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Due Diligence and Structural Change in the International Legal Order

Heike Krieger and Anne Peters

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0021
Subject:
Law, Company and Commercial Law, Public International Law

This chapter first analyses the legal functions of due diligence, notably risk-management and securing accountability, defining audits and impact assessments, or operationalising obligations of ... More


Full Protection and Security

Helge Elisabeth Zeitler

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically ... More


Due Diligence in the International Legal Order: Dissecting the Leitmotif of Current Accountability Debates

Anne Peters, Heike Krieger, and Leonhard Kreuzer

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0001
Subject:
Law, Company and Commercial Law, Public International Law

The introductory chapter sets the scene for this book and establishes an analytical framework for the sector-specific chapters. It traces the etymological roots of the notion of due diligence and ... More


Due Diligence in International Investment Law: From the Law of Aliens to Responsible Investment

Aniruddha Rajput

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0016
Subject:
Law, Company and Commercial Law, Public International Law

This chapter analyses the prominent role of due diligence in international investment law. It points out that due diligence was relevant in this field as an element of customary law norms requiring ... More


Private Equity Due Diligence

Manu Sharma and Esha Prashar

in Private Equity: Opportunities and Risks

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199375875
eISBN:
9780199375899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199375875.003.0017
Subject:
Economics and Finance, Financial Economics

Private equity (PE) due diligence is important because when done properly, it can create a clear opinion about a future transaction for a PE firm and save the firm money by revealing potential risks. ... More


Due Diligence in the History of the Codification of the Law of State Responsibility

Helmut Philipp Aust and Prisca Feihle

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0003
Subject:
Law, Company and Commercial Law, Public International Law

This chapter sheds light on the role that due diligence played throughout the drafting history of the International Law Commission’s (ILC) Articles on the Responsibility of States for Internationally ... More


Too Many Dragons in the Dragons' Den

Martin Ellison and Chryssi Giannitsarou

in Macroeconomics at the Service of Public Policy

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199666126
eISBN:
9780191749278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199666126.003.0011
Subject:
Economics and Finance, Macro- and Monetary Economics

Dragons' Den is a reality television series in which entrepreneurs pitch their business ideas to a panel of rich venture capitalists in the hope of securing investment finance. ... More


Due Diligence in International Humanitarian Law

Marco Longobardo

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0011
Subject:
Law, Company and Commercial Law, Public International Law

This chapter assesses due diligence in international humanitarian law. It identifies international humanitarian law rules governed by due diligence in the fields of the duty to ensure respect for ... More


Due Diligence in Cyber Activities

Eric Talbot Jensen

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0015
Subject:
Law, Company and Commercial Law, Public International Law

This chapter analyses the application of the principle of due diligence with regard to cyber activities. Both states and non-state actors have been actively engaged in cyber operations, causing ... More


State Responsibility for International Terrorism

Kimberley N. Trapp

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

The rules of State responsibility have an important but under-utilised role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the ... More


State Responsibility for Conduct of Private Military and Security Companies Violating Ius ad Bellum

Charlotte Beaucillon, Julian Fernandez, and Hélène Raspail

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0021
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the circumstances under which states can be held accountable for a breach of the ius ad bellum, when the acts in question were performed by a private military and security ... More


The Historical Roots of the Due Diligence Standard

Giulio Bartolini

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0002
Subject:
Law, Company and Commercial Law, Public International Law

This chapter analyses the historical roots of the due diligence standard. It looks at early examples of primary obligations with a due diligence component in the law pertaining to the protection of ... More


Due Diligence, the UN, and Peacekeeping

Nigel D. White

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0013
Subject:
Law, Company and Commercial Law, Public International Law

This chapter focuses on the application, acceptance, and implementation of human rights due diligence obligations in UN peacekeeping operations. It points to growing, but uneven, evidence of the ... More


Obligations to prevent and punish acts of international terrorism

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0003
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 3 examines the customary and treaty obligations to prevent international terrorism with a view to identifying both the scope of due diligence required for compliance and any difficulties with ... More


Due Diligence in International Climate Change Law

Lavanya Rajamani

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0010
Subject:
Law, Company and Commercial Law, Public International Law

The international climate change regime has evolved over time to include a wider spectrum of obligations—substantive and procedural, as well as obligations of conduct and result. The increasing ... More


Due Diligence in International Trade Law

Markus Krajewski

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0019
Subject:
Law, Company and Commercial Law, Public International Law

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to ... More


Liability for Public Welfare Offences

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0006
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The question for discussion in this chapter is: under what substantive constraints can autonomous agents be penalized for a public welfare offence? The chapter offers a nonutilitarian justification ... More


Excuse

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor ... More


Due Diligence in the International Legal Order

Heike Krieger, Anne Peters, and Leonhard Kreuzer (eds)

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.001.0001
Subject:
Law, Company and Commercial Law, Public International Law

Due diligence is a prominent concept in international law. Still, for long, its role seemed to be that of a familiar stranger. Frequent referrals to the concept in arbitral awards, court decisions, ... More


Due Diligence in International Environmental Law: A Fine-grained Cartography

Jorge E. Viñuales

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0007
Subject:
Law, Company and Commercial Law, Public International Law

This chapter analyses the duty of due diligence in the field of environmental protection. It provides a fine-grained analysis of the main legal bases for the determination of due diligence in this ... More


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