Due Diligence in International Law

Name: Due Diligence in International Law
Brand: Brill Nijhoff
SKU: 9789004283107
Price: 2154.60 HKD
Availability: InStock
Author: Joanna Kulesza
ISBN: 9789004283107

By Joanna Kulesza

Brill Nijhoff August 2016

Specifications

ISBN-13: 9789004283107
Publisher: Brill Nijhoff
Publication: August 2016
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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; 1.
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; 2.
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; 3.
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; 4.
The Principle of Due Diligence in International Law: The Principle of Due Diligence; Consequences of Violating the Due Diligence Principle; 5.
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