Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-22T19:57:09.604Z Has data issue: false hasContentIssue false

3 - The Origins of Due Diligence in International Law

Published online by Cambridge University Press:  05 February 2021

Maria Monnheimer
Affiliation:
Ludwig Maximilian University of Munich
Get access

Summary

In order to narrow down the concrete content of an international due diligence standard, the third chapter starts with a brief historical summary of how due diligence obligations have entered the international stage. It retraces how the standard of due diligence has been developed in early scholarly writings before it was widely applied in the jurisprudence of so-called Claims Commissions in the context of alien protection laws. In spite of this early recognition, several codification attempts yet have failed which is why the standard of due diligence is not entailed in the ILC’s draft articles on state responsibility that mirror the modern status quo of the customary law on state responsibility. In a second step, chapter 3 therefore undertakes an attempt to locate the position of due diligence obligations in the existing law on state responsibility by comparing and contrasting the standard with other concepts of responsibility.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×