Publikace na Právnická fakulta |
2023
Abstrakt
The very rich and the multifaceted academic work of Professor Rainer Hofmann, which is mainly focused on the protection of the individual in various areas of international law, is characterized by the effort to connect special branches (such as human rights or international investment law) with general international law. That is why I chose for this contribution a topic that combines a general issue of State responsibility standards, namely the concept of due diligence, with its application in the area of international investment law.
It is noteworthy that already in the first well-known ICSID case, AAPL v. Sri Lanka, the arbitral tribunal applied this standard and found the violation of due diligence obligation.