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Andreas Fischer-Lescano, Hans-Peter Gasser, Thilo Marauhn, Natalino Ronzitti - Frieden in Freiheit - Peace in liberty - Paix en liberté

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Andreas Fischer-Lescano (ed.), Hans-Peter Gasser (ed.), Thilo Marauhn (ed.), Natalino Ronzitti (ed.)

Frieden in Freiheit - Peace in liberty - Paix en liberté

2008

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Henri Smets Rights and duties associated with the right to water S. 723-734

„… Rights and duties associated with the right to water Henri Smets Abstract: An outline …” „… of various rights and duties arising under the right of access to drinking water and sanitation. 1 …” „… , effectiveness at national level derived from a clear definition of the scope of the rights and duties of each …”

Christian Tomuschat Pacta sunt servanda S. 1059-1078

„… party has a veto right. And no different rule has been 1 Thus, Paul Reuter, Introduction au droit …” „… of peace and understanding in international relations. States which internally violate the rights of …” „… Nations, the Universal Declaration of Human Rights and the two International Covenants of 1966 all …”

Wolff Heintschel von Heinegg Manoeuvring in Rough Waters: The UK Manual of the Law of Armed Conflict and the Law of Naval Warfare S. 439-456

„… Operations 1. Rights and Duties of Neutral States Unfortunately, the commercially published version of the …” „… manual lacks provisions on the rights and duties of neutral States with regard to the protection of …” „… the rights and duties of the coastal state, inter alia, for the exploration and exploitation of the …”

Anthony Carty The Irish Government’s Neutrality, the Nuremberg Trials and After S. 375-386

„… : …but even Grotius denied to third states the right to stand by and refuse assistance to a state waging …” „… while the rights of the weak are violated. Rynne continues by saying that even 13 Ibid and all the …” „… The Irish Government’s Neutrality, the Nuremberg Trials and After Anthony Carty 1946 …”

Inhaltsverzeichnis S. 7-12

„… Smets Rights and duties associated with the right to water 711 Jerzy Sommer Die Konzeption des …” „… Hofmann International Protection of Human Rights and International Territorial Administration: A Legal …” „… Trade Law and Human Rights 647 Michel Prieur L’intégration du paysage dans les politiques et …”

Rainer Hofmann International Protection of Human Rights and International Territorial Administration: A Legal Black Hole S. 135-154

„… International Protection of Human Rights and International Territorial Administration: A Legal …” „… international law, the human rights of the administered population and, even more so, whether such …” „… on the (human) rights of the individuals under such international administration; and, with a view …”

Rüdiger Wolfrum The Protection of the Environment through International Courts and Tribunals S. 819-830

„… dispute-settlement system is formulated as though it were part of a treaty on reciprocal rights and duties among the …” „… regional fora such as the European Court of Justice, the European Court of Human Rights and the …” „… The Protection of the Environment through International Courts and Tribunals Rüdiger Wolfrum …”

Stefan Kadelbach Entwicklungsvölkerrecht S. 637-648

„… , World Poverty and Human Rights, 2. Aufl. 2007. 12 S. aber M. Kaltenborn, Entwicklungsvölkerrecht und …” „… Economic Order v. 1. 5. 1974, Res. 3201 (S-VI), abgedr. YUN 28 (1974), 324; Charter of Economic Rights and …” „… (Hrsg.), United Nations: Law and Practice, Bd. I, 1995, 366 ff.; ders., Environment, Development …”

Natalino Ronzitti The Proliferation Security Initiative and International Law S. 281-296

„… rights and duties, even though only the United States has the power to arrest and inspect suspected …” „… landing and seizure of prohibited cargo as well as denial of the right of transit if a foreign aircraft …” „… over-flying their territory to land for inspection and deny transit right to such aircraft; • inspect …”

Georges Abi-Saab Whatever happened to Article 19? S. 831-850

„… and synallagmatically with the individual rights and duties of States. The technical formulation …” „… that of human rights and fundamental freedoms recognized by international law for the human person …” „… reports, to identify and elaborate what he considered to be these rights and the different types of …”

Yoram Dinstein Comments on the UK Manual of the Law of Armed Conflict S. 387-402

„… , rights of public assembly, the bearing of arms, and the freedom of the press. 39 Ibid., 279. 40 …” „… to a clash between such discrimination and Geneva Convention (IV)).44 Rights of public assembly may …” „… Section 11.34, ibid., 286. Dinstein 386 inadmissible in a court of law the rights and …”

Peter-Tobias Stoll Die CBD, genetische Ressourcen und traditionelles Wissen: Konflikt und symbolisches Recht S. 781-798

„… resources : balancing rights and duties, 1997. 5 Siehe Schrijver a.a.O. , 319 ff. 6 Vgl. Schrijver a.a.O …” „… and folklore, 2004, 5 ff.; Dutfield, Intellectual property rights, trade and biodiversity, 2000; ders …” „… . The Public and Private Domains: Intellectual Property Rights in Traditional Knowledge, 21(3), 2000 …”

Gerhard Hafner The ECHR torn between the United Nations and the States: The Behrami and Saramati Case S. 115-134

„… discussion of the recent judgment of the European Court of Human Rights in the Behrami and Sarmati Case …” „… of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) by KFOR …” „… maintain international peace and security. Measures taken by Members in the exercise of this right of …”

Bernd Martenczuk The External Representation of the European Union: From Fragmentation to a Single European Voice? S. 953-968

„… function equally applies to the respect of the rights and obligations of the Community deriving from …” „… missions of the Member States and the Commission in the field. As for the right of the EC to accept …” „… right is implicitly recognised in Art. 17 of the Protocol on the Privileges and Immunities of the …”

Sabine Schlemmer-Schulte Sovereign Debt: The Argentine Bonds Case S. 985-1030

„… value of rights and obligations arising out of the restructured debt arrangement. German …” „… absolute human rights by preventing social unrest to take its own dangerous and potentially life …” „… higher value (human rights and a sovereign’s exercise of monetary powers), it also offers an opportunity …”

doi.org/10.5771/9783845209593

Judit Bayer, Bernd Holznagel, Päivi Korpisaari, Lorna Woods - Perspectives on Platform Regulation

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Judit Bayer (ed.), Bernd Holznagel (ed.), Päivi Korpisaari (ed.), Lorna Woods (ed.)

