm that receive the research requests.12 When the coastal State …” „… designates an appropriate official channel to be used for applications, researching States must use this …”

. Responsibility and liability for damage S. 1962-1969

„… ) rights and duties of States, the Convention scantly elaborates on the ‘general conditions’12 under which …” „… recognised that the flag State is entitled to vindicate rights of crew members irrespective of their …” „… North-West Passage; the 2001 agreement between France and the United States on the French wreck of LA BELLE …”

. Ships flying the flag of the United Nations, its specialized agencies and the International Atomic Energy Agency S. 705-708

„… argues that freedom of navigation on the high seas is a right of States and can only be enjoyed by …” „… vessels having nationality of a State, thus ‘stateless ship-users cannot appeal to the freedom of the seas …” „… ’.36 On this approach, in the absence of nationality there is no exclusive jurisdiction and ‘no state …”

. Applicable law S. 1894-1897

„… ; ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring Persons and …” „… whether coherent jurisprudence and legal implementation are achievable. Already at UNCLOS III, some States …” „… the applicants to unilaterally choose one or more courts out of four available.3 Since many States …”

. Application of this section to disputes submitted pursuant to Part XI S. 1842-1845

„… is thus a relatively low-risk option for States in dispute, in that they maintain considerably more …” „… two or more States Parties have done so without this coming to light. 3. ‘proceedings may be …” „… State Party is a party to such a dispute, this section applies mutatis mutandis. Bibliography: A.O …”

. 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 …”

. Procedure where no settlement has been reached by the parties S. 1821-1826

„… the States Parties which are parties to a dispute concerning the interpretation or application of this …” „… Convention: Did the Southern Bluefin Tuna Tribunal Get It Right?, ODIL 34 (2003), 59–82; Natalie Klein …” „… Bluefin Tuna Arbitral Tribunal Did Get It Right: A Commentary and Reply to the Article by David A. Colson …”

ANNEX I HIGHLY MIGRATORY SPECIES S. 2050-2068

„… ; Jean-Jacques Maguire/Michael Sissenwine/Jorge Csirke/Richard Grainger/Serge Garcia, The State of World Highly …” „… 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 …”

. Ratification and formal confirmation S. 1980-1984

„… right of States and international organisations to agree on the need for consent to be expressed by …” „… organization constituted by States to which its member States have transferred competence over matters governed …” „… UNCLOS. 35e) Evaluation. By allowing non-State entities to sign UNCLOS, Art. 305 has certainly ‘opened …”

. 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 …”

. Settlement of disputes S. 1758-1762

„… differences of opinion among coastal States and researching States. Therefore, it stipulates that potential …” „… mentioned at the 1973 session of the Sea-Bed Committee (SBC). The United States submitted a set of draft …” „… III (1974), a group of 17 landlocked and geographically disadvantaged States submitted a series of …”

. 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 …” „… 9.1.580; Page size: 160.00mm 240.00mm 2. ‘effective measures’ 7States are required both to ‘take …”

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

„… archipelagic States with sovereign rights and jurisdictional powers concerning the seabed of their internal …” „… 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 …”

. Declarations, notifications and communications S. 2533-2541

„… 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 …” „… 9.1.580; Page size: 160.00mm 240.00mm 4. Supremacy of obligations under UNCLOS toward third States …”

. International character of the Secretariat S. 1199-1206

„… State Party undertakes to respect the exclusively international character of the responsibilities of the …” „… obligations of a staff member of the Authority set forth in paragraph 2 shall, on the request of a State Party …” „… affected by such violation, or a natural or juridical person, sponsored by a State Party as provided in …”

ANNEX V CONCILIATION S. 2312-2335

„… conciliators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party …” „… nominated shall constitute the list. If at any time the conciliators nominated by a State Party in the list …” „… so constituted shall be fewer than four, that State Party shall be entitled to make further …”

. 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 …” „… Roach/Robert W. Smith, United States Responses to Excessive Maritime Claims (2nd edn. 1996); Tullio Scovazzi …” „… , 72; Turkey/Bulgaria Agreement of 1997 (note 135); and Treaty on the State Border between the Republic …”

. 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 …” „… Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation …” „… consideration of the rights and interest of all States fishing on the high seas is required. In this way …”

. Low-tide elevations S. 132-148

„… their own right.116 Article 14 Combination of methods for determining baselines The coastal State may …” „… regimes.24 5. State Practice and International Jurisprudence 9There is very little State practice, and no …” „… State.’26 10One of the few announced instances since 1985 of a detached roadstead was that of Australia …”

