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Logi Gunnarsson, Ulrike Mürbe, Norman Weiß - The Human Right to a Dignified Existence in an International Context

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Logi Gunnarsson (ed.), Ulrike Mürbe (ed.), Norman Weiß (ed.)

The Human Right to a Dignified Existence in an International Context

Series: Schriften des MenschenRechtsZentrums der Universität Potsdam

Volume 46 2019

Results in this title

Roland Pierik Do nation states share a responsibility to secure the necessary conditions for a dignified existence? S. 71-94

„… Do nation states share a responsibility to secure the necessary conditions for a dignified …” „… primarily discussed in the context of independent state responsibility. But the question is whether …” „… international law can also make sense of the concept of shared responsibility of multiple states for their …”

Abstracts S. 119-121

„… primarily discussed in the context of independent state responsibility. Can international law also make …” „… sense of the concept of shared responsibility of multiple states for their contribution to a single …” „… responsibility. The second part investigates whether multiple states can have a shared responsibility in …”

Galina Cornelisse Protecting human dignity across and within borders: the legal regulation of international migration in Europe S. 95-118

„… bearers by default: primary responsibility for protecting the rights of individuals lies with their state …” „… the responsibility of the expelling state under another provision than Articles 2 or 3 ECHR was under …” „… consequently such expulsion would entail the responsibility of the expelling state under Article 9 ECHR, the …”

Logi Gunnarsson, Norman Weiß Human Dignity and the Human Right to an Existence Worthy of Human Dignity S. 7-12

„… person (Cornelisse), corporate responsibility, shared responsibility, nation state responsibility (Pierik …” „… the duty of all state authority. (2) The German people therefore acknowledge inviolable and …” „… organization and resources of each State, of the economic, social and cultural rights indispensable for his …”

Titelei/Inhaltsverzeichnis S. 1-6

„… responsibility for loss caused to any individual or organization acting on or refraining from action as a result …” „… to determine the extent of a human right to a dignified existence? 55 Georg Lohmann Do nation states …” „… share a responsibility to secure the necessary conditions for a dignified existence? 71 Roland Pierik …”

Georg Lohmann How to determine the extent of a human right to a dignified existence? S. 55-70

„… included in the UDHR at the insistence of the communist states. Like other social human rights of the UDHR …” „… positive performance obligations of the state, which contradicted the, at that time, prevailing legal view …” „… binding under international law, was reformulated as follows: “The States Parties to the present Covenant …”

Christian Neuhäuser The Right to a Dignified Life On the Relation of Respect, Human Rights, and Justice S. 13-32

„… other human beings does not require treating everyone the same. We have a primary responsibility for our …” „… antagonism in this state. Only a theory of dignity that takes the right to live a life in dignity seriously …” „… ). “Relative Poverty as a Threat to Human Dignity: On the Structural Injustice of Welfare States", in H …”

doi.org/10.5771/9783845299297

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

„… ; Page size: 160.00mm 240.00mm Article 31 Responsibility of the flag State for damage caused by a …” „… international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a …” „… Sess. Suppl. 10, 54–68 (DARIO); ILC, Responsibility of States for Internationally Wrongful Acts, GA Res …”

. Responsibility and liability for damage S. 1962-1969

„… _impactofthearticlesonstate_responsibilitypreliminarydraftfinal.pdf; Esa Paasivirta, Responsibility of a Member State of an International Organization: Where Will It …” „… regards to State craft. Article 304 Responsibility and liability for damage The provisions of this …” „… ), 5–22; James Crawford, State Responsibility, MPEPIL, available at: http://www.mpepil.com.; James …”

. Responsibility and liability S. 2541-2545

„… who has responsibility in respect of any specific matter. The organization and the member States …” „… its Member States (2001); Moshe Hirsch, The Responsibility of International Organizations Toward Third …” „… (2011) Documents: ILC, Report of the International Law Commission: Responsibility of States for …”

. Responsibility and liability S. 1750-1758

„… III (1976), OR V, 173, 183 (Section 5 Responsibility and Liability): ‘1. States and competent …” „… ): the ‘responsibility to ensure’ that any MSR carried out by States or competent international …” „… measures taken by such States could be used to clarify the ‘responsibility to ensure’.23 Art. 139 (2 …”

. Responsibility and liability S. 1586-1592

„… Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their …” „… , Articles on the Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 158 Rosemary …” „… Law Commission: Responsibility of States for Internationally Wrongful Acts with Commentaries, UN Doc …”

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

„… arrangements with those States.31 Article 139 Responsibility to ensure compliance and liability for damage 1 …” „… . States Parties shall have the responsibility to ensure that activities in the Area, whether carried out …” „… Symposium on Responsibility of International Organizations and of (Member) States: Attributed or Direct …”

. Exhaustion of local remedies S. 1901-1905

„… ), 16; ILC, Responsibility of States for Internationally Wrongful Acts with Commentaries, UN Doc. A …” „… /56/10 (2001), GAOR 56th Sess. Suppl. 10, 59; ILC, Sixth Report on State Responsibility by Mr. Roberto …” „… on State Responsibility adopted in the first reading (admittedly, considering that it reflected …”

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

„… taken to secure compliance, although Art. 25 may be assumed to apply. Flag State responsibility for any …” „… : 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 international responsibility …”

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

„… ), 106; Douglas Guilfoyle, Defending Individual Ships from Pirates: Questions of State Responsibility and …” „… Immunity, in: Christine Chinkin/Freya Baetens (eds.), Sovereignty, Statehood and State Responsibility …” „… . Suppl. 9, 12–45; ILC, Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 of 12 …”