Perspectives on Platform Regulation

Series: Recht und Digitalisierung | Digitization and the Law

Volume 1 2021

Results in this title

Judit Bayer Rights and Duties of Online Platforms S. 23-46

„… Models of Platform Regulation Rights and Duties of Online Platforms Judit Bayer Abstract: One of …” „… platforms.) 11 Audiovisual Media Services Directive, Directive 2010/13/EU. Rights and Duties of Online …” „… , last modified January 6 2021, https://www.omnicoreagency.com/facebook-statistics/. Rights and Duties of …”

Lorna Woods The UK’s Approach to Regulation of Digital Platforms S. 329-350

„… scale, the risks posed to the rights and freedoms of individuals, as well as concerns expressed by some …” „… considered. While many of these relate to rights and requirements found in the GDPR, some might be seen as …” „… and accessible tools should be provided for children to exercise their rights. These are not technical …”

Mårten Schultz Six Problems with Facebook’s Oversight Board. Not enough contract law, too much human rights. S. 145-164

„… the terminology of fundamental human rights and freedoms is employed: the question of content …” „… moderation has taken the form of a human rights problem. As will be discussed below, the OB and Facebook are …” „… harmful. Whether fundamental rights and freedoms have a role to play in private law relationships is one …”

Enni Ala-Mikkula The Role of Occupational Safety and Health Legislation in Hate Speech Regulation. Employers’ responsibility to prevent and respond to the risk of hate speech at work – the Finnish perspective S. 489-506

„… important role to play when the target of hate speech is an employee and the employee’s work duties or …” „… position is the reason behind hate speech.48 The right to work in peace and safety at work is a fundamental …” „… threatened due to their working duties and the offender does not belong to the personnel of the workplace.53 …”

Index S. 595-601

„… f. intermediary rules 223 International Covenant on Civil and Political Rights (ICCPR) 43, 405 …” „… , 524, 574 anti-fake news law 435, 439, 549 f. antitrust 49, 67, 104, 111, 114, 218 authors’ rights …” „… , 577–580 duties 25–44, 85 f., 150, 192–195, 346–348 duty of care 43, 77–95, 112, 346–348, 502–504 …”

Lorna Woods Introducing the Systems Approach and the Statutory Duty of Care S. 77-98

„… , they may give rise to issues surrounding the right to information, prominence and diversity which may …” „… action should be context specific and proportionate, especially given the fundamental rights in play …” „… Introducing the Systems Approach and the Statutory Duty of Care Lorna Woods Abstract: Early policy …”

Izumi Aizu Digital Platform Regulation in Japan – does the soft approach work? S. 187-214

„… , Personal Data protection, Freedom of Speech, Human rights, Big Tech, Big Data, Co-regulation, Soft and hard …” „… as the United Nations Human Rights Council and active NGOs engaged in these policy areas. After they …” „… gave them plenty of chances to make their point, the UN Human Rights Committee (HRC) and UN Committee …”

Judit Bayer, Lorna Woods, Bernd Holznagel Introduction S. 9-22

„… Rights and Duties of Online Platforms 25 Judit Bayer European Legislative Initiative for Very Large …” „… the Regulation of Content on Social Media in Latin America: Authors’ Rights, Limitations and Content …” „… extend user rights and enable a tighter regulatory control. Maximilian Hemmert-Halswick provides a …”

Trisha Meyer, Alexandre Alaphilippe Platform (un)accountability. Reviewing Platform Responses to the Global Disinfodemic One Year Onward S. 507-530

„… /opinion-divided-over-trump-being-banned-from-social-media. 14 Judit Bayer, ‘Between Anarchy and Censorship. Public Discourse and the Duties of Social Media …” „… . ‘Between Anarchy and Censorship. Public Discourse and the Duties of Social Media’. CEPS Paper in Liberty …” „… . Brownsword, Roger. Rights, Regulation, and the Technological Revolution. Oxford and New York: Oxford …”

Jacob Mchangama, Natalie Alkiviadou Protecting the Freedom of Expression in an Era of “Platformization:” Paving a Road to Censorship? S. 451-472

„… rely on International Human Rights Law (IHRL) when adopting their terms of service and moderating 4 …” „… Opinion and Expression (SRFOE), David Kaye asserted that “human rights law gives companies the tools to …” „… and protection of the right to freedom of opinion and expression” A/HRC/38/35. 2018 …”

Sarah Hartmann Policy Developments in the USA to Address Platform Information Disorders S. 99-118

„… Stern Center for Business and Human Rights, September 2020), 4, https://static1.squarespace.com/static/5 …” „… as a defence against claims on grounds of civil rights violations, cyberstalking, and harassment.59 …” „… proposed by Malinowski and Eshoo is only applicable to civil action claims on grounds of civil rights …”

Maria L. Vazquez, Maria Carolina Herrera Rubio, Alejandro Aréchiga Morales Thoughts on the Regulation of Content on Social Media in Latin America: Authors’ Rights, Limitations and Content Filtering S. 233-260

„… Latin America - from privacy, freedom of expression, liabilities, disinformation, right to erasure, and …” „… privacy, freedom of expression, liabilities, disinformation, right to erasure, and copyright - is …” „… Civil of the Internet passed in 2014, a pioneer law regarding the protection of fundamental rights and …”

Richard Janda Protecting Democratic Expression Online: Canada’s Work in Progress S. 365-414

„… introduced Bill C-36 which would amend the Criminal Code and the Canadian Human Rights Act so as to address …” „… and actuated 4 Bill C-36, An Act to amend the Criminal Code and the Canadian Human Rights Act and to …” „… current role for Canada’s communications, human rights and privacy agencies; c) the restricted reach of …”

doi.org/10.5771/9783748929789

Giovanni Poggeschi - Language Rights and Duties in the Evolution of Public Law

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Giovanni Poggeschi

Language Rights and Duties in the Evolution of Public Law

Series: Schriftenreihe der Europäischen Akademie Bozen, Bereich »Minderheiten und Autonomien«

Volume 23 2013

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Brief History of Linguistic Rights. Linguistic Rights and Minority Rights. Evolution of the Doctrine. Linguistic Rights of the First, Second and Third Types. The Role of Comparative Law S. 19-35

„… ?minority? is important because on it depends whether or not minority rights and duties are applicable28 …” „… language in some Constitutions, the regulation of linguistic rights and duties and the resulting practice …” „… ? exercise of linguistic rights/duties, both at an institutional level and in private relations. When …”

Language and the Law S. 11-18

„… extrinsic aspect of linguistic rights (and of the corresponding duties) presupposes relations potentially …” „… , between the various rules and practices in language rights and duties that their particular nature is …” „… hope is to be of use to those wanting to delve further into the analysis of language rights and duties …”

Conclusions. The language as Incorporeal Good of a Special Kind. Between Inclusion of Individuals and the Maintenance of a Specific Collective Identity. A New Order of Linguistic Rights and Responsibilities S. 269-282

„… rights and duties of the three types, and featuring also the promotion of the learning of foreign …” „… effective and fair combination of the language rights and duties of the three types that the multicultural …” „… reflection which may help to enrich the debate on linguistic rights and duties, increasingly lively …”

Essential Bibliography S. 283-286

„… autonómica (Cedam, Padova, 2002). Poggeschi, G., ?Language Rights and Duties in Domestic and European Courts …” „… Protection in Post-Apartheid South Africa. Human Rights, Minority Rights, and Self-Determination (Praeger …” „… Millan, Houndmills, Basingstoke/New York, 2004). Kymlicka, W.and Patten, A. (eds.) Language Rights and …”

