Due diligence in international law / / by Joanna Kulesza.

• Superior document: Queen Mary Studies in International Law, Volume 26
• VerfasserIn: Kulesza, Joanna,
• Place / Publishing House: Leiden, Netherlands ;, Boston, [Massachusetts] : : Brill,, 2016.; ©2016
• Year of Publication: 2016
• Language: English
• Series: Queen Mary studies in international law ; Volume 26.
• Physical Description: 1 online resource (331 pages).
• Notes: Bibliographic Level Mode of Issuance: Monograph

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.

Table of 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.