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The concept of due diligence is related to the theory of international obligations. The simple but yet complex idea is that diligence is an element of certain primary standards of the State, including the obligations of prevention. Its scope is limited to situations where the State is required to prevent or suppress certain damage. Rooted in the Roman system of law through the figure of the bonus pater familias, due diligence appears in the international legal order first in the area of neutrality before experiencing a fortune in other areas including the protection of foreigners, the security of foreign States, human rights, the environment. This article aims to demonstrate that due diligence has grown from a simple rule of neutrality to a customary norm of general international law before acquiring today the status of general principle applicable even in the absence of specific injunction of a primary standard. Then, it revisits the famous Alabama case to show that the legal regime of neutrality which has fully emerged in the mid eighteenth century was also the point of effervescence of the concept of due diligence in the international legal order.
Keywords: Due diligence, source du droit, obligation primaire, obligation de prévention, obligation de répression, neutralité, affaire de l'Alabama, droit de l'environnement, principe général, principe de précaution, droit prudentiel, Due diligence, source of law, primary norm, obligation of prevention, obligation of prosecution, neutrality, Alabama case, environmental law, general principle, precautionary principle, prudential law
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The historiography of the “Pays d'en haut”, as a specific historical object, may seem relatively stammering. The term “Pays d'en haut” may have been perceived as too soft or too vague, geographically and conceptually, and historians may have preferred to invest the history of Ontario, Michigan, or Manitoba by using other geographic categories (New France, Canada, Great Lakes, Prairies), or more clearly analytical grids (frontier, hinterland, periphery). However, the expression deserves to be valued insofar as it served as a long-term mental and geographical framework. As such, it constitutes an object of research in itself, which can encourage a renewed study of the historical processes at work in the spaces concerned, from the seventeenth to the nineteenth century. This definition of the “Pays d'en haut” as an object of history is certainly not self-evident: it implies, first of all, a reflection on the object “Pays d'en haut” in history, on how this framework has been built historically through the practices, representations and imaginations of social actors. In order to fully legitimize this approach, we need also to analyze how historiography has, in turn, ignored, neglected, or, on the contrary, emphasized this expression as the space it designates.
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From the starting point of Antoine Poupel’s photographs, the writer, essayist, art philosopher and art critic Gilbert Lascault embarks on a poetic reverie of the feminine and its veils.
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