The Establishment of Canada, Federal Bi-National State S. 54-67

„… Freedom of Expression (Later Law 178) A milestone in the linguistic rights and duties in Canada, perfectly …” „… inhabitants of Québec entitled to fundamental rights and duties and the other minorities protected only by the …” „… Québec156. 3.2.2.1. The Awakening of Québec and the Discipline of Language Rights by the Two Different …”

Titelei/Inhaltsverzeichnis S. 2-10

„… PoggeschiLanguage Rights and Duties in the Evolution of Public Law NomosBUT_Poggeschi_0785-0.indd 3 07.08.13 …” „… Measures in the ?Charter of Fundamental Rights and Freedoms? 59 3.2 .2 .3 . T he Canad ian Sup r e me …” „… Co ur t and the UN Co mmittee on Human Rights Judge Some Measures in Québec?s Bill 10 1 Prej ud …”

Language Rights in Belgium S. 67-75

„… rights and duties. In this sense ?The Confederation and the Cantons promote understanding and exchanges …” „… Rights in Belgium Belgium is a very interesting case for the study of federalism and language rights …” „… legislation on language rights: this had created three Communities (Flemish, French and German) and three …”

Linguistic Rights and Obligations in Latvia S. 84-93

„… , ? Language Rights and Duties in Domestic and European Courts? (2003) Journal of European Integration. Revue …” „… nature. 3.3.2. Linguistic Rights and Obligations in Latvia The Baltic States have also had to deal with …” „… on the subject of citizenship and linguistic rights. This sub-section deals with the minority and …”

Protection of English in the USA S. 41-53

„… concern about rights and duties of the first type: the fact that they are judged through the lens of …” „… type, including language rights84, and with some openness towards language rights of the second type …” „… with language rights, is the ?National agency for the reception of foreigners and migration?, created …”

doi.org/10.5771/9783845249490

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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. 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 …” „… due regard to the rights and duties of the coastal State …” „… Reports (1986), 14, 112. Rights and duties of other States in the exclusive economic zone 1–2 Art. 58 …”

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

„… , 257, 297 (3) and 298. Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive …” „… ; (c) other rights and duties provided for in this Convention. 79 Klein (note 66), 132. 80 …” „… regard to the rights and duties of other States and shall act in a manner compatible with the provisions …”

. 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 …” „… (1).68 25 Yet, there are duties which correspond to other States’ rights and which have to be taken into …”

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

„… abuse this right and apply excessively high charges in an effort to recover lost customs duties, and the …” „… ; Page size: 160.00mm 240.00mm Article 127 Customs duties, taxes and other charges 1. Traffic in …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 I. Purpose and Function 1 Art. 127 of the UNCLOS aims to assist in the application of the right of …”

. Protection of legitimate interests S. 1775-1779

„… principle provides for the exact same rights and duties for every party, as do most international agreements …” „… interests including, inter alia, the rights and duties of holders, suppliers and recipients of marine …” „… : 160.00mm 240.00mm Documents: GA, Charter of Economic Rights and Duties of States, GA Res. 3281 (XXIX …”

. 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

„… archipelagic sea lanes are to be made. The nature of the rights and duties set forth are not affected.1 Thus …” „… closely based upon the right of coastal States to regulate innocent passage and the duties of ships to …” „… of a number of archipelagic States.82 Article 54 Duties of ships and aircraft during their passage …”

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

„… exercise of their rights and in the performance of their duties under this Convention. To this end they …” „… the implementation of their rights and duties with respect to the protection and preservation of the …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. ‘coordinate the implementation of their rights and duties with respect to the protection and …”

. 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 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. ‘exercising their rights and performing their duties …” „… pollution of the marine environment from vessel-source pollution. 2 In the exercise of the rights and duties …”

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

„… representatives. Article 183 Exemption from taxes and customs duties 1. Within the scope of its official …” „… Authority, and when the price of such goods or services includes taxes or duties, appropriate measures shall …” „… Commodities, 27 June 1980, UNTS 1538, 3. Exemption from taxes and customs duties 2–9 Art. 183 Ferrara 1247 …”

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

„… fishing on the high seas subject to: (a) their treaty obligations; (b) the rights and duties as well as …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. ‘the rights and duties as well as the interests of coastal States provided for, inter alia, in …” „… obligations; (b) the rights, duties and interests of coastal States in, inter alia, straddling, highly …”

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

„… . 39 (1) will be dealt with below. Article 39 Duties of ships and aircraft during transit passage 1 …” „… . Ships and aircraft, while exercising the right of transit passage, shall: (a) proceed without delay …” „… struck, and fortunately this was achieved at the Conference. 2Art. 39 sets forth certain duties to be …”

Index S. 2554-2619

„… – rights, jurisdiction and duties of coastal States in the EEZ 56 21 – safety of navigation 60 20 et seq …” „… resources – rights and duties of other States; see Rights and duties of other States in the EEZ – rights …” „… , jurisdiction and duties of coastal States 55 19; 56 1 et seq., see also Rights, jurisdiction and duties of …”

. Nationality of Ships S. 693-701

„… reciprocal rights and duties’.22 This, on its face, says nothing more than that ‘nationality should be the …” „… to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships …” „… between the State and the ship. 2. Every State shall issue to ships to which it has granted the right to …”

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

„… 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 …” „… MSR is subject to States parties’ other rights and duties in accordance with UNCLOS. Territorial …”

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

„… relating to the exercise of the right of access to and from the sea, establishing rights and facilities on …” „… 20.02.2017 18:08:21 3B2 9.1.580; Page size: 160.00mm 240.00mm 2. ‘establishing rights and facilities …” „… to the right of access to and from the sea. MFN clauses typically identify certain types of benefits …”

. 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 …” „… administrative, technical and social matters’.2 Other UNCLOS provisions also impose regulatory duties on flag …” „… ) Articles concerning the Law of the Sea.6 The additional detail and further duties found in Art. 94 (2), (4 …”

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

„… archipelagic sea lanes are to be made. The nature of the rights and duties set forth are not affected.1 Thus …” „… Arts. 9, 10 and 11. Clearly the right of innocent passage will only subsist in the area of archipelagic …” „… and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. 3 …”

. Basic objectives S. 1779-1784

„… 9.1.580; Page size: 160.00mm 240.00mm The terms ‘rights’ and ‘duties’ encompass particularly those …” „… . 14 The juxtaposing of ‘rights’ and ‘duties’ on the one hand and ‘holders’, ‘suppliers’ and …” „… to supply technology. However, the correct interpretation is that the rights and duties referred to …”

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

„… representatives – diplomats and consular representatives. Article 183 Exemption from taxes and customs duties 1 …” „… ; Page size: 160.00mm 240.00mm Article 182 Privileges and immunities of certain persons connected with …” „… organs of the Assembly or the Council, and the Secretary-General and staff of the Authority, shall enjoy …”

