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Responsibility and Liability for Damage Arising Out of Activities in the Area

7 Feb 2019

The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] Generally, proceedings for damage claims may be initiated in the courts of the place where damage is suffered or, in other words, the injured party’s state; the place where the harmful activity is located; or the place where the defendant is domiciled.22 For deep seabed mining, the relevant national court would be the court in the injured 18 Indeed, the GLE constituted to consider the dispute sett [...] This does not have a straightforward “controversial legal concept,”32 and there existed answer, emblematic of the questions on liability no agreement on a workable definition.33 In that usually arise in the context of the global the troubled attempts to implement the CHM principle in various treaty regimes from the law of the sea, to outer space, to Antarctica, the 34 Agreement relating to the imp [...] Further, while the to CHM resources by the ISA against the Assembly does not have the authority to initiate contractor under article 187(c)(i) covering disputes proceedings, it can reject the recommendation of relating to the “interpretation or application the Council on any matter and return the matter of a relevant contract or a plan of work” or to the Council for further consideration, and the [...] In delete the reference to jus cogens and the language found in article 53 of the case of the latter, humankind is the ultimate the Vienna Convention on the Law of Treaties.
human rights politics economics biodiversity international law arbitration business customary international law damages ethics jus cogens contract immunity court centre for international governance innovation arbitral tribunal contractual common heritage of mankind
Pages
36
Published in
Waterloo, ON, CA

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