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Due Diligence in International Law

Due Diligence in International Law

Author: Joanna Kulesza
Publisher: Brill Nijhoff
ISBN: 9789004283107
Published In: August 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Acknowledgement

Abbreviations

Table of Treaties and Other Instruments

ILC Reports and Drafts

Introduction

Methodology

Terminological Issues

Fault and Responsibility in International Law

The Obligation of Due Diligence – Theory and Practice

General Principles of International Law

The Principle of International Responsibility

State as a Collective in Ancient Times and the Middle Ages

Individual Responsibility of Monarchs in the Age of Absolutism

Enlightenment Concepts of State Responsibility

Indirect and Objective Responsibility in International Law

Due Diligence and the Question of State Sovereignty

Due Diligence and Denial of Justice to Foreigners

Due Diligence and Diplomatic Protection

Due Diligence in Preventing Transboundary Environmental Harm

Due Diligence, Crime Prevention and International Terrorism

The Role of Due Diligence in Contemporary International Jurisprudence

State Responsibility, International Liability and Due Diligence – A Critical Analysis

Introductory Remarks

League of Nations and State Responsibility

The International Law Commission on State Responsibility Principles

Due Diligence and State Responsibility

Principles of State Responsibility

Attribution of an Internationally Wrongful Act

Responsibility for State Bodies

Responsibility for State Actors

Responsibility for Private Individuals

The Question of Indirect (Vicarious) Responsibility of States

Circumstances Precluding Lawfulness

State Responsibility vs International Liability

Due Diligence and the Principle of Good-Neighborliness

Principles of International Liability for Harmful Consequences of Acts Not Prohibited by International Law

Applying International Liability Norms

Due Diligence, Risk and Harm in the Regime of International Liability

The Concept of Significant Transboundary Harm

On Liability and Responsibility – Assessing ILC

Methodology

Due Diligence in Treaty Regimes

Introductory Remarks

Due Diligence in International Environmental Law

State Responsibility in International Environmental Law

Law of the Sea

Law of International Watercourses

Protection of Foreigners

Law of Diplomatic Relations

Protection of Aliens and the Obligations of the Sending State

Due Diligence Principle as the Shared Element of Treaty-based Regimes

Internationally Recognized Preventive Measures

The Principle of Due Diligence in International Law

The Principle of Due Diligence

Consequences of Violating the Due Diligence Principle

Applying the Due Diligence Principle – Cybersecurity and National Security Issues

International Security and Due Diligence

Due Diligence in Preventing Terrorist Offenses

Cyberterrorism and Cybersecurity

Towards a Due Diligence Standard for Cyberspace

Bibliography

Index

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