Tony Cabus is a Post-Doctoral researcher at the Graduate School of International Cooperation Studies (GSICS) in Kobe University, Japan. His research focuses on the law of State responsibility and the law of the sea with the aim of providing solutions for a better protection of our oceans. He has obtained a PhD in international law from GSICS in Kobe University (2017-2020), a master degree in international and European law from both Grenoble-Alpes University (2014-2015) and Aix-Marseille University (2011-2012) in France, and, a Bachelor degree from the University of Picardy in Amiens. He was also a participant in the 2019 Summer Academy of the International Foundation for the Law of the Sea in Hamburg; and, an assistant in the 2017 edition of the International Symposium on the Arctic in Kobe. He was a beneficiary of the MEXT Scholarship from the Japanese Ministry of Education, Culture, Sports, Science and Technology and an awardee of the Ryoso Award from the Ryosokai association.

• Introduction A Rediscovered ConceptA "Constitution for the Ocean in Search of ContentDue Diligence: A Bridge Between Instruments and ActorsOutline of the ThesisChapter I: The Development of the General Theory of Due DiligenceIntroductionSection 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification The Theoretical Roots of Due Diligence: The State’s Responsibility for Acts of Private ActorsThe Early Judicial Practice on Due DiligenceConclusionSection 2: The Work of the International Law Commission The Work of the ILC on State ResponsibilityThe Work of the ILC on State LiabilityConclusionChapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive ElementsIntroductionSection 1: The No-Harm Rule Confusion The Tale of the Trail Smelter ArbitrationThe Corfu Channel OverinterpretationConclusionSection 2: Due Diligence: A Label of International Obligations Due Diligence: The General AspectsDue Diligence: Specificities of Environmental LawConclusionSection 3: The Definition of Due Diligence and its Potential for the High Seas Working Definition of Due DiligenceThe Utility of Due Diligence on the High SeasConclusionChapter III: The Viability of Due Diligence on the High SeasIntroductionSection 1: Legal Basis of Due Diligence Obligations on the High Seas The UNCLOS: A Primordial FrameworkThe Compliance Agreement: Reinforcement of Effective ControlThe FSA: A Primary Tool for International CooperationThe Guidelines on Deep-Sea FisheriesThe FAO Code of Conduct for Responsible Fisheries and the IPOA-IUUThe Voluntary Guidelines for Flag State Performance: Filling the "Inability" GapConclusion: The Internal and External Interplay of the UNCLOSSection 2: Due Diligence Obligations and Control on the High Seas Due Diligence and State-Owned VesselsDue Diligence and Private VesselsConclusions on the Role of the Genuine LinkChapter IV: Defining Due Diligence: From Interpretation to Law-MakingIntroductionSection 1: Due Diligence as an Informing Process From Interpretation to Law-MakingThe Critical Role of the Judge in the Determination of DiligenceConclusionSection 2: Shaping the UNCLOS for Modern Challenges Informing the UNCLOS Through Due DiligenceGaps and Limits of Due Diligence ConclusionConclusion

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Tony Cabus is a Post-Doctoral researcher at the Graduate School of International Cooperation Studies (GSICS) in Kobe University, Japan. His research focuses on the law of State responsibility and the law of the sea with the aim of providing solutions for a better protection of our oceans. He has obtained a PhD in international law from GSICS in Kobe University (2017-2020), a master degree in international and European law from both Grenoble-Alpes University (2014-2015) and Aix-Marseille University (2011-2012) in France, and, a Bachelor degree from the University of Picardy in Amiens. He was also a participant in the 2019 Summer Academy of the International Foundation for the Law of the Sea in Hamburg; and, an assistant in the 2017 edition of the International Symposium on the Arctic in Kobe. He was a beneficiary of the MEXT Scholarship from the Japanese Ministry of Education, Culture, Sports, Science and Technology and an awardee of the Ryoso Award from the Ryosokai association.

