Helge Elisabeth Zeitler
- 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
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 damaging foreign investment, but also positive measures to protect foreign investment, in particular against harm caused by private actors. This chapter shows the importance of and need for a comparative legal approach in order to understand what a guarantee of ‘full protection and security’ means today, in customary international law, but also in bilateral and multilateral investment treaties. It starts with an analysis of the origins of the clauses in customary international law and its importance for the understanding of their content under investment treaties, before analysing investment law jurisprudence on this basis. The applicable standard of protection in investment treaties is clarified in comparative perspective, in particular as regards human rights protection systems, with a view to developing general principles of law.Less
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 damaging foreign investment, but also positive measures to protect foreign investment, in particular against harm caused by private actors. This chapter shows the importance of and need for a comparative legal approach in order to understand what a guarantee of ‘full protection and security’ means today, in customary international law, but also in bilateral and multilateral investment treaties. It starts with an analysis of the origins of the clauses in customary international law and its importance for the understanding of their content under investment treaties, before analysing investment law jurisprudence on this basis. The applicable standard of protection in investment treaties is clarified in comparative perspective, in particular as regards human rights protection systems, with a view to developing general principles of law.
Manu Sharma and Esha Prashar
- 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
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. The objective of due diligence is to provide investors with greater assurance they will realize the value of investments. Due diligence is no longer an isolated step but is now integrated throughout the investment process. The chapter highlights the importance that due diligence plays in a PE transaction, the roles of both limited partners (LPs) and general partners (GPs), and the involvement of different parties in the due diligence process. The chapter also describes the steps in the due diligence process, challenges facing LPs investing in PE funds and PE firms investing in operating (target) companies, and different types of due diligence.Less
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. The objective of due diligence is to provide investors with greater assurance they will realize the value of investments. Due diligence is no longer an isolated step but is now integrated throughout the investment process. The chapter highlights the importance that due diligence plays in a PE transaction, the roles of both limited partners (LPs) and general partners (GPs), and the involvement of different parties in the due diligence process. The chapter also describes the steps in the due diligence process, challenges facing LPs investing in PE funds and PE firms investing in operating (target) companies, and different types of due diligence.
Martin Ellison and Chryssi Giannitsarou
- 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
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. This chapter explores the economics of Dragons' Den by setting up a model in which an entrepreneur decides how detailed preparations to make before pitching their business idea to a venture capitalist dragon. Basically the model is of a principal—agent problem with possible shirking and costly state verification. If the dragon (the principal) wants to find out whether the entrepreneur (the agent) is well prepared then they must spend time questioning the entrepreneur. The preparation of the entrepreneur depends both on the generosity of the financing terms offered by the dragons and, crucially, on the number of dragons relative to entrepreneurs in the venture capital market. An example of the insights from Dragons Denis investors wanting a financial adviser to undertake due diligence on any new investment opportunities they propose.Less
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. This chapter explores the economics of Dragons' Den by setting up a model in which an entrepreneur decides how detailed preparations to make before pitching their business idea to a venture capitalist dragon. Basically the model is of a principal—agent problem with possible shirking and costly state verification. If the dragon (the principal) wants to find out whether the entrepreneur (the agent) is well prepared then they must spend time questioning the entrepreneur. The preparation of the entrepreneur depends both on the generosity of the financing terms offered by the dragons and, crucially, on the number of dragons relative to entrepreneurs in the venture capital market. An example of the insights from Dragons Denis investors wanting a financial adviser to undertake due diligence on any new investment opportunities they propose.
