We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Due diligence has increasingly attracted the attention of scholars but it remains an elusive concept. This chapter explains why a study on the dogmatic foundations of due diligence obligations is timely. Thechapter argues that studies addressing the theory of public international law obligations are still scarce. Yet, they are crucial for properly understanding the externalities of obligations and their functioning on the international legal order. Starting with this premise, the chapter asserts that a theoretical study on due diligence obligations serves two main purposes. First, it allows to better clarify the nature, the content and the scope of operation of these obligations, which are traditionally considered difficult to pin down in the abstract. Second, the chapter advances the hypothesis, to be tested in the course of the book, that a dogmatic reconstruction of due diligence obligations also serves normative purposes. The introduction then sets the methodology and scope of the book and explains why the study of due diligence obligations will be limited to obligations of states and will not cover due diligence obligations of international organisations and non-state actors.
The conclusion of the book briefly reappraises the main findings of the previous chapters. It argues that a study of the foundations of due diligence from the dogmatic perspective of obligations serves both a cognitive and a normative function. First, the conclusion argues that the theoretical reconstruction of due diligence undertaken by the book has helped to overcome their elusiveness and to better understand the nature of due diligence obligations and how they are operationalised in practice. Second, the conclusion argues that construing due diligence as an identifier for a certain class of primary rules supplies a normative function, as it allows normative considerations to be made about how state responsibility for the violation of these rules accrues.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.