Due Diligence in the International Legal Order

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Heike Krieger (Professor of Public Law and Public International Law, Professor of Public Law and Public International Law, Freie Universität Berlin) Anne Peters (Director, Director, Max Planck Institute for Comparative Public Law and Public International Law)

Due Diligence in the International Legal Order

Heike Krieger (Professor of Public Law and Public International Law, Professor of Public Law and Public International Law, Freie Universität Berlin), Anne Peters (Director, Director, Max Planck Institute for Comparative Public Law and Public International Law), Leonhard Kreuzer (Research Fellow, Research Fellow, Max Planck Institute for Comparative Public Law and International Law.)

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English

Oxford University Press
18 December 2020

Public international law; International economic & trade law; International environmental law; International human rights law; Responsibility of states & other entities

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.

Edited by: Heike Krieger (Professor of Public Law and Public International Law Professor of Public Law and Public International Law Freie Universität Berlin), Anne Peters (Director, Director, Max Planck Institute for Comparative Public Law and Public International Law), Leonhard Kreuzer (Research Fellow, Research Fellow, Max Planck Institute for Comparative Public Law and International Law.)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 29mm
Weight: 1g
ISBN: 9780198869900
ISBN 10: 0198869908
Pages: 432
Publication Date: 18 December 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

Heike Krieger holds the Chair for Public Law and International Law at the Freie Universität Berlin. She is Max Planck Fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and chair of the Berlin Potsdam Research Group (Kolleg-Forschungsgruppe) 'The International Rule of Law DL Rise or Decline?' (funded by the German Research Foundation). Between 2007 and 2014 she acted as a judge of the Constitutional Court of the State of Berlin. She has represented the German parliament before the German Constitutional Court and acted as counsel for the German government before the European Court of Human Rights. She is a member of the Holberg Committee. Her research focuses on general international law, international human rights law, and international humanitarian law. Anne Peters is Director at the Max Planck Institute for Comparative Public Law and International Law Heidelberg, Professor at Heidelberg, Basel, and Freie Universität Berlin, and a L. Bates Lea Global Law Professor at the University of Michigan. She has been a member of the European Commission for Democracy through Law (Venice Commission) in respect of Germany (2011-2015) and served as the President of the European Society of International Law (2010-2012). She is currently Chairwoman of the German Society of International Law (DGIR). Her research interests relate to public international law including its history, global animal law, global governance, and global constitutionalism, and the status of humans in international law. Leonhard Kreuzer is Research Fellow at the Max Planck Institute for Comparative Public Law and International Law Heidelberg and a PhD candidate at the Freie Universität Berlin. He is a member of the editorial board of the Völkerrechtsblog.

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Due Diligence in the International Legal Order

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