Due Diligence and the High Seas

Introduction






A Rediscovered Concept
A "Constitution for the Ocean in Search of Content
Due Diligence: A Bridge Between Instruments and Actors
Outline of the Thesis

Chapter I: The Development of the General Theory of Due Diligence

Introduction

Section 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification






The Theoretical Roots of Due Diligence: The State's Responsibility for Acts of Private Actors
The Early Judicial Practice on Due Diligence
Conclusion

Section 2: The Work of the International Law Commission






The Work of the ILC on State Responsibility
The Work of the ILC on State Liability
Conclusion

Chapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive Elements

Introduction

Section 1: The No-Harm Rule Confusion






The Tale of the Trail Smelter Arbitration
The Corfu Channel Overinterpretation
Conclusion

Section 2: Due Diligence: A Label of International Obligations






Due Diligence: The General Aspects
Due Diligence: Specificities of Environmental Law
Conclusion

Section 3: The Definition of Due Diligence and its Potential for the High Seas






Working Definition of Due Diligence
The Utility of Due Diligence on the High Seas
Conclusion

Chapter III: The Viability of Due Diligence on the High Seas

Introduction

Section 1: Legal Basis of Due Diligence Obligations on the High Seas






The UNCLOS: A Primordial Framework
The Compliance Agreement: Reinforcement of Effective Control
The FSA: A Primary Tool for International Cooperation
The Guidelines on Deep-Sea Fisheries
The FAO Code of Conduct for Responsible Fisheries and the IPOA-IUU
The Voluntary Guidelines for Flag State Performance: Filling the "Inability" Gap
Conclusion: The Internal and External Interplay of the UNCLOS

Section 2: Due Diligence Obligations and Control on the High Seas






Due Diligence and State-Owned Vessels
Due Diligence and Private Vessels
Conclusions on the Role of the Genuine Link

Chapter IV: Defining Due Diligence: From Interpretation to Law-Making

Introduction

Section 1: Due Diligence as an Informing Process






From Interpretation to Law-Making
The Critical Role of the Judge in the Determination of Diligence
Conclusion

Section 2: Shaping the UNCLOS for Modern Challenges






Informing the UNCLOS Through Due Diligence
Gaps and Limits of Due Diligence
Conclusion

Conclusion