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Author : Maria Monnheimer
Publisher : Cambridge University Press
Page : 353 pages
File Size : 42,7 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108841733
An analytical framework of due diligence obligations to address the increasing prevalence of non-State human rights risks.
Author : Maria Monnheimer
Publisher : Cambridge University Press
Page : 353 pages
File Size : 41,9 Mb
Release : 2021-02-18
Category : Political Science
ISBN : 9781108899307
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.
Author : Maria Monnheimer
Publisher : Unknown
Page : 128 pages
File Size : 47,7 Mb
Release : 2020
Category : International law and human rights
ISBN : 1108795269
"There has been much debate in recent years about the role of non-state actors in international law. Whereas their presence is undisputedly acknowledged, their status and legal accountability remains unsettled. In many areas of public international law, harm is now significantly often caused by actors other than states.1 Terrorist groups threaten the territorial integrity of states; private security companies are involved in armed conflicts; individual hackers initiate cyber-attacks; and multinational corporations cause transboundary environmental harm or business-related human rights violations. Nonetheless, international treaties and customary international law still assign rights and duties almost exclusively to states. Outside of international criminal law, there are but few attempts to establish individual responsibility. On the other hand, state responsibility only arises if an international obligation is breached and that breach is attributable to a state whereas only the actions of state organs acting in their official capacity may implicate state responsibility and the conduct of private individuals usually does not. Such conduct may be attributed if private citizens act as so-called de facto organs or a state acknowledges their behavior as its own - which occurs rather rarely. The nature of state responsibility is inherently restorative with the primary objective to maintain or restore an equilibrium between equal and sovereign states"--
Author : Alice Ollino
Publisher : Cambridge University Press
Page : 317 pages
File Size : 55,6 Mb
Release : 2022-03-03
Category : Law
ISBN : 9781316511879
This book discusses the conceptual foundations of due diligence obligations and their normative function in the law of international responsibility.
Author : Joanna Kulesza
Publisher : BRILL
Page : 331 pages
File Size : 44,6 Mb
Release : 2016-08-25
Category : Law
ISBN : 9789004325197
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.
Author : Dinah Shelton
Publisher : OUP Oxford
Page : 1088 pages
File Size : 45,7 Mb
Release : 2013-10-24
Category : Law
ISBN : 9780191668975
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.
Author : Heike Krieger,Anne Peters,Leonhard Kreuzer
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 43,5 Mb
Release : 2021-02-03
Category : Law
ISBN : 9780198869900
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.
Author : John Heieck
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 40,9 Mb
Release : 2018-09-28
Category : LAW
ISBN : 9781788117715
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.
Author : Surya Deva,David Bilchitz
Publisher : Cambridge University Press
Page : 539 pages
File Size : 49,6 Mb
Release : 2017-10-19
Category : Law
ISBN : 9781107199118
This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.
Author : Ludovica Chiussi Curzi
Publisher : BRILL
Page : 404 pages
File Size : 55,6 Mb
Release : 2020-10-26
Category : Law
ISBN : 9789004440036
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Author : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 52,8 Mb
Release : 2020-03-19
Category : Law
ISBN : 9781108490276
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.
Author : Surya Deva,David Bilchitz
Publisher : Cambridge University Press
Page : 451 pages
File Size : 51,9 Mb
Release : 2013-11-21
Category : Business & Economics
ISBN : 9781107036871
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Author : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 40,9 Mb
Release : 2021-02-22
Category : Law
ISBN : 9789004444386
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.
Author : Martina Buscemi,Nicole Lazzerini,Laura Magi,Deborah Russo
Publisher : BRILL
Page : 353 pages
File Size : 46,5 Mb
Release : 2020-06-02
Category : Law
ISBN : 9789004401181
Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.
Author : Carin Benninger-Budel
Publisher : BRILL
Page : 313 pages
File Size : 43,9 Mb
Release : 2008
Category : Law
ISBN : 9789004162938
The contributors to this volume analyse the effectiveness of the due diligence standard as well as other strategies to prevent and respond to violence against women by non-state actors taking into account contemporary problems that pose threats to womena (TM)s rights.