. Duties of the coastal State S. 218-223

„… Ngantcha, The Right of Innocent Passage and the Evolution of the International Law of the Sea (1990); Myron …” „… 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 …”

. 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

„… recognises the rights, interests and duties of both fishing and non-fishing States in the living resources of …” „… in respect of species that occur in both areas that respect the rights, duties and interests of …” „… , interests and duties of coastal States. Art. 117 articulates the correlative obligation to this right …”

. Duties of States bordering straits S. 325-328

„… prejudice the right and duties of Governments under international law or the legal regimes of straits used …” „… , Passage Rights and the 1982 Law of the Sea Convention (2009), 357, 360, 363–367. 1 Bing Bing Jia, The …” „… coastal State in accordance with the SOLAS 1974, and that in case of a dispute involving the rights and …”

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

„… organisations, the rights and duties provided by the Convention are in principle res inter alios acta and cannot …” „… latter by reference to the duties of international organisations in the field of development and transfer …” „… organisations to facilitate the exercise of the rights to exploit living resources, provided in Arts. 69 and 70 …”

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

„… represents an ‘enormous compendium of the most diverging rights and duties granted to States with …” „… their rights and performing their duties under this Convention, States Parties shall refrain from any …” „… rights States Parties shall fulfil in good faith the obligations assumed under this Convention and shall …”

. General obligation S. 1278-1288

„… establishment of duties (Art. 192) and rights (Art. 193) regarding the stewardship of the oceans. Art. 192, as …” „… , however, decided to separate the rights and duties and came up with the following text (including the …” „… the marine environment, Art. 194 (5) is of outstanding importance for the duties and behavior of …”

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

„… international community. Art. 23 confirms the right of innocent passage of nuclear powered ships and ships …” „… general right to require this exists. Notably, both the United States and Germany sought to arrange …” „… to the limitations noted in Arts. 30 and 32.22 Article 24 Duties of the coastal State 1. The coastal …”

. Marine scientific research S. 990-1003

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Specific Rights and Duties of States Parties (para. 3 …” „… , philanthropic organizations and private persons.100 5. Specific Rights and Duties of States Parties (para. 3) 27 …” „… between the competences, rights, and duties of the Authority and of the State Parties, it seems convincing …”

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

„… corresponding duties and rights constitute principles, which are applicable to the international community as a …” „… carried out by other States in the exercise of their rights and in pursuance of their duties in conformity …” „… all-encompassing living and non-living marine nature,86 its ecosystems and components. Article 193 Sovereign right …”

. 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 …” „… provisions of the Convention concerning the allocation of competences, rights and duties of States and …” „… clarity: ‘In exercising its rights and performing its duties under this Convention in the exclusive …”

Titelei/Inhaltsverzeichnis

„… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 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 …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 293 Article 39. Duties of ships and aircraft during transit passage …”

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

„… ) (Rights and Duties of other States in the Exclusive Economic Zone): ‘In exercising their rights and …” „… the rights and duties of the coastal State […]’. 39 Chagos Marine Protected Area Arbitration (note 27 …” „… other States in the exercise of their rights and in pursuance of their duties in conformity with this …”

. Creation of favourable conditions S. 1637-1640

„… the reference to other ‘rights and duties’ under the Convention (e. g. Arts. 61 (5); 119 (2); 198; 200 …” „… specific rights and duties.23 7Even though no general international treaty on cooperation in MSR has been …” „… information collected through this research, complements Art. 238 which gives the right to States and …”

. 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 …” „… and not enriched with specific duties, Art. 239 is not ‘meaningless’12 because of its dual function to …” „… emphasize the importance of research and to serve as a general foundation for duties in subsequent and other …”

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

„… Committee, USA: Draft Articles for a Chapter on the Rights and Duties of States in the Coastal Sea- Bed …” „… mm 240.00mm Article 58 Rights and duties of other States in the exclusive economic zone 1. In the …” „… incompatible with this Part. 3. In exercising their rights and performing their duties under this Convention in …”

. Definition S. 882-887

„… the exercise of their rights and duties under the Convention (cf. Art. 123). In this respect, Arts …” „… living resources of the sea; (b) to coordinate the implementation of their rights and duties with respect …” „… Jenisch, Sovereign Rights in the Arctic, Maritime Policies and Practices after UNCLOS III, GYIL 28 (1985 …”

. Duty to render assistance S. 726-731

„… Maritime Interdiction Operations and Human Rights Law’, Acta Criminologica: Southern African Journal of …” „… of an inquiry’; and reflects the duties in Art. 94 (7).5 Importantly, this is a duty that a State …” „… . Elements 1. ‘shall require the master’ 7The duties of rescue and assistance to be laid upon a master by …”

. Transfer of technology S. 1003-1008

„… hereinafter as ‘the Authority’) has major duties concerning technology and scientific knowledge related to the …” „… 240.00mm far as scientific knowledge has to be acquired and transferred, Art. 144 complements the duties …” „… ) of the 1966 International Covenant of Economic, Social, and Cultural Rights.18 The general methods of …”

. Legal status S. 1229-1233

„… personality either explicitly or implicitly, withholding the consequent rights and duties.4 Nevertheless, this …” „… movable property according to the necessities of its purposes and duties. Regarding its headquarters, the …” „… control: Deloitte & Touche (2003, 2004, 2005, 2006, 2007), PriceWaterhouseCoopers (2009 and 2010), KPMG …”

. 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 …” „… framework which in principle provides for the exact same rights and duties for every party, as do most …”

. International character of the Secretariat S. 1199-1206

„… performance of their duties the Secretary-General and the staff shall not seek or receive instructions from …” „… and information only for limited use in connection with the functions and duties of the staff of the …” „… Secretariat and the functions and duties of the Legal and Technical Commission.’37 Expressly excluded from …”

. Investigation of foreign vessels S. 1538-1545

„… respect to foreign vessels In exercising their rights and performing their duties under this Part, States …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. ‘exercising their rights and performing their duties …” „… pollution of the marine environment from vessel-source pollution. 2 In the exercise of the rights and duties …”

. Measures to facilitate proceedings S. 1528-1532

„… rights and duties as may be provided under national laws and regulations or international law …” „… have rights and duties as provided by national laws and regulations. The current wording is the result …” „… certain procedural rights. The enforcing State is obliged to facilitate the hearing of witnesses and the …”

. Freedom of the high seas S. 679-683

„… of navigation and rights of fishing (‘inclusive’ interests).17 States may also have a range of …” „… best, unclear. 3. ‘freedom of navigation’ and ‘freedom of overflight’ 10The right of freedom of …” „… and of international law. On the high seas the right of unimpeded passage/free navigation is subject …”

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

„… 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 …” „… by Art. 311 (5). Art. 311 (2) prescribes that the Convention shall not alter the rights and …”

