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Informationen zum Autor Armando Rocha is Associate Dean of Católica Global School of Law, and Professor of International Law at the Lisbon School of Law, Portugal. Vorwort This is an innovative new study on the role of private actors in the role of international law, in particular as it relates to the law of the sea. Zusammenfassung This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law. Inhaltsverzeichnis 1. Introduction 1. Setting the Scene 1.1. The Position of Private Actors in the LOSC 1.2. An Historical Account of Private Actors’ Apartheid from International Law and the Law of the Sea 1.2.1. The Gradual Building of the Vattelian Premise 1.2.2. The Ongoing Erosion of the Vattelian Premise 1.3. Private Actors’ Participation through Interpretation 2. Scheme of the Book 2. Participation of Private Actors as Subjects of Law 1. The Epistemological Function of Legal Personality 2. The Concept of Legal Personality in the Theory of Law 3. States’ International Legal Personality: A Historical Redundancy 3.1. States as the Centrepiece of International Law 3.2. Reaffirming the Redundancy: States-only Conception of International Legal Personality 3.3. The Advent of Private Actors: Individuals-only Conception of International Legal Personality 4. Criteria for Assessing the International Legal Personality of Private Actors 4.1. The Criteria Adopted by the ICJ 4.2. A Composite Concept of International Legal Personality of Private Actors 4.3. A Procedural Concept of International Legal Personality4.4. A Formal Concept of International Legal Personality 5. The Source of a Misconception: Legal Personality and Legal Capacity 5.1. The Ordeals of Private Actors’ International Legal Personality 5.2. Single (Not Multiple) Legal Personality 5.3. Legal Personality as a Status Prior to a Given Legal Order 5.4. An Open and Empty Concept(ion) 5.5. An Inclusive Concept(ion) 6. Conclusion 3. Unveiling Private Actors’ Entitlements 1. Entitlements Deriving from Freedom of Navigation 1.1. The Right of Innocent Passage 1.2. The Role of Nationality of a Vessel as a Condition for the Enjoyment of Navigational Entitlements 2. The Puzzling Reference to Ships 2.1. Ships as Apparent Rights-holders 2.2. The Pragmatic Reason for Assigning Rights to Ships 3. States and Private Actors Navigational Rights-holders 3.1. States as Navigational Rights-holders 3.2. Private Actors as Navigational Rights-holders 3.2.1. The Structure and Obligational Scope of the LOSC’s Provisions 3.2.2. Conferral of Rights Irrespective of Direct Effect 4. Intertwining the Position of Ship-owners and Flag States 4.1. The Genuine Link Requirement 4.2. The Indirect Responsibility of the Flag State4.3. The Obligation of Due Diligence 5. Right to Compensation 5.1. The Grounds for Lawful Interference with Navigation 5.2. The Holder of the Right to Compensation 6. Conclusion 4. The Narrow Reading of Explicit Private Actors’ Entitlements 1. Rights Emerging from the Activities in the Area 1.1. The Ontological Function of the (State-like) Authority 1.2. The Participation of Private Miners in Activities in the Area 1.3. Entitlements of Private Miners 1.3.1. Pre-contractual Rights of the Applicants 1.3.1.1. Selection of the Contractor. Right to the Approval of the Plan of Work 1.3.1.2. Procedural Entitlements of the Applicants 1.3.2. Contractual Entit...
