Due Diligence and Compliance with the Protocol on Environmental Protection to the Antarctic Treaty

Abstract

Due diligence standards have been read into treaty provisions for the protection for the environment and beyond in a wide range of international legal settings. The compliance provision of the Madrid Protocol on Environmental Protection to the Antarctic Treaty, Article 13, invites a similar analysis. Despite the doubts of ten years ago that a due diligence standard would be sufficient and appropriate for protecting the Antarctic environment the concept has arguably evolved to the point where it can provide an effective framework for operationalising States’ responsibilities under the Protocol as well as more widely in international environmental law, subject to adequate contextualisation.