. Depositary S. 2040-2045

„… his duties ‘in accordance with treaty law and established practice’.20 ‘Established practice’ notably …” „… May 1951, ICJ Reports (1951), 15, 27; and further ICJ, Case Concerning Right of Passage over Indian …” „… governing entry into force, (prohibition of) reservations and denunciation applies to the annexes. – The …”

. 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 …” „… flags and using them according to convenience ‘may be assimilated to a ship without nationality’. This …” „… ’.36 On this approach, in the absence of nationality there is no exclusive jurisdiction and ‘no state …”

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

„… ’ (emphasis added), provides: ‘[i]n exercising their rights and performing their duties under this Convention …” „… )(b), 60, 192, 206, 208, 214, 246 (5)(c). On environmental duties and the construction of artificial …” „… , Preserving Navigational Rights and Freedoms: The Right to Conduct Military Activities in China’s Exclusive …”

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

„… , 257, 297 (3) and 298. Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive …” „… ; (c) other rights and duties provided for in this Convention. 79 Klein (note 66), 132. 80 …” „… , subject to the specific legal regime established in this Part, under which the rights and jurisdiction of …”

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

„… research for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States …” „… ( Art. 89) and the Area ( Art. 137 (1) and (3)) and the freedom of fishing on the high seas as a right …” „… jurisdictional rights in the EEZ (Art. 56) and on the continental shelf ( Art. 77), if all read together, have …”

. Organs of the Council S. 1170-1175

„… ; Page size: 160.00mm 240.00mm need to have the highest competence and qualifications in relevant …” „… Economic Planning Commission; (b) a Legal and Technical Commission. 2. Each Commission shall be composed of …” „… economy and efficiency. 3. Members of a Commission shall have appropriate qualifications in the area of …”

. Powers and functions S. 1158-1170

„… ; (t) make recommendations to the Assembly concerning suspension of the exercise of the rights and …” „… recommendation of the Legal and Technical Commission.31 3. Internal Duties 13Some of the responsibilities of the …” „… suspend the exercise of rights and privileges of a member of the Authority involved in gross and …”

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

„… ) (referring to ‘rights’ and ‘duties’) clarifies that the difference is arguably one of editing rather than of …” „… have due regard to fishing, the protection of the marine environment and the rights and duties of other …” „… attribution of rights and jurisdiction in the exclusive economic zone In cases where this Convention does not …”

ANNEX IV STATUTE OF THE ENTERPRISE S. 2276-2312

„… , without the right to vote, in the meetings of the Board and may participate, without the right to vote, in …” „… article 153, paragraph 2(a), as well as the transporting, processing and marketing of minerals recovered …” „… from the Area. 2. In carrying out its purposes and in the exercise of its functions, the Enterprise …”

. Promotion of international cooperation S. 1631-1637

„… for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States under …” „… language of this provision is atoned in part by the reference to other ‘rights and duties’ under the …” „… far into the sea and the exclusive rights enjoyed by the coastal States have further confirmed the …”

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

„… there were no similar publicity duties relating to baselines of rivers and bays.6 3In fact, most …” „… , in the Solomon Islands’ and Mauritian legislation such duties are spelt out.72 24It seems some State …” „… Pollution (1998); Francis Ngantcha, The Right of Innocent Passage and the Evolution of the International Law …”

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

„… principle, ‘have equal rights and duties and are equal members of the international community …” „… rights and benefits resulting from membership. Bibliography: Niels M Blokker, International Organizations …” „… accordance with this Part in order to ensure to all of them the rights and benefits resulting from membership …”

. 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 …”

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

„… including, inter alia, the rights and duties of holders, suppliers and recipients of technology, the …” „… 9.1.580; Page size: 160.00mm 240.00mm 2. ‘taking into account the interests and needs of developing …” „… States, particularly land-locked and geographically disadvantaged States’ 5 Although the reference to …”

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

„… regard to fishing, the protection of the marine environment and the rights and duties of other States …” „… protection of the marine environment and the rights and duties of other States. Thus, in areas of the EEZ …” „… purposes; (c) installations and structures which may interfere with the exercise of the rights of the …”

. 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 …”

. Exercise of powers of enforcement S. 1532-1535

„… representatives shall have rights and duties as provided by national laws and regulations. The current wording is …” „… representatives enjoyed rights instead of having rights, as well as mentioned legislation in place of laws and …” „… and coastal States may lawfully interfere with the right of innocent passage or the freedom of …”

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

„… jurisdiction. Thus, on the high seas, a warship may not be subject to any rights of visit and search 39 …” „… being on government service and authorized to that effect’ ( Art. 107). 2 Although given the rights and …” „… flying its flag and causing loss of life or serious injury to nationals of another State or serious …”

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

„… Interdiction and the Law of the Sea (2009) Documents: GA, Universal Declaration of Human Rights, GA Res. 217 A …” „… Efthymios Papastavridis, ‘The Interplay between Maritime Interdiction Operations and Human Rights Law’, Acta …” „… Mediterranean (EUNAVFOR MED) [2015] OJ L 122/31 (the only references to human rights law and non-refoulment are …”

. Definition of warships S. 242-245

„… such matters would not offend against the balance of rights and duties in the territorial sea. ROTHWELL …” „… . 110), and exercise the right of hot pursuit ( Art. 111). Finally, warships, auxiliary craft or …” „… ; Francis Ngantcha, The Right of Innocent Passage and the Evolution of International Law of the Sea (1990 …”

. Experts S. 1864-1867

„… or tribunal, but without a right to vote. The experts must be ‘no fewer than two’ and must be chosen …” „… without the right to vote. Bibliography: David Anderson, Scientific Evidence in Cases under Part XV of the …” „… LOSC, in: Myron H. Nordquist/ Ronán Long/Tomas H. Heidar/John Norton Moore (eds.), Law, Science and …”

. Interim measures S. 1762-1765

„… III, Georgia JICL 14 (1984), 121–153 Documents: GA, Charter of Economic Rights and Duties of States …” „… to a case with immediate and temporary protection of rights or property during the period of time …” „… accordance with Part XV, sections 2 and 3, the State or competent international organization authorized to …”

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

„… encourage and facilitate agreements of this nature in order that the ‘right of access to and from the sea …” „… transit’ 8 The purpose of Art. 128 is to supplement the ‘right of access to and from the sea’ of LLS …” „… contained in Art. 12518 by strengthening the right with the opportunity for transit States and LLS to make …”

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

„… rights and the performance of duties by the coastal State without unjustifiable interference with …” „… .’87 Article 78 Legal status of the superjacent waters and air space and the rights and freedoms of …” „… interference with navigation and other rights and freedoms of other States as provided for in this Convention …”

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

„… cables and pipelines, or related rights and duties of other Contracting Parties; (ii) by refusing to …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. ‘contravention of […] the freedoms and rights of navigation …” „… coastal States not to have their sovereign rights over their EEZs and continental shelves, recognised in …”

