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Papanicolopulu, Irini (2020) 'Due Diligence in the Law of the Sea.' In: Krieger, Heike, Peters, Anne and Kreuzer, Leonhard, (eds.), Due Diligence in the International Legal Order. Oxford: Oxford University Press, pp. 147-162.

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Abstract

This chapter analyses due diligence obligations in law of the sea instruments, particularly in the 1982 United Nations Convention on the Law of the Sea. It demonstrates the linkage between general principles, their application to non-state actors via the due diligence obligations of states, and their eventual transformation into binding detailed technical standards, such as the ones incorporated in maritime safety conventions. The chapter advances an integrated reading of due diligence rules in the law of the sea and argues that increased reference to technical standards would facilitate their application in practice. Following a review of two advisory opinions—one of the International Tribunal for the Law of Sea and one of its Seabed Disputes Chamber—the chapter finally contextualises its core findings within the broader debate on the legal nature of due diligence and its primary or secondary character.

Item Type: Book Chapters
SOAS Departments & Centres: Departments and Subunits > School of Law
ISBN: 9780198869900
DOI (Digital Object Identifier): https://doi.org/10.1093/oso/9780198869900.003.0009
Date Deposited: 02 Jun 2024 07:49
URI: https://eprints.soas.ac.uk/id/eprint/41960

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