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Due Diligence in the International Legal Order$
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Heike Krieger, Anne Peters, and Leonhard Kreuzer

Print publication date: 2020

Print ISBN-13: 9780198869900

Published to Oxford Scholarship Online: February 2021

DOI: 10.1093/oso/9780198869900.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 June 2021

Due Diligence in International Climate Change Law

Due Diligence in International Climate Change Law

(p.163) 10 Due Diligence in International Climate Change Law
Due Diligence in the International Legal Order

Lavanya Rajamani

Oxford University Press

The international climate change regime has evolved over time to include a wider spectrum of obligations—substantive and procedural, as well as obligations of conduct and result. The increasing salience of obligations of conduct, privileging greater flexibility and autonomy for all Parties and permitting increased dynamism in the regime, has created greater scope for ‘due diligence’ to play a role in international climate change law. This chapter identifies the central obligations of conduct (fleshing out due diligence requirements of states) and of result in international climate change law. It analyses the nature and extent of due diligence required of states and highlights the numerous factors, such as the expectation of good faith or common but differentiated responsibilities, influencing it. The chapter concludes with reflections on the promise and perils of relying on norms of due diligence to deliver on the ambition of the climate change regime.

Keywords:   international climate change law, common but differentiated responsibilities, due diligence, good faith, UN Framework Convention on Climate Change, Paris Agreement, nationally determined contributions, obligations of conduct, obligations of result

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