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Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea (eBook)

Armando Rocha

ISBN13: 9781509948055
Published: September 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £38.69
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Also available as
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9781509948048
£95.00

This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.

Subjects:
Public International Law, eBooks
Contents:
1. Introduction
1. Setting the Scene
1.1. The Position of Private Actors in the LOSC
1.2. An Historical Account of Private Actors' Apartheid from International Law and the Law of the Sea
1.2.1. The Gradual Building of the Vattelian Premise
1.2.2. The Ongoing Erosion of the Vattelian Premise
1.3. Private Actors' Participation through Interpretation
2. Scheme of the Book
2. Participation of Private Actors as Subjects of Law
1. The Epistemological Function of Legal Personality
2. The Concept of Legal Personality in the Theory of Law
3. States' International Legal Personality: A Historical Redundancy
3.1. States as the Centrepiece of International Law
3.2. Reaffirming the Redundancy: States-only Conception of International Legal Personality
3.3. The Advent of Private Actors: Individuals-only Conception of International Legal Personality
4. Criteria for Assessing the International Legal Personality of Private Actors
4.1. The Criteria Adopted by the ICJ
4.2. A Composite Concept of International Legal Personality of Private Actors
4.3. A Procedural Concept of International Legal Personality
4.4. A Formal Concept of International Legal Personality
5. The Source of a Misconception: Legal Personality and Legal Capacity
5.1. The Ordeals of Private Actors' International Legal Personality
5.2. Single (Not Multiple) Legal Personality
5.3. Legal Personality as a Status Prior to a Given Legal Order
5.4. An Open and Empty Concept(ion)
5.5. An Inclusive Concept(ion)
6. Conclusion
3. Unveiling Private Actors' Entitlements
1. Entitlements Deriving from Freedom of Navigation
1.1. The Right of Innocent Passage
1.2. The Role of Nationality of a Vessel as a Condition for the Enjoyment of Navigational Entitlements
2. The Puzzling Reference to Ships
2.1. Ships as Apparent Rights-holders
2.2. The Pragmatic Reason for Assigning Rights to Ships
3. States and Private Actors Navigational Rights-holders
3.1. States as Navigational Rights-holders
3.2. Private Actors as Navigational Rights-holders
3.2.1. The Structure and Obligational Scope of the LOSC's Provisions
3.2.2. Conferral of Rights Irrespective of Direct Effect
4. Intertwining the Position of Ship-owners and Flag States
4.1. The Genuine Link Requirement
4.2. The Indirect Responsibility of the Flag State
4.3. The Obligation of Due Diligence
5. Right to Compensation
5.1. The Grounds for Lawful Interference with Navigation
5.2. The Holder of the Right to Compensation
6. Conclusion
4. The Narrow Reading of Explicit Private Actors' Entitlements
1. Rights Emerging from the Activities in the Area
1.1. The Ontological Function of the (State-like) Authority
1.2. The Participation of Private Miners in Activities in the Area
1.3. Entitlements of Private Miners
1.3.1. Pre-contractual Rights of the Applicants
1.3.1.1. Selection of the Contractor. Right to the Approval of the Plan of Work
1.3.1.2. Procedural Entitlements of the Applicants
1.3.2. Contractual Entitlements of Private Miners
1.3.3. The Locus Standi of Private Miners in Disputes Arising Out of Deep Seabed Mining
1.4. The Responsibility of Private Miners, the Authority and Sponsoring States
1.4.1. The Accountability of Private Miners and the Authority
1.4.2. The Accountability of Sponsoring States
2. The Locus Standi of Private Actors in Prompt Release Applications
2.1. The Function of Prompt Release Proceedings in the Framework of the LOSC
2.2. The Submission of Applications on Behalf of the Flag State
2.3. The Importance of Having Remedies
3. Conclusion
5. Taking Systemic Interpretation Seriously
1. The Common Genetic Code of the Law of the Sea and Human Rights Law
2. The Application of Human Rights Treaties at Sea
2.1. Jurisdiction as a Precondition of Human Rights Application
2.2. Human Rights Jurisdiction at Sea
3. Human Rights in the LOSC: Particularly, Repression of Slavery and the Protection of Human Life
3.1. Repression of Slavery
3.1.1. What Amounts to Slavery?
3.1.2. The Obligational Scope of Articles 99 and 110(1)(b) of the LOSC
3.2. The Protection of Life at Sea
3.2.1. Protection of Life under Article 98 of the LOSC
3.2.2. Protection of Life under Article 146 of the LOSC
4. Conclusion
6. Conclusion

Series: Studies in International Law

Cover of Rebellious Jurisprudence: Judicial Dissent and International Law
Rebellious Jurisprudence: Judicial Dissent and International Law
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To be published August 2028
Hart Publishing
£65.00
Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
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ISBN 9781509971299
To be published February 2027
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£44.99
Non-State Effective Territorial Entities: Re-Thinking Capacity and Responsibility in International Law
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ISBN 9781509994519
To be published February 2027
Hart Publishing
£90.00
Social Hierarchies in Catastrophic Times: International Law, Critique, and Structural Change
Edited by: Tor Krever, lys Kulamadayil, Praggya Surana
ISBN 9781509993215
To be published December 2026
Hart Publishing
£95.00
Cover of A Central Asian Perspective on International Law (eBook)
A Central Asian Perspective on International Law (eBook)
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ISBN 9781509935505
Published April 2026
Hart Publishing
£85.50

Due to a technical issue some ebooks are not available to order.

