Due Diligence In The Treatment Of Marine Environmental Pollution

Due Diligence is derived from the "neighborly principle",which means that the use of one’s own property must not be detrimental to the interests of others.This concept has been widely reflected in international human rights law.Since the 19 th century,this principle has been developed from individuals to states to regulate the behavior of states.Due diligence in environmental law has been gradually enriched and developed,and some representative cases have had a profound impact on international environmental law.At present,marine environmental pollution control has become an issue of general concern to the international community.However,due to the development and utilization of marine resources by various countries,the conflict of interests between national development and economic interests has become more and more obvious,together with increasing impact on ecological environment and human survival.The fact that Japan plans to discharge nuclear effluent from the Fukushima nuclear power plant into the sea in 2023 has aroused widespread concern,which makes us think about what approach should be taken to control marine environmental pollution in international law.This paper discusses the current problems of marine environmental pollution control in China from the perspective of the current international law system,and explores how it can provide a new legal framework for the current marine environmental pollution control with its flexible theoretical connotation from the perspective of the due diligence of international environmental law.On this basis,this paper discusses the challenges that due diligence will face from the characteristics of marine environmental pollution governance nowadays and proposes corresponding suggestions.Firstly,this paper introduces the international law system on the governance of marine environmental pollution in general and elaborates on it at two levels,pointing out the legal regulatory dilemma currently being faced.One,it manifests itself as a practical conflict between the interests of the state and the interests of the marine environment,the protection of which inevitably leads to a certain degree of weakening of the scope of the sovereign rights of the state,and how to balance the contradiction between the two is the key.Secondly,there are also some problems with the application of international legal instruments in practice,such as the content of the treaty and the mandatory binding force.Secondly,under the above analysis of the current situation and dilemma,it is reasonable and necessary to introduce and argue for due diligence in marine environmental pollution governance.Due diligence theory has been established and developed in many judicial precedents,such as the arbitration case of the Alabama claim,the Trail Smelter case,the Corfu Channel case and the Uruguay Pulp Mills case.The legal standard,definition and shift in status of due diligence were established in the earlier judicial practice,while due diligence has been developed again in the cases since the 21 st century.The concept of due diligence is difficult to specify,but the Uruguay River Pulp Mills case conceptualized due diligence in the law of the sea and at the same time acquired its characteristics.The breach of due diligence and liability,and the relationship between due diligence and other obligations have also been clarified.Through these theoretical arguments,we can obtain the legal effectiveness of due diligence in relation to marine environmental pollution management,risk management of marine environmental pollution management,reconciliation of national sovereign interests with the interests of the marine environment,supplementing the international law system and paying attention to international institutions and their own capabilities.Finally,the paper focuses on the construction of a framework for due diligence in marine environmental pollution governance.Due diligence in marine environmental pollution governance is conceptualized at three levels,including the core elements of due diligence,procedural content,liability and remedies,of which ’reasonableness’ and’good faith’ are the two core elements;and three specific The framework of due diligence is complemented by three specific codes of conduct,as well as environmental impact assessment,notification and notification,consultation and negotiation.In the construction of due diligence,liability and remedies for breach of due diligence should be added,and the boundaries of liability should be clarified.The construction of this framework also faces many challenges,and it is crucial that these challenges are addressed and recommendations made.This paper uses the Paris Agreement as an important model to illustrate the necessity and feasibility of developing an international treaty on marine environmental pollution control,and to make recommendations for better implementation of due diligence in the context of international cooperation,regional coordination and management,and public participation.