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Embedded in this analytical framework, the fifth chapter is dedicated to an analysis of how due diligence obligations are applied and implemented in different areas of international law. Since the standard of due diligence is highly context-specific, problems and prospects related to its application are best illustrated by taking a closer look at the standard’s implementation in concreto. To this end, three fields of international law are singled out in which due diligence obligations have already been prominently discussed and which show certain similarities to the area of human rights law: the protection of the environment, the fight against terrorist activities, and rather recently the combat against harmful cyber activities. Based on the analytical framework introduced in the previous chapter, the application of due diligence obligations is discussed for each field taking into account the relevant state practice, international jurisprudence, and scholarly writings.
With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
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