02/13 - egal nature and content... - M. FORTEAU

Legal nature and content of “due regard” obligations in recent international case law - Mathias FORTEAU, Professor, Paris Nanterre University

International Workshop

PACIFIC AND MILITARY USES OF THE EXCLUSIVE ECONOMIC ZONE : EXPLORING COASTAL AND NON-COASTAL STATES’ OBLIGATION TO HAVE “DUE REGARD” TO RIGHTS AND DUTIES OF OTHER STATES IN THE UN CONVENTION ON THE LAW OF THE SEA
Monday, 29th January 2018
Paris 1 University

Organized by Yann KERBRAT, Professor, Paris 1 University

WELCOMING
Welcoming remarks, Georges HADDAD, President of the University Paris 1
Preliminary remarks, Yann KERBRAT, Professor, Paris 1 University

MORNING SESSION CHAIRED BY : Evelyne LAGRANGE, Professor, Paris 1 University

PANEL 1 – “DUE REGARD” OBLIGATIONS IN THE UNCLOS PROVISIONS RELATING TO THE EEZ: HISTORICAL AND CONTEMPORARY PERSPECTIVES
Genesis of the “due regard” obligations in UNCLOS - Shotaro HAMAMOTO, Professor, Kyoto University
Legal nature and content of “due regard” obligations in recent international case law - Mathias FORTEAU, Professor, Paris Nanterre University

Discussant: Rolf Einar FIFE, Ambassador of Norway in France, former Dir. of Legal Affairs of the Norwegian Ministry for Foreign Affairs

PANEL 2 – “DUE REGARD” OBLIGATIONS AND PACIFIC/ECONOMIC USES OF THE EEZ
“Due regard” obligations and fisheries in the EEZ - Tullio SCOVAZZI, Professor, Milano-Biococca University
“Due regard” obligations and the exercise of other freedoms in the EEZ - Yurika ISHII, Assistant Professor, National Defense Academy of Japan

Discussant : Frederik NAERT, Legal Advisor EU Council Legal Service, Senior Researcher KU Leuven

AFTERNOON SESSION CHAIRED BY : Raphaële RIVIER, Professor, Paris 1 University

PANEL 3 – “DUE REGARD” OBLIGATIONS AND THE LIMITATIONS OF MILITARY USES OF THE EEZ BY NON-COASTAL STATES
The rights of the coastal State as a limitation to third States’ military activities in the EEZ - Ioannis PREZAS, Assistant Professor, Paris 1 University
The respect of other State’s rights as a limitation to the military uses of the EEZ by third States - Geneviève BURDEAU, Emeritus Professor, Paris 1 University

Discussant : Pierre BOUSSAROQUE, Deputy Director of Legal Affairs, French Ministry for Foreign Affairs

PANEL 4 – THE LIMITATIONS OF MILITARY USES OF THE EEZ BY NON-COASTAL STATES : OTHER THAN “DUE REGARD” OBLIGATIONS IN THE UNCLOS
The limitations of the use of the EEZ by third States resulting from the law on the use of force and CBRN weapons - Charlotte BEAUCILLON, Assistant Professor, Paris 1 University
The limits of military activities by third States in the EEZ resulting from environmental law - Pascale RICARD, Ph.D., Paris 1 University

Discussant : Benjamin HAUTECOUVERTURE, Senior Research Fellow, Foundation for Strategic Research

CONCLUSIONS - Jean-Marc SOREL, Professor, Paris 1 University

WORKSHOP PRESENTATION
“Due regard” obligations have been formalized especially in articles 56(2) and 58(3) of the 1982 UN Convention on the Law of the Sea (UNCLOS), both relating to the exclusive economic zone. They have long remained dormant, but were recently reactivated by international practice in the 2016 South China Sea case (Philippines v. China). The Workshop aims at clarifying these “due regard” obligations, their nature and the conditions of their application, as well as the consequences of their violation. First, it will focus on their execution in relation to the exercise of UNCLOS rights (fishing, navigation, laying of submarine cables and pipelines, scientific research). Second, the emphasis will be put on military activities of non-coastal States, such as the launch of ballistic missiles or the test of nuclear materials, into or nearby the exclusive economic zone of another State. Based on the analysis of international case law as well as State practice,
our discussions will gather academics’ and practitioners’ exprtise in the fields of public international law, international law of the sea, and law of international security.