الرافدین للحقوق (Jun 2022)

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

  • Ahmed Alfatlawi,
  • Azhar Al-Fatlawi

DOI
https://doi.org/10.33899/alaw.2021.132458.1182
Journal volume & issue
Vol. 24, no. 79
pp. 72 – 110

Abstract

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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.

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