Charlotte Beaucillon, Julian Fernandez, and Hélène Raspail
- 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
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 company (PMSC). The definition of the ius ad bellum itself is reconsidered as a corpus of norms, including a prohibition of the use of force but also encompassing obligations to prevent this use of force by private actors such as PMSCs. This lato sensu definition may lead to a recognition of state responsibility irrespective of whether or not the acts of private contractors are attributable to the state. It is argued that when a state cannot be held accountable for the violation of ius ad bellum stricto sensu by a PMSC, as a next step in determining state responsibility, respect of the due diligence principle needs to be examined. Moreover, states may have a duty to harmonise their national legal systems in order to prevent ius ad bellum violations by private actors.Less
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 company (PMSC). The definition of the ius ad bellum itself is reconsidered as a corpus of norms, including a prohibition of the use of force but also encompassing obligations to prevent this use of force by private actors such as PMSCs. This lato sensu definition may lead to a recognition of state responsibility irrespective of whether or not the acts of private contractors are attributable to the state. It is argued that when a state cannot be held accountable for the violation of ius ad bellum stricto sensu by a PMSC, as a next step in determining state responsibility, respect of the due diligence principle needs to be examined. Moreover, states may have a duty to harmonise their national legal systems in order to prevent ius ad bellum violations by private actors.
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
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 rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured States. This book explores the substantive international legal obligations and rules of State responsibility applicable to international terrorism and examines the problems and prospects for effectively holding States responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of State responsibility for international terrorism may be affected by the self-determination debate and any applicable lex specialis (including the jus in bello) and sub-systems of international law (including the WTO), as well as the interaction between determinations of individual criminal responsibility and the implementation of State responsibility. The international community has responded to the threat of international terrorism through both a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-State terrorist actors. The secondary rules of State responsibility analysed in this book cut across both approaches as they apply whether States breach their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing State responsibility for international terrorism, it also highlights the prospects for the rules of State responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between States if those obligations are breached.Less
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 rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured States. This book explores the substantive international legal obligations and rules of State responsibility applicable to international terrorism and examines the problems and prospects for effectively holding States responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of State responsibility for international terrorism may be affected by the self-determination debate and any applicable lex specialis (including the jus in bello) and sub-systems of international law (including the WTO), as well as the interaction between determinations of individual criminal responsibility and the implementation of State responsibility. The international community has responded to the threat of international terrorism through both a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-State terrorist actors. The secondary rules of State responsibility analysed in this book cut across both approaches as they apply whether States breach their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing State responsibility for international terrorism, it also highlights the prospects for the rules of State responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between States if those obligations are breached.
Kimberley N. Trapp
- 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
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 assessing non-compliance. It further explores the treaty obligations to extradite or submit terrorist actors to prosecution, and considers the possibility of concurrent individual and State responsibility for terrorism through an examination of the applicability of State immunity to terrorism prosecutions. Finally, Chapter 3 assesses the impact of the self-determination debate on the scope of the international terrorism suppression conventions through an analysis of their exclusion clauses. In particular, Chapter 3 treats the proposed distinction between terrorism and self-determination as a question of regime interaction between humanitarian law and the criminal law enforcement conventions applicable to international terrorism.Less
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 assessing non-compliance. It further explores the treaty obligations to extradite or submit terrorist actors to prosecution, and considers the possibility of concurrent individual and State responsibility for terrorism through an examination of the applicability of State immunity to terrorism prosecutions. Finally, Chapter 3 assesses the impact of the self-determination debate on the scope of the international terrorism suppression conventions through an analysis of their exclusion clauses. In particular, Chapter 3 treats the proposed distinction between terrorism and self-determination as a question of regime interaction between humanitarian law and the criminal law enforcement conventions applicable to international terrorism.
Alan Brudner
- 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
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 for dispensing with a subjective fault requirement for public welfare offences. It then derives from the real autonomy paradigm alternative constraints on penal action, namely, an injunction against strict liability, an injunction against imprisoning for negligent breaches of regulatory statutes, and a prescription for a general defence of nonnegligent ignorance of regulatory law. It concludes that the fair-opportunity-to-comply constraint on punishment that Hart proposed for the penal law as a whole properly applies only to public welfare offences.Less
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 for dispensing with a subjective fault requirement for public welfare offences. It then derives from the real autonomy paradigm alternative constraints on penal action, namely, an injunction against strict liability, an injunction against imprisoning for negligent breaches of regulatory statutes, and a prescription for a general defence of nonnegligent ignorance of regulatory law. It concludes that the fair-opportunity-to-comply constraint on punishment that Hart proposed for the penal law as a whole properly applies only to public welfare offences.
