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Max Planck Encyclopedia of Public International Law [MPEPIL]

Due Diligence

Timo Koivurova

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 September 2021

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 that obligation is that of the responsible citizen or responsible government (Governments). Failure on a subject’s part to comply with the standard—often termed negligence—describes the blameworthiness of the subject as one element of ascribing legal responsibility to it.2 Although in international law the concept of due diligence remains a general principle of law, State practice has...
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