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Author : Alice Ollino
Publisher : Cambridge University Press
Page : 317 pages
File Size : 52,7 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 : Maria Monnheimer
Publisher : Cambridge University Press
Page : 353 pages
File Size : 53,9 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 : Joanna Kulesza
Publisher : BRILL
Page : 331 pages
File Size : 42,6 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 : Alice Ollino
Publisher : Unknown
Page : 301 pages
File Size : 52,5 Mb
Release : 2022
Category : International obligations
ISBN : 1009054767
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.
Author : Heike Krieger,Anne Peters,Leonhard Kreuzer
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 44,9 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 : 49,6 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 : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 47,7 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 : Dinah Shelton
Publisher : OUP Oxford
Page : 1088 pages
File Size : 55,8 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 : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 50,6 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 : Hanqin Xue
Publisher : Cambridge University Press
Page : 400 pages
File Size : 46,8 Mb
Release : 2003-03-13
Category : Law
ISBN : 9781139438100
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.
Author : Michael N. Schmitt
Publisher : Cambridge University Press
Page : 641 pages
File Size : 45,9 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107177222
The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.
Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 44,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108494298
The book analyzes State responsibility in international law from a holistic and critical perspective.
Author : Tony Cabus
Publisher : Routledge
Page : 128 pages
File Size : 46,5 Mb
Release : 2021-12-21
Category : Law
ISBN : 9781000531848
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.
Author : Ludovica Chiussi Curzi
Publisher : BRILL
Page : 404 pages
File Size : 46,8 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 : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 40,6 Mb
Release : 2013
Category : Law
ISBN : 9781107012776
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.