A general obligation of due diligence in international law? – EJIL: Talk!
Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states to act with due diligence to prevent their territory being used for activity which harms the rights of other states, and that this obligation is not restricted or confined to particular forms of activities. These arguments have been advanced by academic initiatives in the context of debates over the application of international law to cyberspace. They are noteworthy because they have influenced the positions of an increasing number of mostly European states who have made remarkable statements that have significant implications beyond the cyber context. Indeed, if these arguments receive widespread acceptance from states, it would constitute a radical broadening of obligations of conduct for s...
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