Overview

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.

Full Product Details

Author:   Joanna Kulesza
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   26
Dimensions:   Width: 15.50cm , Height: 2.30cm , Length: 23.50cm
Weight:   0.632kg
ISBN:  

9789004283107

ISBN 10:   9004283102
Pages:   316
Publication Date:   25 August 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

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

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Author Information

Joanna Kulesza, Ph.D., University of Lodz, Poland, is Assistant Professor of International Law and Internet Governance. She has authored five monographs and numerous other peer-reviewed publications on international law and new technologies, including “International Internet Law” (Routledge 2011).

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