Alan Brudner
- 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
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 by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state's general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty theory, the conformity to moral expectation theory, and the suspension of law's threat theory. It then proposes a solution: moral blamelessness exonerates because it simulates the conditions for legal exculpation. Just as the exculpated actor acknowledges the legal norm of mutual respect for agents, so does the excused actor acknowledge the public reason of the self-sufficient political community of which the legal norm is a part. The chapter argues that this theory would excuse the altruistic no less than the self-preferring murderer. It also offers a unifying explanation for the excusing force of entrapment, due diligence, and officially-induced error. Finally, it explains partial excuses as moral analogues of partial exculpations.Less
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 by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state's general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty theory, the conformity to moral expectation theory, and the suspension of law's threat theory. It then proposes a solution: moral blamelessness exonerates because it simulates the conditions for legal exculpation. Just as the exculpated actor acknowledges the legal norm of mutual respect for agents, so does the excused actor acknowledge the public reason of the self-sufficient political community of which the legal norm is a part. The chapter argues that this theory would excuse the altruistic no less than the self-preferring murderer. It also offers a unifying explanation for the excusing force of entrapment, due diligence, and officially-induced error. Finally, it explains partial excuses as moral analogues of partial exculpations.
Andrew Boutros
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190232399
- eISBN:
- 9780190232412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190232399.003.0021
- Subject:
- Law, Criminal Law and Criminology, Company and Commercial Law
Third-party due diligence is a critical element in any anti-bribery compliance program. This chapter discusses the risks posed by the use of third-party agents and intermediaries and how those risks ...
More
Third-party due diligence is a critical element in any anti-bribery compliance program. This chapter discusses the risks posed by the use of third-party agents and intermediaries and how those risks can be assessed, documented, and mitigated. It reviews best practices and procedures covering the full span of third-party interaction, from the initial selection through any potential termination. It includes an in-depth presentation of techniques and procedures for internal and external review, in varying intensity to suit the range of possible risk. With an awareness of common pitfalls and an attention to cost concerns, this chapter provides a thorough and practical overview for any company seeking to meet its ethical and legal obligations under transnational anti-bribery law.Less
Third-party due diligence is a critical element in any anti-bribery compliance program. This chapter discusses the risks posed by the use of third-party agents and intermediaries and how those risks can be assessed, documented, and mitigated. It reviews best practices and procedures covering the full span of third-party interaction, from the initial selection through any potential termination. It includes an in-depth presentation of techniques and procedures for internal and external review, in varying intensity to suit the range of possible risk. With an awareness of common pitfalls and an attention to cost concerns, this chapter provides a thorough and practical overview for any company seeking to meet its ethical and legal obligations under transnational anti-bribery law.
Rashida Manjoo
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780199346578
- eISBN:
- 9780190258047
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199346578.003.0002
- Subject:
- Social Work, Crime and Justice
This chapter, authored by the United Nations Special Rapporteur on violence against women, traces the evolution of the treatment of violence against women as a human rights issue, explaining the ...
