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The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction

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Chapter Summary

This chapter examines developments aimed at addressing enforcement gaps in the legal regime for areas beyond national jurisdiction (ABNJ) with particular reference to the principle of flag State jurisdiction. Against the broad backdrop of autopoietic theory, it will be demonstrated that these developments are both consistent with and necessary to the law of the sea's continued ability to meet the challenges posed by the anthropocene and the increasing impacts of human activities on the oceans. The theory of autopoiesis has its origins in the attempts by biologists to characterise the nature of living systems. Given the disingenuousness of the genuine link requirement, attention has become focused less on the rules for the granting of nationality and the requirements of establishing the genuine link, and more on articulating the precise duties and responsibilities of 'effective control' incumbent on States who choose to grant their flag.

Keywords: anthropocene; areas beyond national jurisdiction (ABNJ); autopoiesis; disingenuousness; enforcement gaps; legal regime



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