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Max Planck Encyclopedia of Public International Law [MPEPIL]

Due Diligence

Timo Koivurova, Krittika Singh

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 June 2024

Aliens, treatment — Responsibility of states — Codification — State practice

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Due diligence is an obligation of conduct on the part of a subject of law (Subjects of International Law). Normally, the criterion applied in assessing whether a subject has met due diligence is that of the responsible citizen or responsible government. Failure on a subject’s part to comply with the standard triggers its responsibility. 2 Due diligence can best be viewed as a concept that lies at the interface between primary rules of conduct and secondary rules of State responsibility. It is part of the subjective component of State responsibility, but its...
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