Documents found
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3661.More information
Each of the member states of the European Economic Community (EEC) has extended, through a common agreement, its own fishing grounds to 200 miles, thus leading to the creation, since 1977, of the Community waters whose exploitation would be subjected to the common fisheries policy of the EEC. The widespread extension of fishing grounds throughout Europe together with the state of overfishing in the North-East Atlantic have led the EEC to elaborate a policy in order to protect the interests of its member states, to make their fishing vessels competitive, and to ensure the stability of the fishing industry. This paper looks into the implementation of the fisheries policy of the EEC, internally — namely access s rights to Community waters, the coordination of markets and producers, aid to modernize the vessels - as well as regarding foreign countries with whom agreements are sought in order to maintain historic fishing rights - specially in the North Atlantic - or in order to develop new fishing grounds - specially along the West African coast and in the Indian Ocean - a quarter of the EEC catch is made outside Community waters. France is deeply committed to the orientations of the EEC fisheries policy due to the importance of its fleet of trawlers fishing outside French waters and to the potential catch in the exclusive economic zone of its departments and territories overseas. The compromise signed by member states in 1983 is an important step towards the establishment of a true « Europe Fisheries ».
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3663.
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3664.
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3666.
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3667.
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3668.
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3669.
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3670.More information
The concept of due diligence is related to the theory of international obligations. The simple but yet complex idea is that diligence is an element of certain primary standards of the State, including the obligations of prevention. Its scope is limited to situations where the State is required to prevent or suppress certain damage. Rooted in the Roman system of law through the figure of the bonus pater familias, due diligence appears in the international legal order first in the area of neutrality before experiencing a fortune in other areas including the protection of foreigners, the security of foreign States, human rights, the environment. This article aims to demonstrate that due diligence has grown from a simple rule of neutrality to a customary norm of general international law before acquiring today the status of general principle applicable even in the absence of specific injunction of a primary standard. Then, it revisits the famous Alabama case to show that the legal regime of neutrality which has fully emerged in the mid eighteenth century was also the point of effervescence of the concept of due diligence in the international legal order.
Keywords: Due diligence, source du droit, obligation primaire, obligation de prévention, obligation de répression, neutralité, affaire de l'Alabama, droit de l'environnement, principe général, principe de précaution, droit prudentiel, Due diligence, source of law, primary norm, obligation of prevention, obligation of prosecution, neutrality, Alabama case, environmental law, general principle, precautionary principle, prudential law