More
This chapter, authored by the United Nations Special Rapporteur on violence against women, traces the evolution of the treatment of violence against women as a human rights issue, explaining the State responsibility to act with due diligence to promote and protect human rights and describing the international instruments that apply that responsibility to the area of women’s rights. The chapter then outlines the Special Rapporteur’s findings on how State responsibility to act with due diligence was understood, interpreted, and implemented throughout the world. The chapter concludes that although there has been progress worldwide in the governmental response to violence against women, it is difficult to determine whether the laws and policies that have been adopted by States have been effective.Less
This chapter, authored by the United Nations Special Rapporteur on violence against women, traces the evolution of the treatment of violence against women as a human rights issue, explaining the State responsibility to act with due diligence to promote and protect human rights and describing the international instruments that apply that responsibility to the area of women’s rights. The chapter then outlines the Special Rapporteur’s findings on how State responsibility to act with due diligence was understood, interpreted, and implemented throughout the world. The chapter concludes that although there has been progress worldwide in the governmental response to violence against women, it is difficult to determine whether the laws and policies that have been adopted by States have been effective.
Helga Drummond
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198289531
- eISBN:
- 9780191684722
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198289531.003.0010
- Subject:
- Business and Management, Organization Studies, HRM / IR
This chapter analyses events leading up to the decision made by the board of the London Stock Exchange (LSE) in the autumn of 1991 to allocate further funding to Project Taurus. This decision is ...
More
This chapter analyses events leading up to the decision made by the board of the London Stock Exchange (LSE) in the autumn of 1991 to allocate further funding to Project Taurus. This decision is especially interesting because in retrospect, some people close to the project felt that it should have been stopped. This chapter examines why the decision-makers persisted and whether such persistence was a rational response to circumstances. According to the decision dilemma theory, withdrawal is logical when it becomes clear that decision-makers' expectations will not be met. The project was not stopped in 1991 despite considerable negative feedback. Once it becomes clear that expectations will not be met, persistence is dictated by psychological and social pressures coming into play sequentially. The root of escalation in decision-making, escalation as the observance of due diligence, and the actions of other players, including the market and the Taurus monitoring group, are considered.Less
This chapter analyses events leading up to the decision made by the board of the London Stock Exchange (LSE) in the autumn of 1991 to allocate further funding to Project Taurus. This decision is especially interesting because in retrospect, some people close to the project felt that it should have been stopped. This chapter examines why the decision-makers persisted and whether such persistence was a rational response to circumstances. According to the decision dilemma theory, withdrawal is logical when it becomes clear that decision-makers' expectations will not be met. The project was not stopped in 1991 despite considerable negative feedback. Once it becomes clear that expectations will not be met, persistence is dictated by psychological and social pressures coming into play sequentially. The root of escalation in decision-making, escalation as the observance of due diligence, and the actions of other players, including the market and the Taurus monitoring group, are considered.
Jason Scharfman
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780190607371
- eISBN:
- 9780190607401
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190607371.003.0019
- Subject:
- Economics and Finance, Financial Economics
This chapter provides an overview of hedge fund due diligence challenges facing investors with a specific focus on the operational due diligence process. Operational due diligence is the process of ...
More
This chapter provides an overview of hedge fund due diligence challenges facing investors with a specific focus on the operational due diligence process. Operational due diligence is the process of evaluating the operational risks in place at a hedge fund. In recent years, due to a series of hedge fund failures and frauds, operational risks have become increasingly important. Risk mitigation techniques include information technology infrastructure; evaluations by the board of directors; business continuity planning; hedge fund service provider assessment, valuation, and fund operations; and back-office procedures. Another component of the operational due diligence process involves performing background investigations on key personnel. By seeking to evaluate these types of operational risk, investors can better diagnose and avoid losses from these hedge fund operational failures and outright fraud.Less
This chapter provides an overview of hedge fund due diligence challenges facing investors with a specific focus on the operational due diligence process. Operational due diligence is the process of evaluating the operational risks in place at a hedge fund. In recent years, due to a series of hedge fund failures and frauds, operational risks have become increasingly important. Risk mitigation techniques include information technology infrastructure; evaluations by the board of directors; business continuity planning; hedge fund service provider assessment, valuation, and fund operations; and back-office procedures. Another component of the operational due diligence process involves performing background investigations on key personnel. By seeking to evaluate these types of operational risk, investors can better diagnose and avoid losses from these hedge fund operational failures and outright fraud.
