Book contents
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
3 - The Origins of Due Diligence in International Law
Published online by Cambridge University Press: 05 February 2021
- Due Diligence Obligations in International Human Rights Law
- Due Diligence Obligations in International Human Rights Law
- Copyright page
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 Why to Analyze State Responsibility for Human Rights Violations: The Flawed Debate on Direct Human Rights Obligations for Non-State Actors
- 2 Establishing State Responsibility for Human Rights Violations: Proposal for a Conduct-Based Typology of Human Rights Obligations
- 3 The Origins of Due Diligence in International Law
- 4 The Components of the Due Diligence Standard
- 5 Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of International Law
- 6 Applying the Due Diligence Framework to the Field of Human Rights Protection
- 7 A Case for Extraterritorial Due Diligence Obligations in the Human Rights Context
- Summary and Outlook
- Index
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.
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- Due Diligence Obligations in International Human Rights Law , pp. 78 - 115Publisher: Cambridge University PressPrint publication year: 2021