. Right of innocent passage S. 390-394

„… (Principle 3). 20 Sea-Bed Committee, United Kingdom: Draft Article on the Rights and Duties of Archipelagic …” „… 53 and without prejudice to article 50, ships of all States enjoy the right of innocent passage …” „… . Koh/John Norton Moore (eds.) Freedom of the Sea, Passage Rights and the 1982 Convention on the Law of the …”

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

„… guidelines and criteria shall prejudice the rights and duties of Governments under international law or the …” „… by a potential EEZ.1 The right of transit passage, for all its potency in favour of foreign ships and …” „… exclusive economic zone of similar convenience with respect to navigational and hydrographical …”

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

„… fishing on the high seas subject to: (a) their treaty obligations; (b) the rights and duties as well as …” „… appeared first in Art. 4 of the 1884 Cable Convention, was elaborated during the course of UNCLOS I,14 and …” „… laws and regulations necessary to ensure that the owners of ships who can prove that they have …”

. Accession S. 1984-1986

„… reflects the right of States and international organizations to choose accession as one of the means under …” „… 9.1.580; Page size: 160.00mm 240.00mm Nations. The latter’s duties as depositary are substantiated in …” „… other States and entities are established, but Art. 308 (1) rules that the Convention ‘shall enter into …”

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

„… H. Nordquist/Tommy T.B. Koh/John N. Moore (eds.), Freedom of Seas, Passage Rights and the 1982 Law …” „… on the Rights and Obligations of Coastal States in the Area Under Their Jurisdition, UN Doc. A/AC.138 …” „… , Passage Rights and the 1982 Law of the Sea Convention (2009), 357, 360, 363–367. 1 Bing Bing Jia, The …”

. 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 …” „… subjacent seabed and subsoil, interference with the right of transit passage and the right of …” „… overlapping provisions to ensure non-interference with, and non-hampering of, the rights of passage and …”

. Tunnelling S. 671-676

„… definition and delineation of the continental shelf (Art. 76), the rights and duties of the coastal State …” „… drilling on the continental shelf and their rights in relation to tunnelling are not immediately apparent …” „… between Art. 81 and Art. 85 and the sort of activities they cover)24. 9Where this right to tunnel stems …”

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

„… vessels in the territorial sea for such matters would not offend against the balance of rights and duties …” „… Kimbell, Admiralty Jurisdiction and Practice (4th edn. 2011); Francis Ngantcha, The Right of Innocent …” „… the Sea (3rd edn. 1999), 98. 15 Francis Ngantcha, The Right of Innocent Passage and the Evolution of …”

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

„… the rights and duties of coastal and other States in the continental shelf.’1 1 Tim Stephens, The …” „… governing the rights and duties of coastal States in respect of natural resources in maritime areas under …” „… over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural …”

. Peaceful uses of the seas S. 1944-1948

„… 301 Peaceful uses of the seas In exercising their rights and performing their duties under this …” „… Japan, making specific reference to Art. 300 and relying on the definition of abuse of rights provided …” „… of a right and hence in breach of the principle of good faith without that act being illegal. Article …”

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

„… . This obligation is set against the right to deploy and use scientific research installations and …” „… by fishing vessels with floats and other objects, including fishing on buoys, vandalism and theft of …” „… research carried out and to the indirect protection of human life and natural habitats, as in the case of …”

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

„… , reduction and control of pollution,19 without prejudice to its duties of not hampering the right of innocent …” „… 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 …”

. Internal waters S. 85-97

„… territorial sea such that ‘[t]he coastal state has all practical rights and duties inherent in sovereignty …” „… 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 …”

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

„… damage’ arising from improper exercise of the lesser right of visit and inspection ( Art. 110). This …” „… : Francesco Francioni/Natalino Ronzitti (eds.), War by Contract: Human Rights, Humanitarian Law, and Private …” „… 86 (Germany) and 91 (Italy, proposing extension to ‘ships performing official duties, such as customs …”

. Status of ships S. 701-705

„… duties and regulatory responsibilities (see Art. 94). Thus, Art. 92 (2) provides that a ‘ship which …” „… )) giving effect to its sovereign rights and jurisdiction in the EEZ.6 Thus, despite the prima facie …” „… equality and independence, no one State, or any of its subjects, has a right to assume or exercise …”

. Right of innocent passage S. 177-182

„… continues to define the meaning and extent of passage, the rights and duties of coastal States and flag …” „… Vessel-Source Pollution (1998); Francis Ngantcha, The Right of Innocent Passage and the Evolution of the …” „… guaranteeing certain rights of communication and passage through the seas.2 This requires a balancing of …”

. Drilling on the Continental Shelf S. 635-640

„… (2006), 93. 5 Sea-Bed Committee, United States: Draft Articles for a Chapter on the Rights and Duties of …” „… have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. ‘shall have the exclusive right to authorize and regulate …”

. Privileges and immunities S. 1233-1237

„… accorded to diplomatic envoys; inviolability for all papers and documents; the right to use codes and to …” „… diplomatic missions to the Governments concerned; have the right to import free of duty their furniture and …” „… communications with the Authority, the right to use codes and to receive papers or correspondence by courier or …”

. 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 …” „… drafting language is designed to create a balance between the rights and obligations of the coastal and …” „… geographical location, and competent international organizations have the right, in conformity with the …”

. Conservation of the living resources S. 481-494

„… the rights and duties of other States’ when ‘exercising its rights and performing its duties under the …” „… Convention confers sovereign rights to explore and exploit the living resources in the EEZ,2 such rights also …” „… alternative approaches’ leading to a ‘conscious balancing of rights and interests, suggestions of compromise …”

. 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 …” „… the rights and interests of those parties who engaged in mining of the deep sea bed received adequate …” „… State shall be given notice thereof and shall have the right to participate in the proceedings by …”

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

„… Articles for a Chapter on the Rights and Duties of States in the Coastal Seabed Economic Area, UN Doc. A/AC …” „… exercising that right also has to pay due regard to further interests of other States and their …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 I. Purpose and Function 1 Through its application of Art. 60, Art. 80 sets out the exclusive right …”

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

„… organisations, in particular when the latter provide specific rights and duties.23 7Even though no general …” „… rights and will promote the economic and social advancement of all peoples of the world’. 2 GA Res. 65/37 …” „… exercise of their sovereignty, have the exclusive right to regulate, authorize and conduct marine …”

. Ratification and formal confirmation S. 1980-1984

„… right of States and international organisations to agree on the need for consent to be expressed by …” „… extent of participation and rights and obligations of the international organization concerned. Indeed …” „… 9.1.580; Page size: 160.00mm 240.00mm and one or more third subjects of international law are parties on …”

. Sovereign immunity S. 1592-1597

„… to the rights and duties of States under the UNCLOS to protect the marine environment.3 The general …” „… pollution from foreign vessels, including vessels exercising the right of innocent passage and the innocent …” „… agents and heads of state and governments, are set out in Part II, Section 3. These include the right of …”