Guido den Dekker and Eric PJ Myjer
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199604555
- eISBN:
- 9780191725180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604555.003.0010
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter is concerned with the right to life of private military and security contractors and its protection though personal self-defence in armed conflict. After analysing the right to life, and ...
More
This chapter is concerned with the right to life of private military and security contractors and its protection though personal self-defence in armed conflict. After analysing the right to life, and self-defence, in international human rights, humanitarian, and criminal law, it argues that private contractors cannot be denied through their contracts a right to carry and use firearms for lawful self-defence when the fulfillment of the contract in the operational area is life-threatening. If that situation is foreseeable or known to arrive, states can fulfill a ‘due diligence’ obligation to prevent unlawful, arbitrary killing of private contractors by allowing them arms for defensive purposes not amounting to a direct participation in the hostilities. However, the same considerations as well as the state monopoly on the use of force imply that states should in fact refrain from outsourcing tasks which require private contractors to be armed.Less
This chapter is concerned with the right to life of private military and security contractors and its protection though personal self-defence in armed conflict. After analysing the right to life, and self-defence, in international human rights, humanitarian, and criminal law, it argues that private contractors cannot be denied through their contracts a right to carry and use firearms for lawful self-defence when the fulfillment of the contract in the operational area is life-threatening. If that situation is foreseeable or known to arrive, states can fulfill a ‘due diligence’ obligation to prevent unlawful, arbitrary killing of private contractors by allowing them arms for defensive purposes not amounting to a direct participation in the hostilities. However, the same considerations as well as the state monopoly on the use of force imply that states should in fact refrain from outsourcing tasks which require private contractors to be armed.
Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter considers Binding Corporate Rules (BCR) as a form of Corporate Social Responsibility (CSR). It discusses to what extent data protection is covered by international soft law instruments ...
More
This chapter considers Binding Corporate Rules (BCR) as a form of Corporate Social Responsibility (CSR). It discusses to what extent data protection is covered by international soft law instruments that set guidelines for CSR, and if so, whether these have any repercussions for the BCR regime. This requires a discussion of human rights regulation, not so much in the context of whether these may be regulated by self-regulation, but whether the international instruments on CSR require that fundamental rights held by individuals should be viewed as imposing duties directly on multinationals, even for activities of these multinationals in countries that do not recognize such human rights.Less
This chapter considers Binding Corporate Rules (BCR) as a form of Corporate Social Responsibility (CSR). It discusses to what extent data protection is covered by international soft law instruments that set guidelines for CSR, and if so, whether these have any repercussions for the BCR regime. This requires a discussion of human rights regulation, not so much in the context of whether these may be regulated by self-regulation, but whether the international instruments on CSR require that fundamental rights held by individuals should be viewed as imposing duties directly on multinationals, even for activities of these multinationals in countries that do not recognize such human rights.
Francesco Francioni
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199604555
- eISBN:
- 9780191725180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604555.003.0006
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter argues that international human rights law offers a rational basis for the construction of a general due diligence obligation of home states of private military and security companies ...
More
This chapter argues that international human rights law offers a rational basis for the construction of a general due diligence obligation of home states of private military and security companies (PMSCs) to prevent, minimise, and remedy human rights violations by these companies, including violations connected to the export of their services. This conclusion is reached based on legal analysis of the content and structure of relevant human rights obligations, is supported by an evolutive interpretation of the rules of attribution of wrongful acts under the law of state responsibility, and is consistent with a policy perspective in which PMSCs' transnational operations are increasingly dependant on public procurement ties that these companies maintain with the states where they are based.Less
This chapter argues that international human rights law offers a rational basis for the construction of a general due diligence obligation of home states of private military and security companies (PMSCs) to prevent, minimise, and remedy human rights violations by these companies, including violations connected to the export of their services. This conclusion is reached based on legal analysis of the content and structure of relevant human rights obligations, is supported by an evolutive interpretation of the rules of attribution of wrongful acts under the law of state responsibility, and is consistent with a policy perspective in which PMSCs' transnational operations are increasingly dependant on public procurement ties that these companies maintain with the states where they are based.