• Introduction A Rediscovered ConceptA "Constitution for the Ocean in Search of ContentDue Diligence: A Bridge Between Instruments and ActorsOutline of the ThesisChapter I: The Development of the General Theory of Due DiligenceIntroductionSection 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification The Theoretical Roots of Due Diligence: The State’s Responsibility for Acts of Private ActorsThe Early Judicial Practice on Due DiligenceConclusionSection 2: The Work of the International Law Commission The Work of the ILC on State ResponsibilityThe Work of the ILC on State LiabilityConclusionChapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive ElementsIntroductionSection 1: The No-Harm Rule Confusion The Tale of the Trail Smelter ArbitrationThe Corfu Channel OverinterpretationConclusionSection 2: Due Diligence: A Label of International Obligations Due Diligence: The General AspectsDue Diligence: Specificities of Environmental LawConclusionSection 3: The Definition of Due Diligence and its Potential for the High Seas Working Definition of Due DiligenceThe Utility of Due Diligence on the High SeasConclusionChapter III: The Viability of Due Diligence on the High SeasIntroductionSection 1: Legal Basis of Due Diligence Obligations on the High Seas The UNCLOS: A Primordial FrameworkThe Compliance Agreement: Reinforcement of Effective ControlThe FSA: A Primary Tool for International CooperationThe Guidelines on Deep-Sea FisheriesThe FAO Code of Conduct for Responsible Fisheries and the IPOA-IUUThe Voluntary Guidelines for Flag State Performance: Filling the "Inability" GapConclusion: The Internal and External Interplay of the UNCLOSSection 2: Due Diligence Obligations and Control on the High Seas Due Diligence and State-Owned VesselsDue Diligence and Private VesselsConclusions on the Role of the Genuine LinkChapter IV: Defining Due Diligence: From Interpretation to Law-MakingIntroductionSection 1: Due Diligence as an Informing Process From Interpretation to Law-MakingThe Critical Role of the Judge in the Determination of DiligenceConclusionSection 2: Shaping the UNCLOS for Modern Challenges Informing the UNCLOS Through Due DiligenceGaps and Limits of Due Diligence ConclusionConclusion

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Tony Cabus is a Post-Doctoral researcher at the Graduate School of International Cooperation Studies (GSICS) in Kobe University, Japan. His research focuses on the law of State responsibility and the law of the sea with the aim of providing solutions for a better protection of our oceans. He has obtained a PhD in international law from GSICS in Kobe University (2017-2020), a master degree in international and European law from both Grenoble-Alpes University (2014-2015) and Aix-Marseille University (2011-2012) in France, and, a Bachelor degree from the University of Picardy in Amiens. He was also a participant in the 2019 Summer Academy of the International Foundation for the Law of the Sea in Hamburg; and, an assistant in the 2017 edition of the International Symposium on the Arctic in Kobe. He was a beneficiary of the MEXT Scholarship from the Japanese Ministry of Education, Culture, Sports, Science and Technology and an awardee of the Ryoso Award from the Ryosokai association.

• Introduction A Rediscovered ConceptA "Constitution for the Ocean in Search of ContentDue Diligence: A Bridge Between Instruments and ActorsOutline of the ThesisChapter I: The Development of the General Theory of Due DiligenceIntroductionSection 1: The Early Development and Evolution of the Concept of Due Diligence: From Early Theories to the ILC Codification The Theoretical Roots of Due Diligence: The State’s Responsibility for Acts of Private ActorsThe Early Judicial Practice on Due DiligenceConclusionSection 2: The Work of the International Law Commission The Work of the ILC on State ResponsibilityThe Work of the ILC on State LiabilityConclusionChapter II: The Contemporary Conception of Due Diligence: Clarifications and Constitutive ElementsIntroductionSection 1: The No-Harm Rule Confusion The Tale of the Trail Smelter ArbitrationThe Corfu Channel OverinterpretationConclusionSection 2: Due Diligence: A Label of International Obligations Due Diligence: The General AspectsDue Diligence: Specificities of Environmental LawConclusionSection 3: The Definition of Due Diligence and its Potential for the High Seas Working Definition of Due DiligenceThe Utility of Due Diligence on the High SeasConclusionChapter III: The Viability of Due Diligence on the High SeasIntroductionSection 1: Legal Basis of Due Diligence Obligations on the High Seas The UNCLOS: A Primordial FrameworkThe Compliance Agreement: Reinforcement of Effective ControlThe FSA: A Primary Tool for International CooperationThe Guidelines on Deep-Sea FisheriesThe FAO Code of Conduct for Responsible Fisheries and the IPOA-IUUThe Voluntary Guidelines for Flag State Performance: Filling the "Inability" GapConclusion: The Internal and External Interplay of the UNCLOSSection 2: Due Diligence Obligations and Control on the High Seas Due Diligence and State-Owned VesselsDue Diligence and Private VesselsConclusions on the Role of the Genuine LinkChapter IV: Defining Due Diligence: From Interpretation to Law-MakingIntroductionSection 1: Due Diligence as an Informing Process From Interpretation to Law-MakingThe Critical Role of the Judge in the Determination of DiligenceConclusionSection 2: Shaping the UNCLOS for Modern Challenges Informing the UNCLOS Through Due DiligenceGaps and Limits of Due Diligence ConclusionConclusion

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