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

„… repository of marine technologies for the States of the region covering both patented and non-patented …” „… ’. . . . . . . . . . . . . . . . 8 I. Purpose and Function 1 Art. 278, which mirrors the obligations provided for States under Art …” „… . 270 and provided for States in relation to international organisations under Art. 273, complements the …”

. Reefs S. 61-66

„… Articles on the Delimitation of Coastal State Jurisdiction in Ocean Space and on the Rights and Obligations …” „… be updated fairly infrequently85, with little criticism from other States.86 This may be an …” „… indication that States are willing to accept a less frequent updating of charts and associated basepoints as …”

. Consultation and cooperation with international and non-governmental organizations S. 1206-1211

„… views of such organizations in appropriate cases. 3. The Secretary-General may distribute to States …” „… States and competent international organisations.3 Examples are the obligations to cooperate in …” „… marine environment (Art. 197); to immediately notify states and competence international organisations in …”

ANNEX VII ARBITRATION S. 2466-2492

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

. Depositary S. 2040-2045

„… all States Parties, the Authority and competent international organizations on issues of a general …” „… denunciations of this Convention; (c) notify States Parties of agreements in accordance with Article 311 …” „… , paragraph 4; (d) circulate amendments adopted in accordance with this Convention to States Parties for …”

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

„… 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 …” „… disadvantaged States is also mentioned in the context of marine technology transfer also in Arts. 266, 269 and …”

. 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 …” „… protection standards which States are obligated to respect when establishing national instruments. With …” „… element ‘from time to time as necessary’ implies that States have wide discretion in respect of this issue …”

. Experts S. 1864-1867

„… without the right to vote. Bibliography: David Anderson, Scientific Evidence in Cases under Part XV of the …” „… sit with the court or tribunal without the right to vote …” „… with the court or tribunal without the right to vote’ 11The experts’ function is to sit with the court …”

. Use of terms S. 937-944

„… , 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 …” „… of States were in favour of applying the new regime of common heritage of mankind only to the mineral …”

. Entry into force S. 1986-1993

„… affect rights and obligations binding on a State or entity independently of the Convention – i. e. under …” „… 9.1.580; Page size: 160.00mm 240.00mm to participate in the Convention.7 However, States or entities …” „… UNCLOS by way of accession under Art. 307. Only 19 out of 168 States and entities became parties to the …”

. 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 …” „… ; Page size: 160.00mm 240.00mm that of an objective regime.26 Such regimes are possible if all States …” „… , which possess sovereign rights regarding a certain item or territory, establish a special status for …”

. Amendment by simplified procedure S. 2024-2026

„… 9.1.580; Page size: 160.00mm 240.00mm Article 313 Amendment by simplified procedure 1. A State Party may …” „… Secretary-General shall circulate the communication to all States Parties. 2. If, within a period of 12 months from …” „… the date of the circulation of the communication, a State Party objects to the proposed amendment or …”

. 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 …” „… effectively with the Authority for this purpose’.47 Last but not least, States Parties are obliged ‘to promote …” „… regime of technology transfer can meet the expectations of the State Parties to serve the benefit of …”

. Accession S. 1984-1986

„… reflects the right of States and international organizations to choose accession as one of the means under …” „… other States and entities are established, but Art. 308 (1) rules that the Convention ‘shall enter into …” „… ’. Furthermore, Art. 308 (2) clarifies that ‘[f]or each State ratifying or acceding to this Convention after the …”

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

„… ; Page size: 160.00mm 240.00mm 7. State Practice and International Jurisprudence 32Several States have …” „… explicitly used LTEs as part of their baseline if within the territorial sea distance.108 Several States also …” „… Some States also have indicated a specific tidal datum, such as ‘mean low-water spring tide’ in their …”

. The staff of the Authority S. 1192-1199

„… of the Authority. Art. 167 (1) states that the Authority is to consist of such qualified scientific …” „… use a system of ‘desirable ranges’, as used by the United Nations, whereby each member State receives …” „… proposals submitted by States to the Sea-Bed Committee included wording taken from Art. 101 of the Charter …”

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

„… Protection of Submarine Telegraph Cables 1884.6 The 1884 Cable Convention provided State parties a right of …” „… Every State shall adopt the laws and regulations necessary to provide that the breaking or injury by a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Flag State Jurisdiction and Regulatory Efforts …”

