Land-Based Pollution of the Sea and Due Diligence Obligations

Abstract

The purpose of this paper is to analyze whether States have an obligation to control land-based pollution into the sea under Articles 207 and 213 of the United Nations Conventions on the Law of the Sea (UNCLOS), with reference to the due diligence obligation developed in the two Advisory Opinions rendered by the International Tribunal for the Law of the Sea and the recent Philippine v. China case. It is concluded that this obligation of due diligence could fill part of the gap left by the lack of implementation of Articles 207 and 213 of UNCLOS, which invite States to establish global and international rules to prevent, reduce and control pollution.

Keywords: law of the sea, land-based pollution, transboundary environmental harm, due diligence