. Scope of this section S. 288-294

„… guidelines and criteria shall prejudice the rights and duties of Governments under international law or the …” „… determining factor in prompting the US and the former USSR in advocating the notion of a right of free transit …” „… navigational rights for foreign ships and of security concerns of the coastal States. Where straits link waters …”

. Objectives of the Authority S. 1798-1802

„… Objectives of the Authority Subject to all legitimate interests including, inter alia, the rights and duties …” „… 9.1.580; Page size: 160.00mm 240.00mm States and the Soviet bloc5 and the Informal Single Negotiating …” „… Authority concerning the transfer of technology but its scope was made limited to the exploration and …”

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

„… assisting the Authority to avoid granting exploration and exploitation rights over seabed areas properly …” „… the coastal States concerned, Sri Lanka and India, of sovereign rights over most of the spatial extent …” „… both meeting space and the time that its members could devote to their duties were preventing more than …”

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

„… proceedings shall have such rights and duties as may be provided under national laws and regulations or …” „… recognized States’ ‘right to enforce laws and regulations adopted in accordance with the provisions of [the …” „… casualties of vessels and other types of casualties.56 They were abandoned following the French proposal …”

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

„… nature and operation of more detailed rights and duties to localised agreements. Thus, Art. 51 (1) cl. 1 …” „… neighboring States under Arts. 47 (6) and 51 (1) explicitly have any guaranteed rights in such internal waters …” „… waters.19 Article 51 Existing agreements, traditional fishing rights and existing submarine cables 1 …”

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

„… particular part of the marine environment, within the environmental duties of States and the prescriptions …” „… , maintain and operate a viable system and the legal right to use these items for that purpose on a …” „… coastal and maritime zones including the internal waters, the exclusive economic zone and the high seas …”

. Right of hot pursuit S. 773-780

„… jurisdiction of that flag State and may be visited under national law. Article 111 Right of hot pursuit 1. The …” „… waters or territorial sea and to arrest it on the high seas’.3 In general, the right of hot pursuit …” „… enters another State’s territorial sea. UNCLOS codifies that right, and extends its application to …”

ANNEX VII ARBITRATION S. 2466-2492

„… exercise by a coastal State of its sovereign rights or jurisdiction from the ambit of Art. 287, and thus …” „… . The notification shall be accompanied by a statement of the claim and the grounds on which it is based …” „… . Documents: UN DOALOS, Settlement of Procedure Under Article 287 and Optional Exceptions to Applicability of …”

. Protection of human life S. 1029-1036

„… Künzli, The Law of International Human Rights Protection (2010); Filippo Lorenzon, Safety and Compliance …” „… (2016), 175–187; Nicola Wenzel, Human Rights, Treaties, Extraterritorial Application and Effects, MPEPIL …” „… provides that the Authority shall adopt rules, regulations and procedures to 1 Niels Petersen, Life, Right …”

. 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 …” „… and duties provided for States under UNCLOS in respect of those matters for which it has been given …”

. Contiguous zone S. 255-273

„… Validity of the British Claim to a Right of Visitation and Search of American Vessels Suspected to be …” „… Preventing Frauds and Abuses in the Public Revenues of Excise, Customs, Stamp Duties, Post Office, and House …” „… visit and search rights beyond the 3 mile limit under the National Prohibition Act: Wesley A. Sturges …”

. Right of transit passage S. 294-301

„… article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except …” „… Britain and Northern Ireland v. Albania), Merits, Judgment of 9 April 1949, ICJ Reports (1949), 4 Right of …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 I. Purpose and Function 1 This article sets forth the innovative right of transit passage, which …”

. Signature S. 2518-2523

„… the organization will need to take on the rights and duties provided for States under UNCLOS in …” „… transferred to that organization by its member States which are signatories, and the nature and extent of that …” „… competence. Bibliography: Sonja Boelaert-Suominen, The European Community, the European Court of Justice and …”

. 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

„… interpretation coloured by the UNFSA would not ‘prejudice’ their rights, jurisdiction and duties under the …” „… should do so in good faith and should exercise their rights in a manner which would not constitute an …” „… nationals and third State vessels individually.19 Thus, coastal States retain their rights under Arts. 56 …”

. Breadth of the territorial sea S. 35-42

„… by a duty to act in good faith and to have due regard to Mauritius’ rights and interests (in respect …” „… Arbitration, where the Tribunal held that traditional fishing rights constitute a vested right, and that …” „… sea’.46 Such vested rights are not absolute and may be subject to ‘reasonable regulation’, for example …”

. Definition of piracy S. 738-745

„… the Convention, any act which may be defined as piracy under Art. 101 triggers the rights and duties …” „… Enforcement and Human Rights, ICLQ 59 (2010), 141–169; Douglas Guilfoyle, Piracy and Terrorism in: Panos …” „… . 105 powers of seizure and the Art. 110 right of visit. By virtue of Art. 58 (2) the present article …”

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

„… exercise of rights and duties arising from other provisions of the Convention.2 The policies concern …” „… producers and consumers participate. The Authority shall have the right to become a party to any arrangement …” „… necessary preliminary research on the underwater cultural heritage and shall issue all necessary …”

. Publication of reports S. 1365-1370

„… environmental and human rights treaties – commonly used to monitor compliance with treaty obligations, they are …” „… Stoll/Silja Vöneky (eds.), Coexistence, Cooperation and Solidarity: Liber Amicorum Rüdiger Wolfrum (2012 …” „… ), 777–806; Neil Craik, The International Law of Environmental Impact Assessment: Process, Substance and …”

. Responsibility and liability for damage S. 1962-1969

„… ) rights and duties of States, the Convention scantly elaborates on the ‘general conditions’12 under which …” „… North-West Passage; the 2001 agreement between France and the United States on the French wreck of LA BELLE …” „… , which sank in 1686 off the coast of Texas; and the 2000 agreement (not yet in force) between Canada …”

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

„… exercises civil and political rights. 2. There shall be no fewer than three members from each geographical …” „… , is that of the State in which he or she ordinarily exercises civil and political rights.4 Art. 3 (1 …” „… to re-election, the discharge of duties and resignations. II. Historical Background 2Most of the …”

. Anadromous stocks S. 528-537

„… . 116 (b) which makes freedom of fishing on the high seas subject to the rights, duties, and interests …” „… to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation of Fur Seals …” „… United States and the United Kingdom, Relating to the Rights of Jurisdiction of United States in the …”

. Archipelagic baselines S. 353-375

„… : Draft Article on the Rights and Duties of Archipelagic States, A/ AC.138/SC.II/L.44 (1973). 55 Prescott …” „… 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 …”

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

„… : 160.00mm 240.00mm ‘Nothing in this Convention shall prejudice the rights, jurisdiction and duties of …” „… and regulations referred to in that article. 3. Nothing in this article affects the rights of …” „… 5. ‘the rights of identifiable owners, the law of salvage and other rules of admiralty, or laws and …”