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

„… Convention on the Law of the Sea 1982: A Commentary, vol. III (1995); Philipp Wendel, State Responsibility …” „… ’. Such rules must include the ordinary principles of international law concerning State responsibility …” „… , Defending Individual Ships from Pirates: Questions of State Responsibility and Immunity, in: Christine …”

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

„… . Bibliography: James Crawford, The International Law Commission’s Articles on State Responsibility: Introduction …” „… the Sea, IJMCL 11 (1996), 179–200; Philipp Wendel, State Responsibility for the Interferences with the …” „… ; James Crawford, The International Law Commission’s Articles on State Responsibility: Introduction, Text …”

. Catadromous species S. 537-541

„… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. ‘[the host] State […] shall have responsibility for the management’ . . . . . . . . . . . 4 3 …” „… size: 160.00mm 240.00mm 2. ‘[the host] State […] shall have responsibility for the management’ 4 …” „… Responsibility for the management of catadromous species resides with the coastal State in whose waters the …”

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

„… words, the flag State would have been entrusted with enforcement responsibility in international areas …” „… not attributed to one single actor. Art. 139 (1), underlines the responsibility of the State Parties …” „… , repeats the responsibility of the sponsoring State to ensure, within its legal system, that contractors …”

. Declarations, notifications and communications S. 2533-2541

„… who has responsibility in respect of any specific matter. The organization and the member States …” „… 9.1.580; Page size: 160.00mm 240.00mm 4. Supremacy of obligations under UNCLOS toward third States …” „… words, the obligations of the international organization towards third States that are States Parties to …”

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

„… Part shall bear international responsibility for any loss or damage which results to States bordering …” „… Sea 1982: A Commentary, vol. IV (1991); Brian Smith, State Responsibility and the Marine Environment …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4. The Obligation and Responsibility of Foreign States …”

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

„… ), underlines the responsibility of the State Parties and international organizations to ensure that activities …” „… responsibility with the Authority, but, as the Tribunal further states, have in their relationship to it only a …” „… Oceans, IJMCL 27 (2012), 813–820; Philippe Gautier, Comments on Flag State’s Responsibility, Enforcement …”

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

„… favour of the indefinite retention of title with regards to State craft. Article 304 Responsibility and …” „… à Hubert Thierry (1998), 5–22; James Crawford, State Responsibility, MPEPIL, available at …” „… : http://www.mpepil.com.; James Crawford/Simon Olleson, The Continuing Debate on a UN Convention on State Responsibility …”

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

„… Context of the Primary Responsibility of the Coastal State, Goettingen Journal of International Law 7 …” „… Interpretation – The ITLOS Advisory Opinion of April 2015 on Flag State Responsibility for Illegal Fishing in the …” „… of the Sea (2nd edn. 2015) Documents: GA, Responsibility of States for Internationally Wrongful Acts …”

. 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

„… responsibility for conservation and management of fish stocks between the coastal State and other States whose …” „… Doc. A/3159 (1956), GAOR 11th Sess. Suppl. 9, 12–45; ILC, Responsibility of States for Internationally …” „… duty of flag State responsibility, it is silent on the precise content of that duty and on what …”

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

„… arrangements with those States.31 Article 139 Responsibility to ensure compliance and liability for damage 1 …” „… . States Parties shall have the responsibility to ensure that activities in the Area, whether carried out …” „… international law for States that are not parties to the Convention. Other than the prohibition of sovereignty …”

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

„… . This is the case, for example, with the responsibility of those on board a ship. In this respect, the …” „… parties.10 11 States themselves are liable for the non-fulfilment of their obligations regarding the …” „… States are further liable for damage resulting from the exercise of the powers of enforcement included in …”

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

„… of the Sea 1982: A Commentary, vol. IV (1991) Documents: ILC, Responsibility of States for …” „… marine environment whether or not the State that becomes aware of it itself has responsibility for the …” „… the Responsibility of States for Internationally Wrongful Acts (ASR)16 which sets out the …”

. Exercise of powers of enforcement S. 1532-1535

„… Stephens, The International Law of the Sea (2010); Philipp Wendel, State Responsibility for Interferences …” „… , Shipping Interdiction and the Law of the Sea (2009); Philipp Wendel, State Responsibility for Interferences …” „… compliance, thus avoiding potential damages, without prejudicing States’ responsibility and liability for the …”

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

„… , The International Law Commission’s Articles on State Responsibility: Introduction, Text and …” „… endanger navigation or create a hazard to ships, as well as give rise to State responsibility under …” „… consequentially lead to the responsibility of the enforcing State.12 It is a well-established rule of …”

. Anadromous stocks S. 528-537

„… shall have the primary interest in and responsibility for such stocks. 2. The State of origin of …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. ‘States [of origin] shall have the primary interest in and responsibility for such stocks …” „… the primary interest in and responsibility for such stocks’ 9 Art. 66 (1) recognizes that ‘States in …”

. Settlement of disputes S. 2545-2551

„… whether the organization or the Member States bear responsibility.27 In its advisory opinion, the ITLOS …” „… , to be an exception to the general rule, which is that of separate responsibility of States. ASR with …” „… a system of joint and several liability in case the international organization and its Member States …”

. Institution of civil proceedings S. 1553-1555

„… 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 …” „… instituted by another State would not ‘affect the institution of civil proceedings in respect of any claim …”