. Access S. 1879-1882

„… . All the dispute settlement procedures specified in this part shall be open to States Parties. 2. The …” „… dispute settlement procedures specified in this Part shall be open to entities other than States Parties …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. ‘shall be open to States …”

. Objectives of the Authority S. 1798-1802

„… 9.1.580; Page size: 160.00mm 240.00mm States and the Soviet bloc5 and the Informal Single Negotiating …” „… Text thus included a provision setting forth an obligation of all States to co-operate with the …” „… Implementation Agreement 3Originally, States’ obligations and the Authority’s activities concerning the transfer …”

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

„… State shall have the right to bring the question of the detention of the vessel before the Tribunal in …” „… provides that the Tribunal shall be open to entities other than States parties ‘in any case submitted …” „… . Where the authorities of a State Party have detained a vessel flying the flag of another State Party and …”

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

„… damage done to networks of ‘tsunametres’.28 In response to these acts, States, through the General …” „… . This obligation is set against the right to deploy and use scientific research installations and …” „… exploitation of resources. 6 In the case of deployment in the coastal zones of a State, the obligation …”

. Advisory opinions S. 1275-1278

„… Reports (1975), 12; ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …” „… ), 565, 569. 2 ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …” „… contemplated in that paragraph. Further, Art. 185, which deals with the suspension of the rights and privileges …”

. 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 …” „… ; Page size: 160.00mm 240.00mm 9. ‘Where there is an agreement in force between the States concerned …” „… : Where there is an agreement in force between the States, the delimitation of the continental shelf is to …”

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

„… . 15Inter-State disputes regarding military activities conducted by ‘government vessels and aircraft …” „… administrative authorities either of the flag State or of the State of which such person is a national. 2. In …” „… disciplinary matters, the State which has issued a master’s certificate or a certificate of competence or …”

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

„… by any peaceful means chosen by the parties Nothing in this Part impairs the right of any States …” „… Obligation to settle disputes by peaceful means States Parties shall settle any dispute between them …” „… choice.’ This applies irrespective of whether a given State Party to the Convention is a member of the …”

. Powers and functions S. 1158-1170

„… State or States making the application or sponsoring the applicant; (ii) if the Commission recommends …” „… article 82, taking into particular consideration the interests and needs of the developing States and …” „… ; (t) make recommendations to the Assembly concerning suspension of the exercise of the rights and …”

. 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 …”

. Lists of experts S. 2499-2503

„… arbitration process, States have nonetheless expressed little enthusiasm for this mode of dispute resolution …” „… function. 3. Every State Party shall be entitled to nominate two experts in each field whose competence in …” „… each field shall constitute the appropriate list. 4. If at any time the experts nominated by a State …”

. Immunity of ships used only on government non-commercial service S. 717-722

„… the act in question: whether a State is exercising powers or rights any other legal person could (acts …” „… from the enforcement jurisdiction of foreign States while on the high seas. One may even suggest that …” „… to threaten or use force against a sovereign instrumentality of a foreign State’,8 contrary to the …”

. Fact finding S. 2509-2513

„… Agreements: Division of Powers Within the EEC and the Rights of Third States (1985); Claus-Dieter Ehlermann …” „… to be invoked. This may be attributable to two key problems. First, few States have endorsed the …” „… endorsement of the merits of Annex VIII on a global basis and States have exhibited limited enthusiasm for …”

. 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 …”

. Obligations under general, regional or bilateral agreements S. 1826-1831

„… If the States Parties which are parties to a dispute concerning the interpretation or application of …” „… Background 3 The origins of Art. 282 lie in a 1973 proposal of the United States in the Sea-Bed Committee …” „… texts in the 1974 working paper put forward by nine States at the Second Session of the Third United …”

. Organs of the Council S. 1170-1175

„… 15 members, elected by the Council from among the candidates nominated by the States Parties. However …” „… competence of that Commission. States Parties shall nominate candidates of the highest standards of …” „… . No State Party may nominate more than one candidate for the same Commission. No person shall be …”

. Normal baseline S. 46-61

„… recommended the low-water line ‘as giving the state the right to measure the breadth of its territorial sea …” „… clear indication that the State has no original claim on the territorial sea, but that its claim is …” „… In situations of adjacent or opposite coastlines, Art. 15 applies.18 States may, for example, agree …”

. 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 …” „… liability of a State Party relating to damage caused by its failure to carry out its responsibilities under …” „… between States Parties concerning the interpretation or application of this Part and the Annexes relating …”

. 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 …”

