Conceptual framework of due diligence and notification in light of the rules of international responsibility : COVID 19 as a model

Section: RESEARCH
Published
Jun 1, 2022
Pages
72-110

Abstract

The Article focuses on the topics of due diligence and notification in the light of the rules of international responsibility, as the legal debate is still raging in determining the legal framework for both concepts, as two hypotheses conflict in this framework: The same rule of diligence, in contrast to the claim of an affected state as a result of not taking the assumed diligence, and in this context it is necessary to indicate the limits of due diligence and one of its most important preventive forms, which is the notification before the occurrence of the damage, and whether it is strict normative or circumstantial related to before, during and after the occurrence of the damage . With the outbreak of epidemics, like COVID-19 pandemic, the legal studies are still searching on verifying compliance regarding due diligence and notification and responsibility of the source country for the spread of pandemic.

References

  1. Hoskisson Robrt E ; Hitt, Michael A, Ireland, strategic Management competitiveness and Globalization: concepts and cases N 1, Duane, 2004.
  2. ICJ, Corfu Channel case (United Kingdom of Great Britain and Northern Ireland V. Albania, 1949.
  3. Jona than Bonnit cha and Robert Mccorquodale, The concept of (( Due Diligence)) in the UN Guiding Principles on Business and Human Rights, The European Journal of International Law, 28 No.3, 2017.
  4. Maria Flemme, Due Diligence in International Law, master thesis, Faculty of law, University of land, 2004.
  5. Antonio Coco, Prevent Respond, Cooperate: States Due Diligence Duties Vis- a- Vis the Covid-19 Pandemic.
  6. Hanqin Hue, Transboundary Damage in International Law, Cambridge University Press, 2003, Cambridge, the United Kingdom.
  7. I L A Study (n2)2, 8, Draft Articles on prevention (n5), L54-155, ar.4t 3(12)-(13).
  8. I L S Study (n2)7, 9, Draft on prevention (n5) 154, art 3 (11).
  9. Marco Longobaido, The Relevance of Concept of Due Diligence for J.G L Wisconsin International Law Journal, 2019, p51 Vol (37), No (1).
  10. Dupuy Pierre.M, droit international public, pedone, Paris, 1992.
  11. Draft Articles on Prevention (n5) 156, Article 3(17), Alabama Arbitration United states/ Great Britain (1872).
  12. Sienho Yee, The Deal with a New Coronavirus Pandemic, Oxford University Press, Advance Access, 23 Aug, 2020.
  13. United Nations, MATERIALS ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS", United Nations Legislative Series ST/LEG/SER B/25, UNITED NATIONS, NEW YORK, 2012.
  14. KYOJI KAWASAKI, The "injured state" in the International law of state responsibility, hitotsubashi, Journal of law and politics vol.28.2000.
  15. Ludovic Landivaux, contratset corona virus:un cas de force majeure? Cadepend, Dalloz, Mars, 2020.
  16. European Court of Human Rights, Le Mailloux v. France, Factsheet COVID-19 health crisis 5. Nov, 2020, p.1.
  17. RACHEL LPEZ ,The Law of Gravity, COLUMBIA JOURNAL OF TRANSNATIONAL LAW ,vol.58:3, 2020.
  18. Human Rights Committee General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life CCPR/C/GC/36, 30 October 2018.
  19. Trail Smelter Arbitration (United States v Canada) (1938 and 1941) 3 RIAA 1905, 1963.
  20. First: Books
  21. Foreign sources:
  22. Forth: thesis
  23. Second: Researches and studies
  24. Third: International Documents:
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