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

„… flag state.11 Indeed, it might also be considered an abrogation of flag State responsibility to strip …” „… ); Philipp Wendel, State Responsibility for Interferences with the Freedom of Navigation in Public …” „… ’. Such rules must include the ordinary principles of international law concerning State responsibility …”

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

„… S. Goodwin-Gill, State Responsibility and the ‘Good Faith’ Obligation in International Law, in …” „… : Malgosia Fitzmaurice/Danesh Sarooshi (eds.), Issues of State Responsibility before International Judicial …” „… binding rule of conduct, which, if breached, can incur State responsibility.2 Given that the UNCLOS …”

. Identification markings and warning signals S. 1747-1750

„… exploitation of resources. 6 In the case of deployment in the coastal zones of a State, the obligation …” „… contained in Art. 261 will bind both the coastal State, which authorises the deployment and sets the …” „… conditions for it, and the deploying State or international organisation, which actually puts the object into …”

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

„… a type of pollution. 17In this article, State responsibility is created in a negative way; concrete …” „… objective was to extend the responsibility of States for these human activities, regardless of their …” „… transformation from a liquid in a solid state and/or any physical or chemical change that does not eliminate or …”

Index S. 2554-2619

„… Articles on the Responsibility of States for Internationally Wrongful Acts 198 11 et seq. Artificial …” „… . – purpose and function 31 1 – responsibility of flag State 31 4 Decision of the ITLOS Annex VI 33 1 et seq …” „… 117 15 et seq. – flag State responsibility 117 16 – historical background 117 5 et seq. – illegal …”

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

„… against foreign vessels. Bibliography: Philipp Wendel, State Responsibility for Interferences with the …” „… International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries (2005 …” „… ; Philipp Wendel, State Responsibility for the Interferences with the Freedom of Navigation in Public …”

. 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 …”

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

„… on the private vessel will be responsible for the damage caused as a matter of State responsibility …” „… Pirates: Questions of State Responsibility and Immunity, in: Christine Chinkin/Freya Baetens (eds …” „… .), Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford (2015), 307–324; and …”

. Use of terms S. 2513-2518

„… intergovernmental organization constituted by States to which its member States have transferred competence over …” „… Agreements: Division of Powers Within the EEC and the Rights of Third States (1985); Claus-Dieter Ehlermann …” „… Relations Internationales 5/6 (1976), 287–296; Moshe Hirsch, The Responsibility of International …”

. 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 …” „… penal or disciplinary responsibility of the master or of any other person in the service of the ship, no …” „… administrative authorities either of the flag State or of the State of which such person is a national. 2. In …”

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

„… States is needed, the provision imposes general responsibility on all States – theoretically-, not merely …” „… not spread beyond the areas where they exercise sovereign rights’ 19The responsibility of States not …” „… regards to State responsibility for pollution damage outside their territory must be regarded as customary …”

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

„… is not known if the new formulation was meant to increase the responsibility or liability of States …” „… pollution may also be a type of pollution. 17In this article, State responsibility is created in a negative …” „… measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to …”

. Right of visit S. 768-773

„… Enforcement against Delinquent Vessels, ICLQ 35 (1986), 320–343; Philipp Wendel, State Responsibility for …” „… , Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 of 12 December 2001, Annex (Art. 20 ASR …” „… ; (c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has …”

. Borrowing power of the Authority S. 1225-1227

„… shall exercise borrowing; and (iv) splitting debts liability and responsibility from States Parties. 2 …” „… the borrowing power of the Authority’) and a responsibility provision (‘States Parties shall not be …” „… working capital fund at rates to be determined by the Assembly. 11 States and entities referred to in Art …”

Titelei/Inhaltsverzeichnis

„… .... .. .. .. .. .. .. .. .. .. 244 Article 31. Responsibility of the flag State for damage caused by a warship or other government …” „… community of States. Their negotiations at the Third United Nations Conference on the Law of the Sea …” „… development may take the form of State practice developing a uniform approach to the implementation of …”

. Piracy by a warship, government ship or government aircraft whose crew has mutinied S. 745-747

„… . Otherwise, violence against other vessels committed by a warship is a question of State responsibility (and …” „… responsibility and, possibly, the laws of armed conflict. 2. State violence at sea cannot be piracy 5As discussed …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. State violence at sea cannot be piracy …”

. Benefit of mankind S. 977-983

„… organization for the sphere of its derived competence. Again, however, the responsibility of the member State …” „… ; Page size: 160.00mm 240.00mm instructive in this matter: Both the sponsoring State’s and the …” „… reparation by the sponsoring State.59 4. ‘shall take appropriate measures to ensure the implementation of …”

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

„… responsibility of the flag State, to take measures or cooperate to ensure that nationals subject to their …” „… the jurisdictional linkages between States and natural or juridical persons found in customary …” „… fishing has led to the recognition of the need effectively to ‘pierce the flag State veil’ to attach …”

. System of exploration and exploitation S. 1081-1090

„… Wolfrum (note 3), 426 et seq. On the responsibility and liability of States parties, see …” „… States’ responsibility to ensure and regulates liability: ‘1. States Parties shall have the …” „… (4): ‘The sponsoring State or States shall, pursuant to article 139, have the responsibility to …”

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

„… Greece, that the coastal state concerned has the responsibility to designate the route or routes, in the …” „… by national laws of the coastal State as specified in Art. 42, but the quite useful Art. 42 (5) can …” „… be resorted to by the coastal State in respect of research or survey activities by ships entitled to …”

