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A comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
International law --- Reasonable care (Law) --- Philosophy. --- Adequate care (Law) --- Carelessness (Law) --- Due care (Law) --- Duty of care (Law) --- Diligence --- Negligence --- Torts --- Jurisprudence --- Natural law
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Due diligence is a prominent concept in international law, frequently referred to in arbitral awards, court decisions, and in scholarly discussions on state responsibility. However, until now, the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law. Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. This book exposes the promises and limits of due diligence for enhancing accountability and compliance. It identifies the rise of due diligence as both a driver and signal of change in the international legal order towards risk management and proceduralisation
International obligations. --- Government liability (International law) --- Reasonable care (Law) --- Obligations internationales --- Etat --- Personne raisonnable (Droit) --- Responsabilité (Droit international) --- International law --- Jurisprudence --- Natural law --- Adequate care (Law) --- Carelessness (Law) --- Due care (Law) --- Duty of care (Law) --- Diligence --- Negligence --- Torts --- Philosophy
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Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
International obligations --- Government liability (International law) --- Reasonable care (Law) --- Adequate care (Law) --- Carelessness (Law) --- Due care (Law) --- Duty of care (Law) --- Diligence --- Negligence --- Torts --- International claims --- International law --- Sovereignty --- Claims --- International agreements --- Treaties --- Due diligence --- International obligations.
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