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Due Diligence in the International Legal Order

Edited by: Heike Krieger, Anne Peters, Leonhard Kreuzer

ISBN13: 9780198869900
Published: December 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00 - Reprinting



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.

Subjects:
Public International Law
Contents:
1:Due Diligence in International Law: Dissecting the Leitmotif of Current Accountability Debates, Anne Peters, Heike Krieger and Leonhard Kreuzer
Part I: Due Diligence and General International Law
2:The Historical Roots of the Due Diligence Standard, Giulio Bartolini
3:Due Diligence in the History of the Codification of the Law of State Responsibility, Helmut Philipp Aust and Prisca Feihle
4:Member States' Due Diligence Obligations to Supervise International Organizations, Kristina Daugirdas
5:The Function of the Triad 'Territory', 'Jurisdiction' and 'Control' in Due Diligence Obligations, Federica Violi
6:Due Diligence and the Duty to Protect Human Rights, Björnstjern Baade
Part II: Due Diligence in International Environmental Law
7:Due Diligence in International Environmental Law: A Fine-grained Cartography, Jorge E. Viñuales
8:Due Diligence in the Use of International Watercourses, Malgosia Fitzmaurice
9:Due Diligence in the Law of the Sea, Irini Papanicolopulu
10:Due Diligence in International Climate Change Law, Lavanya Rajamani
Part III: Due diligence in peace and security law
11:Due Diligence in International Humanitarian Law, Marco Longobardo
12:Due Diligence and the Obligation to Prevent Genocide and Crimes Against Humanity, Larissa van den Herik and Emma Irving
13:Due Diligence, the UN and Peacekeeping, Nigel White
14:Due Diligence in International Anti-terrorism Law: Developments in the Resolutions of the UN Security Council, Inger Österdahl
15:Due Diligence in Cyber Activities, Eric Talbot Jensen
Part IV: Due diligence in international economic law
16:Due Diligence in International Investment Law: From the Law of Aliens to Responsible Investment, Aniruddha Rajput
17:Due Diligence Debates in International Anti-corruption and Money Laundering Law: From Content to the Construction of Risk, Radha Ivory
18:Due Diligence in International Tax Law, Reuven S. Avi-Yonah and Gianluca Mazzoni
19:Due Diligence in International Trade Law, Markus Krajewski
20:Due Diligence in World Bank Project Financing, Diane Desierto
21:Conclusion: Due Diligence and Structural Change in the International Legal Order, Heike Krieger and Anne Peters