. Reservations and exceptions S. 1993-2002

„… not engage the international responsibility of the State or non-State actor concerned. While treaty …” „… not engage the international responsibility of the State or international organization which has …” „… Agreement, Annex, Section 3, para. 16, which states that‘[t]he provisions of Article 161, paragraph 1, of …”

. Advisory opinions S. 1275-1278

„… . Anton/Robert A. Makgill/Cymie R. Payne, Seabed Mining: Advisory Opinion on Responsibility and Liability …” „… 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 …”

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

„… Sea, vol. I (1991); Guy S. Goodwin-Gill, State Responsibility and the ‘Good Faith’ Obligation in …” „… International Law, in: Malgosia Fitzmaurice/Danesh Sarooshi (eds.), Issues of State Responsibility before …” „… State concerned.’ Similar provisions appeared in Art. 18 (3) and (4), which ultimately became Art. 298 …”

. Right of transit passage S. 294-301

„… that, if the strait is formed by an island of a State bordering the strait and its mainland, transit …” „… through the strait for the purpose of entering, leaving or returning from a State bordering the strait …” „… , subject to the conditions of entry to that State. 3. Any activity which is not an exercise of the right of …”

. Preliminary proceedings S. 1897-1901

„… Commentaries, UN Doc. A/61/10 (2006), 16; ILC, Responsibility of States for Internationally Wrongful Acts with …” „… Commentaries, UN Doc. A/56/10 (2001), GAOR 56th Sess. Suppl. 10, 59; ILC, Sixth Report on State Responsibility …” „… applicable to a dispute submitted to the ICJ. Art. 38 (1) of the ICJ Statute states: ‘The Court, whose …”

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

„… (2015) Cases: ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …” „… Authority. Art. 137 (3) stipulates that no State or person, natural or juridical, shall claim, exercise or …” „… Seabed Authority. Another view, favoured by developed States, was for a mechanism securing the …”

. Fact finding S. 2509-2513

„… 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 …” „… intergovernmental organization constituted by States to which its member States have transferred competence over …”

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

„… Context of the Primary Responsibility of the Coastal State, Goettingen Journal of International Law 7 …” „… Interpretation – The ITLOS Advisory Opinion of April 2015 on Flag State Responsibility for Illegal Fishing in the …” „… of the Sea (2nd edn. 2015) Documents: GA, Responsibility of States for Internationally Wrongful Acts …”

. Enforcement by flag States S. 1475-1488

„… Oceans, IJMCL 27 (2012), 813–820; Philippe Gautier, Comments on Flag State’s Responsibility, Enforcement …” „… flag State alone; it is rather a responsibility shared with the port State and the coastal State.7 Art …” „… the Greek draft provisions envisioned a responsibility partially shared between the flag State, the …”

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

„… jurisdiction over a vessel on the high seas, which State has responsibility for it under international law, and …” „… , Art. 66 recognises the primary interest in, and responsibility of, the ‘State of origin’, or the …” „… Article 116 Right to fish on the high seas All States have the right for their nationals to engage in …”

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

„… be seized ( Art. 105). 7 Art. 42 (5) covers the international responsibility of the flag State for …” „… 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 …”

. Sovereign immunity S. 1592-1597

„… international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a …” „… apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used …” „… , for the time being, only on government noncommercial service. However, each State shall ensure, by the …”

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

„… Jurisdiction, GA Res. 2749 (XXV) of 17 December 1970; ILC, Responsibility of States for Internationally …” „… Maritime Consultative Organization, 3 See ILC, Responsibility of States for Internationally Wrongful Acts …” „… foreign EEZ would be justified under the customary law of state responsibility. 2. ‘pursuant to …”

. Right of innocent passage S. 177-182

„… ), 323–325; Harvard Law School, Draft on ‘International Responsibility of States for Damage Done in Their …” „… which violate the rights of foreign vessels may incur international responsibility to the flag State …” „… applicable to all ships Article 17 Right of innocent passage Subject to this Convention, ships of all States …”

. Meaning of passage S. 182-187

„… which violate the rights of foreign vessels may incur international responsibility to the flag State …” „… distress in the context of State responsibility, the ILC referred to ‘a situation of serious danger, but …” „… accepted in academic writings, although commentators report some variations in the views of States and vary …”

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

„… , territorial integrity or political independence of States bordering the strait, or in any other manner in …” „… they apply to civil aircraft; state aircraft will normally comply with such safety measures and will at …” „… of Force by States (1963); Yoram Dinstein, War, Aggression and Self-Defence (3rd edn. 2001); Bing …”

. 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 …”

. The Legal and Technical Commission S. 1179-1188

„… or State or States concerned and report to the Council; (d) prepare assessments of the environmental …” „… Commission shall, upon request by any State Party or other party concerned, be accompanied by a …” „… representative of such State or other party concerned when carrying out their function of supervision and …”

. General obligation S. 1278-1288

„… exercised must be consistent with the State’s primary responsibility for marine environmental protection in …” „… with regard to the environmental responsibility of States towards the oceans. The Secretary General …” „… Section 1 General provisions Article 192 General obligation States have the obligation to protect and …”

. Ice-covered areas S. 1567-1586

„… Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their …” „… , Articles on the Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 158 Rosemary …” „… coastal State enforcement which excluded the applicability in relation to ‘warships, naval auxiliary or …”

. Signature S. 2518-2523

„… Member States. Consequently, this would also avoid problems concerning the responsibility for violations …” „… 9.1.580; Page size: 160.00mm 240.00mm transferred from the Member States to the organization. It appears …” „… the organization will need to take on the rights and duties provided for States under UNCLOS in …”

