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The Legal Nature and Content of ‘Due Regard’ Obligations in Recent International Case Law

In: The International Journal of Marine and Coastal Law
Author:
Mathias Forteau Professor, University Paris Nanterre; Member, Centre de droit international de Nanterre (CEDIN) France

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Abstract

The obligations of due regard under the United Nations Convention on the Law of the Sea (LOSC) share many characteristics with other similar standards. Their object and purpose is to ensure conciliation between conflicting concurrent or overlapping elements, in particular rights belonging to different States. This is the reason why, in procedural terms, the said obligations generally entail a duty to cooperate, to strike the most appropriate balance between the divergent rights or obligations at stake. Recent case-law confirms these general features and sheds more light on the nature and content of the obligations of due regard under both general international law and Articles 56(2) and 58(3) of the LOSC.

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