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
5 - Lessons to Be Learned from the Application of Due Diligence Obligations in Other Fields of 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
Embedded in this analytical framework, the fifth chapter is dedicated to an analysis of how due diligence obligations are applied and implemented in different areas of international law. Since the standard of due diligence is highly context-specific, problems and prospects related to its application are best illustrated by taking a closer look at the standard’s implementation in concreto. To this end, three fields of international law are singled out in which due diligence obligations have already been prominently discussed and which show certain similarities to the area of human rights law: the protection of the environment, the fight against terrorist activities, and rather recently the combat against harmful cyber activities. Based on the analytical framework introduced in the previous chapter, the application of due diligence obligations is discussed for each field taking into account the relevant state practice, international jurisprudence, and scholarly writings.
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- Due Diligence Obligations in International Human Rights Law , pp. 142 - 203Publisher: Cambridge University PressPrint publication year: 2021