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5 - Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law

Published online by Cambridge University Press:  05 February 2021

Maria Monnheimer
Affiliation:
Ludwig Maximilian University of Munich
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Summary

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.

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Publisher: Cambridge University Press
Print publication year: 2021

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