Due Diligence in the International Legal Order

ISBN : 9780198869900

Heike Krieger; Anne Peters; Leonhard Kreuzer
416 ページ
153 x 234 mm

Due diligence is a prominent concept in international law, frequently referred to in arbitral awards, court decisions, and in scholarly discussions on state responsibility. However, until now, the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law. Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. This book exposes the promises and limits of due diligence for enhancing accountability and compliance. It identifies the rise of due diligence as both a driver and signal of change in the international legal order towards risk management and proceduralisation.


1 Anne Peters, Heike Krieger and Leonhard Kreuzer: Due Diligence in International Law: Dissecting the Leitmotif of Current Accountability Debates
Part I: Due Diligence and General International Law
2 Giulio Bartolini: The Historical Roots of the Due Diligence Standard
3 Helmut Philipp Aust and Prisca Feihle: Due Diligence in the History of the Codification of the Law of State Responsibility
4 Kristina Daugirdas: Member States' Due Diligence Obligations to Supervise International Organizations
5 Federica Violi: The Function of the Triad 'Territory', 'Jurisdiction' and 'Control' in Due Diligence Obligations
6 Bjornstjern Baade: Due Diligence and the Duty to Protect Human Rights
Part II: Due Diligence in International Environmental Law
7 Jorge E. Vinuales: Due Diligence in International Environmental Law: A Fine-grained Cartography
8 Malgosia Fitzmaurice: Due Diligence in the Use of International Watercourses
9 Irini Papanicolopulu: Due Diligence in the Law of the Sea
10 Lavanya Rajamani: Due Diligence in International Climate Change Law
Part III: Due diligence in peace and security law
11 Marco Longobardo: Due Diligence in International Humanitarian Law
12 Larissa van den Herik and Emma Irving: Due Diligence and the Obligation to Prevent Genocide and Crimes Against Humanity
13 Nigel White: Due Diligence, the UN and Peacekeeping
14 Inger Osterdahl: Due Diligence in International Anti-terrorism Law: Developments in the Resolutions of the UN Security Council
15 Eric Talbot Jensen: Due Diligence in Cyber Activities
Part IV: Due diligence in international economic law
16 Aniruddha Rajput: Due Diligence in International Investment Law: From the Law of Aliens to Responsible Investment
17 Radha Ivory: Due Diligence Debates in International Anti-corruption and Money Laundering Law: From Content to the Construction of Risk
18 Reuven S. Avi-Yonah and Gianluca Mazzoni: Due Diligence in International Tax Law
19 Markus Krajewski: Due Diligence in International Trade Law
20 Diane Desierto: Due Diligence in World Bank Project Financing
21 Heike Krieger and Anne Peters: Conclusion: Due Diligence and Structural Change in the International Legal Order


Heike Krieger holds the Chair for International and Public Law at the Freie Universitat Berlin. She is Max Planck Fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and chair of the Berlin Potsdam Research Group (Kolleg-Forschungsgruppe) 'The International Rule of Law - Rise or Decline?' (funded by the German Research Foundation). Between 2007 and 2014 she acted as a judge of the Constitutional Court of the State of Berlin. She has represented the German parliament before the German Constitutional Court and acted as counsel for the German government before the European Court of Human Rights. She is a member of the Holberg Committee. Her research focusses on general international law, international human rights law and international humanitarian law.; Anne Peters is Director at the Max Planck Institute for Comparative Public Law and International Law Heidelberg, Professor at Heidelberg, Basel, and Freie Universitat Berlin, and a William W. Cook Global Law Professor at the University of Michigan. She has been a member of the European Commission for Democracy through Law (Venice Commission) in respect of Germany (2011-2015) and served as the President of the European Society of International Law (2010-2012). She is currently Chairwoman of the German Society of International Law (DGIR). Her current research interests relate to public international law including its history, global animal law, global governance and global constitutionalism, and the status of humans in international law.; Leonhard Kreuzer is Research Fellow at the Max Planck Institute for Comparative Public Law and International Law Heidelberg and a PhD candidate at the Freie Universitat Berlin. He is a member of the editorial board of the Volkerrechtsblog.