“Doing the Utmost” - Due Diligence as the Standard of Conduct in International Climate Law
Voigt, Christina
Author
aut
Text
xx#
2025
Verfassungsblog
2025-09-03
eng
The ICJ found that some norms, previously thought not binding and falling under the unfettered discretion of States (e.g. the content of NDCs) are in fact binding obligations of conduct based on a due diligence standard, and their breach gives rise to state responsibility. In this blog post, I address some pertinent issues regarding due diligence as addressed by the ICJ, as well as ITLOS and the IACtHR. In particular, I focus on the relationship between obligations of result and obligations of conduct, the nature of due diligence, factors to determine its content, and the legal consequences of not acting with the required diligence.
CC BY-SA 4.0
Voigt, Christina
Climate Crisis
climate litigation
due diligence
342
https://verfassungsblog.de/doing-the-utmost/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.59704/04a59904491bb133
250903
10.59704/04a59904491bb133
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