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

„… State responsibility, whereby a State which has committed an internationally wrongful act ‘is under an …” „… the Law of the Sea: Documents, vol. V (1984), 41 (Article 73). 45 ILC, Responsibility of States for …” „… to the rights of LLGDS provided for in Arts. 69 and 70 and ‘not to other States benefiting under the …”

. Investigation of foreign vessels S. 1538-1545

„… and may consequentially lead to the responsibility of the enforcing State.12 It is a well-established …” „… State Responsibility: Introduction, Text and Commentaries (2005), 77–80; James Crawford (ed …” „… 9.1.580; Page size: 160.00mm 240.00mm matter, if the State unlawfully prevents a vessel from sailing or …”

. Deployment and use S. 1732-1739

„… continental shelf must be exercised with due regard to the sovereign rights of the coastal State. If the scope …” „… 28 (2013), 729–736. 43 Gerard J. Mangone, The Effect of Extended Coastal State Jurisdiction over the …” „… , do not fly the flag of States, are not always fixed and their movements may be casual and independent …”

. Utilization of the living resources S. 494-507

„… issue by specifically for continuing flag State responsibility. Art. 4 of that treaty provides that ‘the …” „… sharks98 and sea turtles.99 10. Outlook 30Although international monitoring of coastal States …” „… contribute to closer international scrutiny of State practice in this respect: the target provides that by …”

. Nationality of Ships S. 693-701

„… vessels suspected of IUU fishing is an abrogation of flag State responsibility.42 III. Elements 1. ‘grant …” „… sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State’.22 …” „… Article 91 Nationality of Ships 1. Every State shall fix the conditions for the grant of its nationality …”

. 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 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘States …”

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

„… be seized ( Art. 105). 7 Art. 42 (5) covers the international responsibility of the flag State for …” „… 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 …”

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

„… of flag State responsibility to strip nationality from a vessel engaged in illicit activities rather …” „… 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 …”

. 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 …” „… Hegemony of the United States?—Comments on Raul (Pete) Pedrozo’s Article on Military Activities in the EEZ …”

. 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 …”

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

„… 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 …” „… itself, it ensures that other States are able to access this information. If it decides to provide the …”

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

„… the Authority, or States and sponsored contractors. Again, sovereign States cannot be expected to …” „… accept decisions on claims for damages or other remedies made by other States. The same goes for …” „… sponsored entities, due to the close link between them and the sponsoring State. Article 190 Participation …”

Preamble S. 2-18

„… a claim of responsibility or liability if a States Party were to act contrary to them. This is …” „… , State responsibility and dispute settlement. Therefore the States Parties desired ‘to develop’ the …” „… 9.1.580; Page size: 160.00mm 240.00mm Preamble The States Parties to this Convention, Prompted by the …”

. Applicable law S. 1894-1897

„… , Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 of 12 December 2001, Annex (ASR …” „… ; 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 …”

. Definition of warships S. 242-245

„… Art. 30 (compliance with laws and regulations of the coastal State), Art. 31 (responsibility of the …” „… 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 …”

. The Economic Planning Commission S. 1175-1179

„… qualifications. The Commission shall include at least two members from developing States whose exports of the …” „… interests of both importing and exporting countries, and in particular of the developing States among them …” „… , subparagraph (h), brought to its attention by the State Party or States Parties concerned, and make appropriate …”

. Measures to facilitate proceedings S. 1528-1532

„… Stephens, The International Law of the Sea (2010); Philipp Wendel, State Responsibility for Interferences …” „… proceedings In proceedings instituted pursuant to this Part, States shall take measures to facilitate the …” „… hearing of witnesses and the admission of evidence submitted by authorities of another State, or by the …”

. Protection of legitimate interests S. 1775-1779

„… economic loss related to the accommodation of the acquiring developing States. Hence, the financial …” „… resources needed for the acquisition of technology, which developing States cannot raise or cannot raise …” „… alone, are – more or less directly – granted by developed States to their industries. Other measures may …”

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

„… Enforcement against Delinquent Vessels, ICLQ 35 (1986), 320–343; Philipp Wendel, State Responsibility for …” „… 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 …”

. Status of ships S. 701-705

„… responsibility of the flag state on the high seas, each State should, to the greatest extent possible, take …” „… one State only and, save in exceptional cases expressly provided for in international treaties or in …” „… or change of registry. 2. A ship which sails under the flags of two or more States, using them …”

. 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

„… responsibility of the flag State for any loss or damage resulting to the archipelagic State, as per Art. 42 (5 …” „… continue in use unless substituted by the archipelagic State.81 This position is supported by the practice …” „… of a number of archipelagic States.82 Article 54 Duties of ships and aircraft during their passage …”

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

„… 9.1.580; Page size: 160.00mm 240.00mm 10The possibility established under the EC Directive on Port State …” „… Control17 for a State to refuse access to its ports and anchorages of ships that fly the flag of a State …” „… the case regarding ships flying the flag of a State that is not a party to a relevant international …”

. 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 …”

. 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 …” „… affect developing States. The Council is in charge of the means of compensation that will be available …”

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

„… international law reaffirms that potential responsibility is not merely limited to conventional rules. Article …” „… , Foreign Warships and Immunity for Espionage, AJIL 78 (1984), 53–75; Hazel Fox, The Law of State Immunity …” „… .), The United Nations Convention on the Immunities of States and their Property: A Commentary (2013 …”

