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Due Diligence In International Law
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Book Synopsis Due Diligence Obligations in International Law by : Alice Ollino
Download or read book Due Diligence Obligations in International Law written by Alice Ollino and published by Cambridge University Press. This book was released on 2022-03-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due diligence obligations are typically described by scholars and practitioners as 'elusive', 'weak', and difficult to pin down in the abstract. Challenging these assumptions, this book offers a systematic reconstruction of the foundations of due diligence obligations of states and explores their nature, rationale, content and scope of operation in international law. Tackling due diligence from a general perspective, this book seeks to complement scholarly studies on public international law obligations and their theory. This book will be relevant for academics, practitioners, graduate students across international law and anyone seeking to better conceptualise due diligence under international law and understand how due diligence obligations are operationalised in practice.
Book Synopsis Due Diligence in International Law by : Joanna Kulesza
Download or read book Due Diligence in International Law written by Joanna Kulesza and published by BRILL. This book was released on 2016-08-25 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.
Book Synopsis Due Diligence Obligations in International Human Rights Law by : Maria Monnheimer
Download or read book Due Diligence Obligations in International Human Rights Law written by Maria Monnheimer and published by Cambridge University Press. This book was released on 2021-02-18 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
Book Synopsis Due Diligence in the International Legal Order by : Heike Krieger
Download or read book Due Diligence in the International Legal Order written by Heike Krieger and published by Oxford University Press, USA. This book was released on 2021-02-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
Book Synopsis A Duty to Prevent Genocide by : John Heieck
Download or read book A Duty to Prevent Genocide written by John Heieck and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
Book Synopsis Cyber Operations and International Law by : François Delerue
Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
Book Synopsis Transboundary Damage in International Law by : Hanqin Xue
Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
Book Synopsis Due Diligence and the High Seas by : Tony Cabus
Download or read book Due Diligence and the High Seas written by Tony Cabus and published by Routledge. This book was released on 2021-12-21 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a rapid growth of interest in due diligence, especially in the fields of environmental law and the law of the sea. Yet, confusion seems to surround this notion. Is due diligence a principle, a rule, a standard or something else? This book firstly explores thoroughly the concept of due diligence, its purpose and its mechanisms in order to propose a comprehensive theory of due diligence in harmony with the general law of State responsibility. In the meantime, this book also explores the usefulness of due diligence to address modern challenges afflicting the high seas. Indeed, while the application of due diligence in transboundary contexts is well illustrated by jurisprudence, its applicability in areas beyond national jurisdiction remains unclear. Yet, a proper usage of this concept may be crucial for the protection of the high seas, as it allows for the intervention of international standards in this fragile area. Hopefully, the concept of due diligence can help compensate the insufficiencies of the United Nations Convention on the Law of the Sea concerning the high seas. Examining in detail the theory of due diligence, this book will interest international lawyers concerned with this notion. It also offers a new perspective on the UNCLOS through the prism of due diligence and will interest lawyers dealing with the protection of the marine environment and fisheries.
Book Synopsis Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by : Michael N. Schmitt
Download or read book Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Book Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée
Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Book Synopsis Ius Doni in International Law and EU Law by : Christian H. Kälin
Download or read book Ius Doni in International Law and EU Law written by Christian H. Kälin and published by BRILL. This book was released on 2019-03-27 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni as one of the latest trends of acquisition of citizenship by investment, quickly spreading among states.
Book Synopsis Building a Treaty on Business and Human Rights by : Surya Deva
Download or read book Building a Treaty on Business and Human Rights written by Surya Deva and published by Cambridge University Press. This book was released on 2017-10-19 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility and business and human rights.
Book Synopsis Real Estate Due Diligence by : Tobias Just
Download or read book Real Estate Due Diligence written by Tobias Just and published by Springer. This book was released on 2017-09-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due diligence is the bedrock of real estate deals, regardless of the volume of transaction. This book presents a comprehensive guide to understanding and implementing due diligence and making an accurate assessment of the risks. While this process has become a “no-brainer” for investment professionals, the market standard on this essential topic has not yet been laid out in a comprehensive form that covers all the major aspects of real estate due diligence: legal, tax, financial and technical issues. This book fulfils that need, and gives it a form that can be used for German, European, or even international transactions. Written in a reader-friendly fashion, the easily navigable chapters are organized into the four due diligence dimensions, with ample examples and key takeaways. Be they real estate investors, or a management students specializing in the asset class, this book is a core resource for anyone wanting to get to grips with due diligence.
Book Synopsis Complicity and the Law of International Organizations by : Magdalena Pacholska
Download or read book Complicity and the Law of International Organizations written by Magdalena Pacholska and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
Book Synopsis The ICJ and the Evolution of International Law by : Karine Bannelier
Download or read book The ICJ and the Evolution of International Law written by Karine Bannelier and published by Routledge. This book was released on 2012-03-12 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
Book Synopsis Global Regulatory Standards in Environmental and Health Disputes by : Caroline E. Foster
Download or read book Global Regulatory Standards in Environmental and Health Disputes written by Caroline E. Foster and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by OUP Oxford. This book was released on 2013-10-24 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
