Due Diligence: An Obligation under International Law

Public International Law Discussion Group (Part II)

This talk will examine the legal nature of due diligence, namely whether it is a free-standing obligation under customary international law or a standard by which compliance with specific obligations may be assessed. It will be shown that there is a significant number of common elements in the analysis of due diligence as it is performed by international courts and tribunals, notwithstanding the specificities of the underlying subject matter. In doing so, this presentation will bring into question the validity of the recurring assumption that the content of due diligence differs fundamentally across various branches of international law. Dr Vladyslav Lanovoy is an Associate Legal Officer at the International Court of Justice. He is also a Lecturer at Lille Catholic University and a Teaching Fellow at Queen Mary University of London. He holds a PhD in international law from the Graduate Institute of International and Development Studies in Geneva and is the author of Complicity and its Limits in the Law of International Responsibility (Hart 2016), which was awarded the 2017 Paul Guggenheim Prize in International Law. He has previously worked at Freshfields Bruckhaus Deringer LLP and at the Permanent Court of Arbitration. He has also consulted for the UN Office of the High Commissioner for Human Rights and the UN Environment Programme. His research interests include the law of international responsibility, dispute settlement, the law of the sea, human rights law and international economic law.