. Composition, procedure and voting S. 1149-1158

„… the Assembly have the same rights in the Council. This may be non-member States, international …” „… following order: (a) four members from among those States Parties which, during the last five years for …” „… the categories of minerals to be derived from the Area, and in any case one State from the Eastern …”

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

„… transformation from a liquid in a solid state and/or any physical or chemical change that does not eliminate or …” „… a type of pollution. 17In this article, State responsibility is created in a negative way; concrete …” „… introduction of alien or new species 1. States shall take all measures necessary to prevent, reduce and control …”

doi.org/10.5771/9783845258874

Julia Iliopoulos-Strangas, Stanislaw Biernat, Michael Potacs - Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

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Julia Iliopoulos-Strangas (ed.), Stanislaw Biernat (ed.), Michael Potacs (ed.)

Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

Series: Societas Iuris Publici Europaei (SIPE)

Volume 9 2014

Results in this title

Lech Garlicki New Tendencies on State Responsibility in the Case Law of the European Court of Human Rights S. 243-266

„… New Tendencies on State Responsibility in the Case Law of theEuropean Court of Human RightsLech …” „… State is, within its jurisdiction, responsible for any violation ofany of the Convention rights.The …” „… , there may be a socialor economic component of personal and political rights.Thirdly, it is the State …”

Monika Kawczy?ska Concurrent Liability of the European Union and the Member States S. 73-92

„… State”, EuropeanLaw Review, 1992, p. 203; Angela WARD, Judicial Review and the Rights of Private …” „… Rights and Fundamental Freedoms (Convention), therefore only the Member States, either collectively or …” „… co-respondent mechanism in proceedings before the European Court of Human Rights.I.* Ph.D. candidate at the …”

Antonio Lazari State Liability in Comparative and European Union Law S. 123-144

„… Factortame ruling of 1996:“The German Government further states that a general right to compensation for …” „… State Liability in Comparative and European Union LawAntonio Lazari*ProemIn the following chapter …” „… , I will present a concise comparative analysis of threemunicipal models of State liability and their …”

Marten Breuer Die Funktion der Staatshaftung nach Unionsrecht und EMRK im Vergleich S. 203-228

„… .), Tort Law in the Jurisprudence of the European Court of Human Rights,Göttingen, 2011, Rdnr. 13/37 …” „… the European Court of Human Rights,Göttingen, 2011, Rdnr. 5/3.58 Vgl. Jörg POLAKIEWICZ, Die …” „… einer begrifflichen Präzisierung. Denn dem, was im Unionsrecht als „Staatshaftung“ (state liability …”

Nina Pó?torak State Liability in EU Law – Have the Member States Learnt anything in 20 Years after “Francovich”? S. 181-194

„… Member States, butgives that right the status of a fundamental right of the Union and confirms it as …” „… .8 Right to compensation from the State is also part of the ECHR as right to just satisfaction forthe …” „… subjective right for individuals toclaim the damages against the State irrespective of the national …”

Verantwortung des Verfassungsstaates und der Europäischen Union: Formen und Rechtsgrundlagen/Responsibility of the Constitutional State and the European Union: Forms and Legal Foundations/La responsabilité de l'État constitutionnel et de l'Union européenne : Formes et fondements juridiques S. 97-114

„… Case-Law of the European Court of Human Rights)et par Robert Rebhahn (Finanzkrise und Staatshaftung), mais …” „… Constitutional State and the European Union in Changing Times – Responsabilités et Contrôle de l'État …” „… Staatshaftung – State liablity (in international law) –, qui sont entre autresle fondement du régime de la …”

Titelei/Inhaltsverzeichnis S. 1-20

„… Constitutional State and the European Union in Changing Times Responsabilités et Contrôle de l' État …” „… Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing …” „… , Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités …”

Luc F.M. Verhey Accountability: Different Concepts and Practical Implications S. 115-122

„… states of the European Union as well in the EuropeanUnion itself governors are hold accountable for their …” „… asylum seeker, committed suicide in aDutch prison, the State Secretary of Justice had a hard time in …” „… colleagues from eleven Member States.3 I will say something about the concept as such, about the two basic …”

Nikiforos Diamandouros The Ombudsman's Role in Ensuring the Accountability of EU Institutions S. 267-276

„… promote the creation of an economic community among the six founding states. It certainly did not envisage …” „… functioning. Putotherwise, the original formula accorded few direct rights to individuals to whom,it is worth …” „… recognised as bearers of rights in acelebrated 1963 case, whose Golden Jubilee was celebrated this very year …”

