Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship

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SALEHI JAVAD

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:21 | Issue:63 Page(s): 239-267

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Information Journal Paper

Title

Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

Precautionary principleQ1

Due RegardQ1

Convention on the Law of the SeaQ1

Flag StateQ1

Exclusive Economic ZoneQ1

Abstract

Illegal performance of the flagship is one of the issues discussed in the Convention on the Law of the Sea, for which the guarantee is not enforced. Nevertheless, the capacity of the legal principles and international environmental instruments and the jurisprudence of international authorities is pivotal. Judicial procedure of international authorities also rely on the ‘ Precautionary principle’ and ‘ Due Regard’ of the Flag State. The guarantee of cooperation between Flag State and flagship with coastal State and the regional fisheries organizations is considered as shared obligations and responsibilities of the parties. However, this approach is a kind of pledge done that is not accompanied by a guarantee of liability for the compensation to the coastal state. However, the coastal state's approach to the denial of the credibility and reputation of the Flag State for the illegal operation of its ship is only a guarantee in order to prevent repetition of similar cases in the future.

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APA: Copy

SALEHI, JAVAD. (2019). Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(63 ), 239-267. SID. https://sid.ir/paper/225307/en

Vancouver: Copy

SALEHI JAVAD. Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;21(63 ):239-267. Available from: https://sid.ir/paper/225307/en

IEEE: Copy

JAVAD SALEHI, “Approach of Coastal State and Flag State in Light of Instruments and Principles of International Law Confronting the Illegal Performance of the Flagship,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 63 , pp. 239–267, 2019, [Online]. Available: https://sid.ir/paper/225307/en

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