Due Diligence in the International Legal Order
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Product details:
- Publisher OUP Oxford
- Date of Publication 4 December 2020
- ISBN 9780198869900
- Binding Hardback
- No. of pages432 pages
- Size 240x160x29 mm
- Weight 778 g
- Language English 59
Categories
Short description:
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.
MoreLong description:
Due diligence is a prominent concept in international law, frequently referred to in arbitral awards, court decisions, and in scholarly discussions on state responsibility. However, until now, the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law.
Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. This book exposes the promises and limits of due diligence for enhancing accountability and compliance. It identifies the rise of due diligence as both a driver and signal of change in the international legal order towards risk management and proceduralisation.
Table of Contents:
Due Diligence in International Law: Dissecting the Leitmotif of Current Accountability Debates
Part I: Due Diligence and General International Law
The Historical Roots of the Due Diligence Standard
Due Diligence in the History of the Codification of the Law of State Responsibility
Member States' Due Diligence Obligations to Supervise International Organizations
The Function of the Triad 'Territory', 'Jurisdiction' and 'Control' in Due Diligence Obligations
Due Diligence and the Duty to Protect Human Rights
Part II: Due Diligence in International Environmental Law
Due Diligence in International Environmental Law: A Fine-grained Cartography
Due Diligence in the Use of International Watercourses
Due Diligence in the Law of the Sea
Due Diligence in International Climate Change Law
Part III: Due diligence in peace and security law
Due Diligence in International Humanitarian Law
Due Diligence and the Obligation to Prevent Genocide and Crimes Against Humanity
Due Diligence, the UN and Peacekeeping
Due Diligence in International Anti-terrorism Law: Developments in the Resolutions of the UN Security Council
Due Diligence in Cyber Activities
Part IV: Due diligence in international economic law
Due Diligence in International Investment Law: From the Law of Aliens to Responsible Investment
Due Diligence Debates in International Anti-corruption and Money Laundering Law: From Content to the Construction of Risk
Due Diligence in International Tax Law
Due Diligence in International Trade Law
Due Diligence in World Bank Project Financing
Conclusion: Due Diligence and Structural Change in the International Legal Order
