4 - The Components of the Due Diligence Standard

Summary

The fourth chapter develops an abstract analytical framework of the different components of an international due diligence standard. It seeks to deduce those elements which due diligence obligations contain generally and irrespective of their application to specific fields of international law. With knowledge, capacities, and reasonableness three major components are identified: If a state knows of potential violations of international law, it is obliged to employ the reasonably available means at its disposal to prevent such violations or to sanction them should they occur nonetheless. The chapter then discusses common problems inherent in the application and implementation of due diligence obligations. Most notably, it elaborates on how the foreseeability threshold might be overcome; how the problem of diverging capacities could be addressed and whether all states have to adhere to the same standards of diligence; and finally how the vague and broad notion of reasonableness can be given substantial meaning.