. Safety zones S. 1741-1745

„… safety zones, otherwise the State will incur international responsibility.25 This implies respecting also …” „… scope of Arts. 60 and 80 are subject to the exclusive jurisdiction of the coastal State, there is no …” „… indication as to the necessity to register installations in State registries.17 The 1993 Draft Convention on …”

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

„… that it ‘gives a ‘license of reluctance’ to states in relation to their responsibility for taking …” „… 9.1.580; Page size: 160.00mm 240.00mm responsibility and liability’,68 – did acknowledge that the ‘rules …” „… setting out direct obligations of the sponsoring State could provide for different treatment for developed …”

. 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 …”

. Protection of the marine environment S. 1008-1029

„… Area’.34 Otherwise, according to the Chamber, the responsibility of sponsoring States would not extend …” „… . According to that provision, States have the ‘responsibility to ensure’ that private entities sponsored by …” „… ; Page size: 160.00mm 240.00mm There is only a duty of States Parties ‘to cooperate fully and …”

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

„… : ILC, Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 of 12 December 2001 …” „… . However, there is no need to understand it in this way because Art. 235 concerning liability of States (in …” „… regional basis States shall cooperate on a global basis and, as appropriate, on a regional basis, directly …”

. Duties of the coastal State S. 218-223

„… civilian vessels. This is reinforced by reference to Art. 220 (2),21 which permits coastal States to …” „… Duties of the coastal State 1. The coastal State shall not hamper the innocent passage of foreign ships …” „… coastal State shall not: (a) impose requirements on foreign ships which have the practical effect of …”

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

„… indicated on charts. The coastal State has responsibility to ensure this publicity. Compliance with …” „… ; Page size: 160.00mm 240.00mm The emphasis on State practice is correct, but this still leaves the …” „… State control could provide a useful proxy for determining the ‘general acceptance’ of States. In …”

. 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 …”

. Scientific and technical assistance to developing States S. 1347-1353

„… between the parties.’8 6 There is extensive state practice in the practical application of Art. 201, and …” „… Article 202 Scientific and technical assistance to developing States States shall, directly or through …” „… other assistance to developing States for the protection and preservation of the marine environment and …”

. Archaeological and historical objects S. 1053-1059

„… ; Page size: 160.00mm 240.00mm developed States is in line with the common heritage of mankind …” „… regard to the responsibilities and liability of a sponsoring State that, whether developing or developed …” „… , the ‘equality of treatment between developing and developed sponsoring States is consistent with the …”

. Formal confirmation and accession S. 2523-2528

„… its member States deposit or have deposited their instruments of ratification or accession. 2. The …” „… Member States of the Instruments of Ratification of the Convention on the Law of the Sea, COM (87) 403 …” „… States and International Organizations or between International Organizations, with Commentaries, adopted …”

. Highly migratory species S. 514-520

„… obligations are considered a shared responsibility among coastal States and States fishing highly migratory …” „… into account by States when establishing new subregional or regional fisheries organizations, or in …” „… finally noted that ITLOS emphasized the need to seek the cooperation also of States that are not members …”

. Normal baseline S. 46-61

„… concerns of statehood, national identity, refugee status, state responsibility, access to resources, and …” „… 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 …”

. Duties of the flag State S. 708-715

„… ), in theory, strengthens the system of flag State responsibility by providing that a State having …” „… 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 …”

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

„… ; Page size: 160.00mm 240.00mm United States, Canada, Greenland/Denmark). The Arctic Ocean measures …” „… Convention38 – the enhanced cooperation between the five Arctic coastal States, as laid down in the 2008 …” „… Declaration of Ilulissat,39 might be considered by third States to be a non-inclusive enterprise based upon …”

. 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

„… ; Page size: 160.00mm 240.00mm coastal State, but it is also necessary to work out precisely how the …” „… responsibilities of flag State interface with the responsibilities of the coastal State in this context. 29 Art. 62 …” „… (5) requires the coastal State to give ‘due notice’ of conservation and management laws and …”

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

„… a link, the State in question bears responsibility to protect the marine environment against …” „… 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 …”

. Definition of piracy S. 738-745

„… . Otherwise, violence against other vessels committed by a warship is a question of State responsibility (and …” „… 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 …”

. Marine mammals S. 520-528

„… shall have the primary interest in and responsibility for such stocks. 2. The State of origin of …” „… seas stocks of sharks are exploited by two or more States, the States concerned should strive to ensure …” „… sub-regional plans.40 The General Assembly has called upon States and RFMOs to urgently adopt measures to …”

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

„… international law of State responsibility, whereby a State which has committed an internationally wrongful act …” „… , Responsibility of States for Internationally Wrongful Acts, GA Res. 56/83 of 12 December 2001, Annex (Art. 31 (1 …” „… crew may be made by or on behalf of the flag State of the vessel.41 21At the same time, it is clear …”

. 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 …”

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

„… which States Parties shall, in accordance with this Part, organize and control activities in the Area …” „… 9.1.580; Page size: 160.00mm 240.00mm vention (1982); Juliane Kokott, States, Sovereign Equality, MPEPIL …” „… Relations and Co-operation among States in accordance with the Charter of the United Nations, GA Res 2625 …”

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

„… 9.1.580; Page size: 160.00mm 240.00mm Article 256 Marine scientific research in the Area All States …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘All States, irrespective of their geographical location, and competent international …” „… mm I. Purpose and Function 1 Art. 256 provides the right of all States and competent international …”

