نوع مقاله : علمی پژوهشی
1 استادیار دانشکده حقوق پردیس فارابی دانشگاه تهران
2 دانشجوی دکتری حقوق بینالملل دانشگاه تهران
عنوان مقاله [English]
The concept of due diligence meaning the necessary vigilance and carefulness in fulfilling a legal obligation is one of international law principles which has significantly been confirmed and emphasized by international tribunals. Despite customary grounds of this principle's requirements, many treaties have incorporated and arranged it in contractual frameworks. The main domain of this principle is in the law of international responsibility, where implementation of states' obligations are examined, and it will be the basis for responsibility if a state fails to behave in accordance with due diligence requirements. As a matter of fact, that state does not observe the necessary carefulness in fulfilling its obligations. The importance of this principle is more tangible in state liability in trans-boundary harms.
The principle of due diligence has entered into international financial regulation, including FATF recommendations, and has created some commitments for states and financial institutions. The concept of due diligence has been used in two exclusive and general meanings in FATF regulations having some similarities and differences with its implications in international law. Despite clarifying the concept of due diligence in international law and FATF Regulations, this article deals with these functional approximations and separations and their effects.
- Cases and Arbitrations
- Reports and Reviews
- Instruments and Conventions