03 September 2025
“Doing the Utmost”
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. Continue reading >>
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30 July 2024
Due Diligence in International Law
This contribution determines to what extent the international law obligations of due diligence, the no harm principle or the principle sic utere tuo ut alienum non laedas can be relied upon today to advance extraterritorial obligations of states towards migrants. Crucially for this purpose, the due diligence obligation is not limited to individuals within the jurisdiction of a State. Rather, States must ensure that activities within their jurisdiction do not cause serious harm to individuals in the territory of another State or to common interests of the international community. Continue reading >>
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02 November 2022
The DSA as a paradigm shift for online intermediaries’ due diligence
The DSA adopts a meta-regulatory approach. While the shift to a meta-regulatory model should be welcomed for enabling reflexive and adaptive regulation, we must also be weary of its risk of collapsing in the absence of well-resourced and independent institutions. Indeed, this risk affects the extent to which the exportation of the DSA outside Europe would be in the public interest. Continue reading >>
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