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

„… unable or unwilling to comply with its obligation. The primary responsibility of the flag State over its …” „… violations which correlates with the limited coastal State’s rights of interference in the EEZ under Art. 220 …” „… (3).56 The same (imperfect) obligation exists vis à vis the flag State making a request with regard to a …”

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

„… General provisions Article 266 Promotion of the development and transfer of marine technology 1. States …” „… and reasonable terms and conditions. 2. States shall promote the development of the marine scientific …” „… and technological capacity of States which may need and request technical assistance in this field …”

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

„… ), 323–325; Harvard Law School, Draft on ‘International Responsibility of States for Damage Done in Their …” „… 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 …”

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

„… agreements 1. This Convention shall prevail, as between States Parties, over the Geneva Conventions on the …” „… 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 or the performance of their obligations under …”

. 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 …”

. 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 …” „… of a conflict,97 or there is at least a presumption in favor of the coastal State.98 However, the …”

. Definition of the continental shelf S. 588-601

„… 1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas …” „… not extend up to that distance. 2. The continental shelf of a coastal State shall not extend beyond …” „… prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the …”

. Internal waters S. 85-97

„… State practice shows numerous examples of questionable straight baselines,128 the corresponding opinio …” „… of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance …” „… : http://www.mpepil.com; Anne Bardin, Coastal State’s Jurisdiction over Foreign Vessels, Pace International Law Review 14 …”

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

„… separately by the States concerned. The Almaty Programme of Action specifically encourages States to …” „… from the sea and freedom of transit 1. Land-locked States shall have the right of access to and from …” „… States shall enjoy freedom of transit through the territory of transit States by all means of transport …”

. Conservation of the living resources S. 481-494

„… ; Page size: 160.00mm 240.00mm continental shelf between States with opposite or adjacent coasts.90 It …” „… delimitation. Article 61 Conservation of the living resources 1. The coastal State shall determine the …” „… allowable catch of the living resources in its exclusive economic zone. 2. The coastal State, taking into …”

. 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 …” „… . 142 (3), according to which measures by a State are no longer confined to the aftermath of a marine …”

. 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 …” „… coastal State in the zone. 2. The coastal State shall have exclusive jurisdiction over such artificial …” „… regard to fishing, the protection of the marine environment and the rights and duties of other States …”

. Powers and functions S. 1133-1149

„… also confers great influence and responsibility on the SDC. Remarkably, however, the SDC rendered its …” „… developing States and peoples who have not attained full independence or other self-governing status. If the …” „… activities in the Area arising in particular for developing States, as well as those problems for States in …”

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

„… absolves States of their individual and collective responsibility for breaches of their obligations to …” „… cooperative action but provides no guidance on the actions that might be taken against States who fail to …” „… v. Canada) and EC v. Chile Swordfish cases102 indicate, unilateral attempts by States to act in …”

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

„… jurisdiction over its Economic Zone and third States or their nationals shall bear responsibility for damage …” „… neither to the coastal State nor to other States.79 In light of the territorial status of the EEZ as high …” „… involving the exploration for and exploitation of resources, […] tend to favor the interests of other states …”

. Pollution from vessels S. 1420-1444

„… question neither the flag State’s primary responsibility nor the navigational rights granted in the …” „… 9.1.580; Page size: 160.00mm 240.00mm Article 211 Pollution from vessels 1. States, acting through the …” „… , and pollution damage to the related interests of coastal States. Such rules and standards shall, in …”

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

„… 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 …” „… factors relied upon by States when nominating candidates for elections which are ‘susceptible, as an …”

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

„… State’s responsibility for establishing the outer limit of its continental shelf, under the Commission’s …” „… shelf is subject to the principle that, while it can be established only by the coastal State, its …” „… validity as against other States is dependent on its conformity with the requirements imposed by …”

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Literaturverzeichnis S. 461-492

„… Literaturverzeichnis A Abass, Ademola: Proving State Responsibility for Genocide: The ICJ in Bosnia …” „… )). Ago, Roberto: First Report on State Responsibility by Special Rapporteur Mr. Roberto Ago, UN Doc. A/CN …” „… .4/217, ILC Yearbook 1969, Vol. II, S. 125 ff. (zit.: Ago, First Report on State Responsibility (1969 …”

D. Die Zurechnung von Unternehmenshandlungen zum Staat im Völkerrecht S. 88-396

„… durch eine Kün- D. 270 S.o. B.IV.2. 271 Eagleton, The responsibility of states (1928), S. 77; Epiney …” „… .), Völkerrecht (2013), Rn. 25; Schweisfurth, Völkerrecht (2006), Kap. 7, Rn. 38; Smith, State Responsibility …” „… Christenson, in: Lillich (Hrsg.), International Law of State Responsibility (1983), S. 326 („[Attribution …”

A. Einleitung S. 25-31

„… der älteren Literatur Smith, State Responsibility (1988), S. 28 f.; Wälde/ Wouters, NYIL 1996, S. 146 …” „… . 210 ff.; Trapp, State Responsibility for International Terrorism (2011), S. 34 ff. 16 …” „… ., Arbitration and State Enterprises (1984), passim; ders., in: 60 Years of ICC Arbitration (1984), S. 117 ff …”

B. Das Internationale Investitionsrecht als Ausgangspunkt der Untersuchung S. 32-52

„… Codifications of the Law of State Responsibility (1974), S. 247; Ipsen, in: ders. (Hrsg.), Völkerrecht (2014), S …” „… .; Dugan/Wallace/Rubins/Sabahi, Investor-State Arbitration (2008), S. 15 f. 22 Zum diplomatischen Schutz siehe die Draft articles …” „… , Investor-State Arbitration (2008), S. 30 f.; Kempen/Hillgruber, Völkerrecht (2012), S. 113. Vgl. auch Art. 14 und …”