Cover of A Central Asian Perspective on International Law
A Central Asian Perspective on International Law
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ISBN 9781509935499
Published April 2026
Hart Publishing
£95.00
Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971343
Published November 2025
Hart Publishing
£41.99
Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
Marko Svicevic
ISBN 9781509971251
Published August 2025
Hart Publishing
£90.00
Cover of The United Nations Security Council and the Authorisation of Force (eBook)
The United Nations Security Council and the Authorisation of Force (eBook)
Marko Svicevic
ISBN 9781509971268
Published August 2025
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of Responses to Sea Migration and the Rule of Law
Responses to Sea Migration and the Rule of Law
Katia Bianchini
ISBN 9781509978489
Published August 2024
Hart Publishing
£90.00
Cover of Responses to Sea Migration and the Rule of Law (eBook)
Responses to Sea Migration and the Rule of Law (eBook)
Katia Bianchini
ISBN 9781509978496
Published August 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
Felix Fouchard
ISBN 9781509971312
Published May 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971305
Published May 2024
Hart Publishing
£90.00
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948130
Published March 2023
Hart Publishing
£42.99
Cover of The Responsibility to Protect and the Failures of the United Nations Security Council
The Responsibility to Protect and the Failures of the United Nations Security Council
P.M. Butchard
ISBN 9781509968701
Published December 2022
Hart Publishing
£42.99
Cover of Judicial Deference in International Adjudication: A Comparative Analysis
Judicial Deference in International Adjudication: A Comparative Analysis
Johannes Hendrik Fahner
ISBN 9781509943463
Published February 2022
Hart Publishing
£54.99
Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509944101
Published January 2022
Hart Publishing
£38.99
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509943937
Published November 2021
Hart Publishing
£42.99
Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Natalie L. Dobson
ISBN 9781509935826
Published September 2021
Hart Publishing
£95.00
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948048
Published September 2021
Hart Publishing
£95.00
Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Natalie L. Dobson
ISBN 9781509935833
Published September 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law
Mariagiulia Giuffré
ISBN 9781509954759
Published August 2021
Hart Publishing
£42.99
Cover of The Law of Humanity Project: A Story of International Law Reform and State-making
The Law of Humanity Project: A Story of International Law Reform and State-making
Ukri Soirila
ISBN 9781509938919
Published August 2021
Hart Publishing
£90.00
Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
Saeed Bagheri
ISBN 9781509950515
Published August 2021
Hart Publishing
£95.00
Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
Saeed Bagheri
ISBN 9781509950522
Published August 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
Ukri Soirila
ISBN 9781509938926
Published August 2021
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509952281
Published July 2021
Hart Publishing
£44.99
Cover of Predictability and Flexibility in the Law of Maritime Delimitation
Predictability and Flexibility in the Law of Maritime Delimitation
Yoshifumi Tanaka
ISBN 9781509952144
Published June 2021
Hart Publishing
£49.99
Cover of Allocating International Responsibility Between Member States and International Organisations
Allocating International Responsibility Between Member States and International Organisations
Nikolaos Voulgaris
ISBN 9781509946044
Published March 2021
Hart Publishing
£39.99
Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
Imogen Saunders
ISBN 9781509936076
Published February 2021
Hart Publishing
£40.49

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Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
Imogen Saunders
ISBN 9781509936069
Published February 2021
Hart Publishing
£100.00
Cover of Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (eBook)
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (eBook)
Paul McDonough
ISBN 9781509919710
Published December 2020
Hart Publishing
£35.09

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Cover of Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Paul McDonough
ISBN 9781509919703
Published December 2020
Hart Publishing
£95.00
Cover of Prosecutorial Discretion at the International Criminal Court (eBook)
Prosecutorial Discretion at the International Criminal Court (eBook)
Anni Pues
ISBN 9781509928699
Published July 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509928682
Published July 2020
Hart Publishing
£100.00
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509922536
Published May 2020
Hart Publishing
£100.00
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
Britta Sjostedt
ISBN 9781509922543
Published May 2020
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law
Mariagiulia Giuffré
ISBN 9781509902491
Published February 2020
Hart Publishing
£100.00
Cover of The Readmission of Asylum Seekers under International Law (eBook)
The Readmission of Asylum Seekers under International Law (eBook)
Mariagiulia Giuffré
ISBN 9781509902521
Published February 2020
Hart Publishing
£38.69

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Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Eithne Dowds
ISBN 9781509921898
Published January 2020
Hart Publishing
£95.00
Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Eithne Dowds
ISBN 9781509921904
Published January 2020
Hart Publishing
£35.99

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Cover of The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
Christy Shucksmith
ISBN 9781509935727
Published December 2019
Hart Publishing
£35.99
Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
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ISBN 9781509929504
Published December 2019
Hart Publishing
£40.49

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Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509929498
Published December 2019
Hart Publishing
£100.00