Due diligence in international law / by Joanna Kulesza.

Format:

Book

Author/Creator:

Kulesza, Joanna, author.

Series:

Queen Mary studies in international law ; Volume 26.

Queen Mary Studies in International Law, 1877-4822 ; Volume 26

Language:

English

Subjects (All):

International obligations.

Government liability (International law).

Reasonable care (Law).

Physical Description:

1 online resource (331 pages).

Place of Publication:

Leiden, Netherlands ; Boston, [Massachusetts] : Brill, 2016.

Language Note:

English

Summary:

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.

Contents:

Preliminary Material

Introduction

The Obligation of Due Diligence – Theory and Practice

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

Due Diligence in Treaty Regimes

The Principle of Due Diligence in International Law

Applying the Due Diligence Principle – Cybersecurity and National Security Issues

Bibliography

Index.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-32519-0

Publisher Number:

10.1163/9789004325197 DOI