Ji?í Zemánek Reinforced Responsibility and Accountability in a Democracy-Based EMU-Governance S. 167-170

„… role of states in economic governance.Another political scientist, Czech philosopher Václav B?lohradský …” „… decision-making is locked in the national state, whilea number of topics calling urgently for a supranational …” „… solution is growing. Whenthe national state is losing in contest of global financial markets and the …”

Erkki J. Hollo Staatshaftung im finnischen und schwedischen Recht S. 145-156

„… international law[...], no State has the right to use or to permitthe use of its territory in such a manner as …” „… , Svenska statens skadeståndsansvar, Luleå, 2005.Staatshaftung im finnischen und schwedischen Recht150Diese …” „… or damage owing to an erroneous decision bya state or municipal authority has without an acceptable …”

Attila Vincze Der Einfluss des Europarechts auf die Haftung für legislatives Unrecht aus rechtsvergleichender Sicht S. 21-50

„… des tatsächlich erlittenen Schadens, dieEMRK und der sie kopierende Human Rights Act verlangen auf der …” „… outrageous, his disregard of the plaintiff’s rights so contumelious,that something more is needed to show …” „… ?eskoslovenské republiky.82 § 92 Pokud stát ru?í za škodu zp?sobenou nezákonným výkonem ve?ejné moci, ur?uje …”

doi.org/10.5771/9783845259314

Thomas C. Wright - State Terrorism in Latin America

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Thomas C. Wright

State Terrorism in Latin America

2006

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Part I: Human Rights, State Terrorism, and Latin America S. 1-44

„… PART ONE HUMAN RIGHTS, STATE TERRORISM, AND LATIN AMERICA CHAPTER ONE The Human Rights Revolution …” „… the other hand, the descent into state terrorism. -Inter-American Commission on Human Rights2 State …” „… states ratify protocols expanding the realm of human rights deemed worthy of protection) Second, between …”

Preface

„… encounter with state terrorism and human rights-motivated me to delve further into the dark side of Latin …” „… . Human rights-Chile. 4. Human rights-Argentina. I. Title. HV6322.3.C5W75 2007 982.06'4-dc22 Printed in …” „… Rights, State Terrorism, and Latin America Chapter 1 Chapter 2 The Human Rights Revolution The Latin …”

Part II: The Dirty Wars S. 45-138

„… the practices of state terrorism and offer plausible deniability to charges of gross human rights …” „… be used for more arrests and to break their will to resist the military state. A Chilean human rights …” „… office for human rights in the State Department, which was required to produce annual reports on human …”

Selected Bibliography S. 233-254

„… University Press, 1995. Schoultz, Lars. Human Rights and United States Policy toward Latin America. Princeton …” „… : Amnesty International, 1982. --. Argentina: The Military Juntas and Human Rights-Report of the Trial of …” „… argentina, 1810-1997. Buenos Aires: Grupo Editorial Norma, 1999. Abregu, Martin. "Human Rights after the …”

Part III: Justice versus Impunity S. 139-224

„… of the state's role as active promoter, rather than simply presumed guardian, of human rights. 33 …” „… , keeping the country and the military in a prolonged state of agitation.41 Human rights organizations and …” „… devoted to collecting, preserving, and disseminating documentation on state terrorism and human rights …”

Conclusion: Chile, Argentina, and International Human Rights S. 225-232

„… CONCLUSION Chile, Argentina, and International Human Rights This book has examined state terrorism …” „… dictatorship sheds important light on the state of international human rights in the 1970s and 1980s …” „… open, unvarnished state terrorism was the single greatest catalyst to strengthening human rights …”

Index S. 255-266

„… and generally, xiv; United States, movement for in, 74-75. See also international human rights regime …” „… , 7-8, 75, 80, 121, 124; Human Rights Working Group, 75 United States: Argentina and, 122-23, 125; Chile …” „… rights and, 150-51; impunity and, 154, 155, 156-57; on national security, 144; transitional justice and …”

About the Author S. 267-271

„… , Journal of Church and State, Latin American Research Review, and other journals. 267 ').TIR AKERICAR …” „… Joanne Hershfield and David R. Maciel Ret'Oiudon in Mexico's Heartl01ul: PoUtics, War, 01ul State …” „… Perceptions of the United States By Stephen D. Morris Real Ufe in Castro's Cuba By Catherine Moses Bra>il in …”

doi.org/10.5771/9781461642800

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