Reflections on the role of due diligence in clarifying State discretionary powers in developing Arctic natural resources
Bibliographic Data
| ID | 9224281 |
|---|---|
| Authors | Nigel Bankes (0000-0002-2115-7395, University of Calgary, corresponding author) |
| Year | 2020 |
| Volume | 56 |
| Publication date | 2020-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Polar Record (JOURNAL) |
| Journal identifiers | ISSN: 0032-2474 • E-ISSN: 1475-3057 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0032247419000779 |
| OpenAlex | W3005154324 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
This article argues that the concept of diligence provides a useful role in clarifying (and perhaps narrowing) the discretionary powers of the State with respect to the development of natural resources. The claim has two branches. First, the concept of due diligence plays an important role in bridging the normative gap between the harms caused by private actors and the international law of State responsibility. It is the vehicle by which States can be made to assume responsibility for private developments within their jurisdiction and control that cause harm to other States. Second, the concept of due diligence plays an important role (a “generative role”) in teasing out the detailed logical implications of more abstract primary norms such as the duty of prevention. These derivative duties include the duties to make a preliminary assessment of whether the proposed activity may cause a risk of significant transboundary harm: to conduct an environmental impact assessment (EIA) if there is a risk of significant harm and, if the EIA confirms that risk, to notify and consult with respect to possible measures to prevent or mitigate that risk. The article demonstrates both of these claims through an examination of the jurisprudence of the International Court of Justice, the International Tribunal for the Law of the Sea and arbitral awards. Finally, the article applies these claims in the context of possible resource developments in Alaska, British Columbia and Yukon that may have transboundary implications
Business · Context (archaeology) · Due diligence · Geography · Harm · International law · Jurisdiction · Jurisprudence · Law and economics · Natural resource · Political science · Sociology · State responsibility · Arctic and Russian Policy Studies · International Arbitration and Investment Law · International Maritime Law Issues · Law
The Role of Law in International Politics
The ILC's Articles on Responsibility of States for Internationally Wrongful Acts
The Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention
Legality of the Threat or Use of Nuclear Weapons
Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,17 |
| Citation span | 2020 - 2020 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |