Three Functions of Due Diligence Obligations in the Prevention of Vessel-Source Marine Pollution from Arctic Shipping

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Authors: Yoshifumi Tanaka
Cited by: 0

Abstract

This article addresses the role of a due diligence obligation as a norm to remedy normative deficiencies in the international law of Arctic shipping arising from regulatory gaps. Specifically, three functions of a due diligence obligation are discussed: function as an obligation of conduct, the interstitial function, and the systemic function. It will be argued that through the three functions, to a certain extent, a due diligence obligation can contribute to remedying normative deficiencies in the international legal framework for preventing vessel-source marine pollution from Arctic shipping. At the same time, care must be taken in noting that the application of a due diligence obligation may be under challenges owing to its variable nature.

Fields of Study & Subjects

Arctic and Russian Policy Studies International Maritime Law Issues Law logistics and international trade

Publication details

Journal / source
Ocean Development & International Law
Volume
57
Issue
1
Pages
25–48
Publication date
2 January 2026
Language
EN