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

„… . Article 209 Pollution from activities in the Area 1. International rules, regulations and procedures shall …” „… be established in accordance with Part XI to prevent, reduce and control pollution of the marine …” „… environment from activities in the Area. Such rules, regulations and procedures shall be re-examined from time …”

. The staff of the Authority S. 1192-1199

„… 1. In the performance of their duties the Secretary-General and the staff shall not seek or receive …” „… ; Page size: 160.00mm 240.00mm mandate for such measures is derived from Arts. 162(2)(w) and 165(2)(k …” „… ) of the Convention, which confer the power to take and recommend emergency measures to the Council and …”

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

„… further identifies the need to ‘establish what supplementary duties and obligations the Authority has as a …” „… in the 1970 Declaration of Principles that ‘States shall pay due regard to the rights and legitimate …” „… affected by such activities’.10 While the rights and 1 This term is defined by Art. 1 (1)(3), on its …”

. 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 …” „… far-reaching as it appears to reflect Art. 103 of the United Nations Charter in concept and structure.30 This …” „… not been any situation or case where an alleged conflict between its obligations under UNCLOS and its …”

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

„… geographic position of LLS. For example, the Charter of Economic Rights and Duties of States18 paid …” „… specialis to the Convention and are governed by the rules in Art. 311.49 Article 125 Right of access to and …” „… from the sea and freedom of transit 1. Land-locked States shall have the right of access to and from …”

. 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 …” „… to the ‘sovereign right’ to explore and exploit non-living resources within national jurisdiction …”

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

„… primary duties in Art. 139 (1), Art 4 (4) Annex III and the rest of Part XI. 14a) ‘damage caused by the …” „… , which possess sovereign rights regarding a certain item or territory, establish a special status for …” „… through universal participation and they are intended to serve community interests.29 Part XI fulfils …”

. Mouths of rivers S. 97-106

„… and duties inherent in sovereignty, whereas foreign vessels have privileges, in particular with the …” „… banks of a river which ‘form right angles with the shore of the open sea’, and where a direct line …” „… the extent of internal waters of rivers; and so for the status of the enclosed waters, with no rights …”

. Utilization of the living resources S. 494-507

„… mm 240.00mm which deal with the particular rights of land-locked and geographically disadvantaged …” „… access to fish stocks and the allocation of fishing rights developed alongside the general framework for …” „… optimum utilization and the allocation of fishing rights in the EEZ to other States. 7Whilst there is a …”

. Pollution by dumping S. 1408-1420

„… and the economic zone or on to the continental shelf shall not be carried out without the right to …” „… express prior approval of the coastal State, which has the right to permit, regulate and control such …” „… foreign vessels, including vessels exercising the right of innocent passage. Such laws and regulations …”

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

„… , jurisdiction and duties of the coastal State in the EEZ, Art. 77 on the rights of the coastal State over the …” „… right of coastal States to ‘regulate’ MSR, and for this reason this clause has been referred to as being …” „… . Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct …”

. Powers and functions S. 1133-1149

„… exercise of rights and privileges of membership pursuant to article 185; (n) to discuss any question or …” „… […]’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 m) ‘[…] to suspend the exercise of rights and privileges of membership pursuant to article 185 …” „… organs, their procedures, the allocation of rights of initiative and the relationship of its organs …”

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

„… sponsored contractor’s duties.60 Moreover, the Chamber, relying on Reg. 31 (5) Nodules Regulation and Reg …” „… embellished as a qualifier to an obligation addressed to UNCLOS State parties and not as a direct obligation …” „… may cause substantial pollution of or significant and harmful changes to the marine environment, they …”

. Use of terms S. 335-353

„… statehood in international law are included in Art. 1 of the Montevideo Convention of Rights and Duties of …” „… States that objectively fall within the definition of Art. 46 to enjoy archipelagic rights and privileges …” „… which would in turn unduly restrict third State navigation and overflight rights.78 22 Preparatory work …”

. Ice-covered areas S. 1567-1586

„… rights and performing their duties under this Part, States shall not discriminate in form or in fact …” „… should have due regard to the balance between the right of passage and the damage or potential damage to …” „… Ice-covered areas Article 234 Ice-covered areas Coastal States have the right to adopt and enforce …”

. 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 …” „… establish the duties to conserve and to cooperate in the conservation of the living resources of the high …” „… Kingdom, Relating to the Rights of Jurisdiction of United States in the Bering’s Sea and the Preservation …”

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

„… read as follows: ‘Rights in the Area and its resources 1. All rights in the resources of the Area are …” „… and exploitation.9 The Annex also mentioned that such passing would be without prejudice to the rights …” „… subject to alienation since all rights in resources are vested in mankind as a whole, and minerals …”

doi.org/10.5771/9783845258874

Christian Neuhäuser, Christoph Schuck - Military Interventions

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Christian Neuhäuser (ed.), Christoph Schuck (ed.)

Military Interventions

Series: International Politics: Perspectives from Philosophy and Political Science

Volume 1 2017

Results in this title

Matthias Heise, Christoph Schuck Rights or Duties to Intervene? The Battle for the Better Argument: Military Interventions between Norms and Interest S. 27-58

„… rights of enemy forces, i.e. protection from torture and from arbitrary executions etc., must be …” „… connotations of a universal concept of inviolable human rights on the one hand and the reluctance to employ …” „… Heise and Christoph Schuck 36 rights, if no UNSC resolution based on international treaties backs it …”

Uwe Steinhoff Is There a Duty to Militarily Intervene to Stop a Genocide? S. 59-80

„… fundamental features of imperfect duties, which […] ultimately render them inappropriate and unsuited to law …” „… defended on the basis solely of negative duties; is a logical corollary of the right to intervene; is a …” „… logical corollary of basic human rights; and stems from the moral obligation to respect humanity and …”

Christian Neuhäuser, Christoph Schuck Introduction: Military Interventions in the Crosshairs of Interdisciplinary Research S. 9-26

„… Interventions—what rights and duties do the intervening parties have? ____________________ 3 Fukuyama, Francis …” „… interventions—what role do government and non-government actors play in such interventions? 1. Rights or Duties …” „… Normative Foundations of, and Limits to, Military Enforcement of Human Rights across State Boundaries, in …”

Enrico Fels Beyond Military Interventions? The Shanghai Cooperation Organisation and its Quest for cuius regio, eius dicio S. 149-328

„… benefit, equal rights, consultations, respect for the diversity of cultures, and aspiration towards …” „… right to development should be protected. Mutual respect and equality are the basic norms of governing …” „… ’ sovereignty and international rights. A year later, Wang Yi, Yang’s successor as the PRC’s Foreign Minister …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Research Christian Neuhäuser and Christoph Schuck 9 Rights or Duties to Intervene? The Battle for the …” „… Christian Neuhäuser/Christoph Schuck (eds.) Considerations from Philosophy and Political Science …” „… International Politics: Perspectives from Philosophy and Political Science 1 ISBN 978-3-8487-3528-0 1 This …”

doi.org/10.5771/9783845278629

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