E. Zusammenführung der Ergebnisse S. 397-431

„… .1746 Allgemein-pob) 1741 Siehe Crawford, First Report on State Responsibility (1998), Ziff. 215 f. 1742 …” „… , Privatizing War (2013), S. 208; Crawford, First Report on State Responsibility (1998), Ziff. 215. 1744 Vgl …” „… Zurechnungsfragen allgemein Crawford, First Report on State Responsibility (1998), Ziff. 159, 199; Brownlie, State …”

Titelei/Inhaltsverzeichnis S. 1-24

„… ILC International Law Commission ILC-Entwurf Articles on the Responsibility of States for …” „… Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ICSID Review …” „… Materials ILR International Law Reports Iran-U.S. C.T.R. Iran – United States Claims Tribunal Reports IRLR …”

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Dan Kuwali, Gudmundur Alfredsson The Responsibility to Protect Minorities: The Question of Protection by Kin-States S. 62-68

„… majorities in the countries or societies where they live .”1) States have a responsibility to protect all …” „… responsibility to protect minorities beyond its borders .3) Although kin-States can provide assistance and fill …” „… capacity gaps The Responsibility to Protect Minorities: The Question of Protection by Kin-States Dan …”

Titelei/Inhaltsverzeichnis S. 49-50

„… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seiten 51–61 The Responsibility to Protect Minorities: The Question of Protection by Kin-States (Dan …” „… Minorities and Indigenous Peoples (Eide) The Responsibility to Protect Minorities (Kuwali/Alfredsson …” „… . Dan Kuwali und Gudmundur Alfredsson behandeln das Thema „Schutzverantwortung (Responsibility to …”

Alexandra Xanthaki Indigenous rights at the United Nations: Their impact on international human rights standards S. 69-77

„… objections by New Zealand, Canada, USA and Australia . Since 2007, all four states that had opposed it have …” „… rules of the Westphalian order that had privileged state actors over non-state actors, and privileged …” „… state sovereignty Indigenous rights at the United Nations: Their impact on international human rights …”

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Peter Ratz - International and European Law Problems of Investment Arbitration involving the EU

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Volume 41 2017

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3. Lack of protection due to ineffective mechanisms of attribution of conduct to the EU? S. 81-152

„… its Member State and the existence of potential responsibility gaps shall be analyzed. Focus on the …” „… Veil: The Responsibility of Member States of an International Organization, International Organizations …” „… Articles on State Responsibility.225 While they have not yet been adopted by the UN General Assembly and …”

Titelei/Inhaltsverzeichnis S. 1-28

„… ”2.1.2.8 57 Result2.1.2.9 57 Mixed agreements: Union, Member State or joint responsibility 2.2 58 The …” „… ” and the EC declaration to the ECT 2.2.3.1 73 Excursus: Responsibility of EU Member States for …” „… 100 The four scenarios of potential EU responsibility for the conduct of EU Member States 3.4 100 EU …”

5. Lack of protection due to ineffective enforcement mechanisms? S. 267-316

„… specific agreements is art. 55 of the ILC draft articles on the responsibility of states for …” „… articles on the responsibility of states for internationally wrongful acts codify under what circumstances …” „… the legal order of the 1113 ILC, Commentaries to the Draft Articles on Responsibility of States for …”

2. Lack of protection due to problems relating to the binding nature of relevant legal obligations for the EU? S. 39-80

„… : Union, Member State or joint responsibility It is plain clear that the EU Member States alone will be …” „… . 2.2 Mixed agreements: Union, Member State or joint responsibility 61 for political reasons,143 the …” „… of the responsibility of the EU and its Member States, irrespective of whether it has been explicitly …”

Bibliography S. 447-470

„… Press (2006). Eagleton, Clyde, The Responsibility of States in International Law, New York, New York …” „… , Sachenrecht, Familienrecht, thirteenth edition, Manz (2006). Köck, Konstantin, State Responsibility in Public …” „… States: Competence, Mixed Agreements, International Responsibility and Effects of International Law, EUI …”

7. Conclusion S. 443-446

„… responsibility to either the EU or its Member States would be possible in the case of the EU directing its Member …” „… mixed agreements. Chapter 3 has found that there are no major “responsibility gaps” with regard to …” „… agreements will be attributable to either the EU itself or its Member States. The ILC draft articles provide …”

1. Introduction S. 29-38

„… : International Organizations are no longer mere discussion fora for states, but active players on the …” „… international stage.1 They save states from sovereign default, deploy troops and conclude free trade and …” „… relations and international law. These systems have been created by and for states; ““benefits” to the …”

6. Lack of protection due to EU IIAs not being compatible with the case law of the cjeu? S. 317-442

„… Member States) and the potential existence of responsibility gaps at the level of primary obligations …” „… State responsibility in case of breach of EU law by domestic courts.1276 – As will be discussed below …” „… for a discussion of Opinion 1/09. See also Schill, supra note 389, p. 42. 317 Member States)12591260 …”

4. Lack of protection due to ineffective dispute settlement mechanisms? S. 153-266

„… invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility …” „… (New) Law of State Responsibility, EJIL, Vol. 24 No. 2, 2013, p. 643.). 4.2 Dispute settlement …” „… dispute settlement mechanisms provided for in “traditional” BITs (i.e., BITs concluded by and among states …”

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