Norman Wisely
- Published in print:
- 2010
- Published Online:
- May 2015
- ISBN:
- 9781845861018
- eISBN:
- 9781474406239
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861018.003.0016
- Subject:
- Law, Constitutional and Administrative Law
This Chapter considers the unique aspects of mergers and acquisitions in the upstream oil and gas industry that deals with the acquisition and disposal of individual or part thereof upstream assets. ...
More
This Chapter considers the unique aspects of mergers and acquisitions in the upstream oil and gas industry that deals with the acquisition and disposal of individual or part thereof upstream assets. It focuses in particular upon asset sales for cash consideration and examines in turn acquisition structures, the due diligence process, approvals and consents, pre-emptions and restrictions on assignment and consents and approvals, acquisition agreement, and completion. This Chapter accordingly offers a valuable insight into an area of legal practice about which it is not otherwise easy to gain information.Less
This Chapter considers the unique aspects of mergers and acquisitions in the upstream oil and gas industry that deals with the acquisition and disposal of individual or part thereof upstream assets. It focuses in particular upon asset sales for cash consideration and examines in turn acquisition structures, the due diligence process, approvals and consents, pre-emptions and restrictions on assignment and consents and approvals, acquisition agreement, and completion. This Chapter accordingly offers a valuable insight into an area of legal practice about which it is not otherwise easy to gain information.
Thomas J. Sargent and Jouko Vilmunen
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199666126
- eISBN:
- 9780191749278
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199666126.003.0001
- Subject:
- Economics and Finance, Macro- and Monetary Economics
The logical structures that emerge from striving to put economic theory at the service of public policy are intrinsically beautiful in their internal structures and also useful in their applications. ...
More
The logical structures that emerge from striving to put economic theory at the service of public policy are intrinsically beautiful in their internal structures and also useful in their applications. The contributors to this volume are leaders in patiently creating models and pushing forward technical frontiers. Revealed preferences show that they love equilibrium stochastic processes that are determined by Euler equations for modelling people's decisions about working, saving, investing, and learning, set within contexts designed to enlighten monetary and fiscal policy‐makers. Their papers focus on forces that can help understand macroeconomic outcomes, including learning, multiple equilibria, moral hazard, asymmetric information, heterogeneity, and constraints on commitment technologies. The contributions follow modern macroeconomics in using mathematics and statistics to understand behaviour in situations where there is uncertainty about how the future unfolds from the past. The contributions to this volume cover a wide range of issues in macroeconomics and macroeconomic policy. They thus seek to give a broader and more balanced view of the scope of modern macroeconomics.Less
The logical structures that emerge from striving to put economic theory at the service of public policy are intrinsically beautiful in their internal structures and also useful in their applications. The contributors to this volume are leaders in patiently creating models and pushing forward technical frontiers. Revealed preferences show that they love equilibrium stochastic processes that are determined by Euler equations for modelling people's decisions about working, saving, investing, and learning, set within contexts designed to enlighten monetary and fiscal policy‐makers. Their papers focus on forces that can help understand macroeconomic outcomes, including learning, multiple equilibria, moral hazard, asymmetric information, heterogeneity, and constraints on commitment technologies. The contributions follow modern macroeconomics in using mathematics and statistics to understand behaviour in situations where there is uncertainty about how the future unfolds from the past. The contributions to this volume cover a wide range of issues in macroeconomics and macroeconomic policy. They thus seek to give a broader and more balanced view of the scope of modern macroeconomics.
Diane A. Desierto
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198716938
- eISBN:
- 9780191785634
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198716938.003.0005
- Subject:
- Law, Public International Law, Company and Commercial Law
This chapter situates the ICESCR in the international investment system, uniquely characterized by the exponential growth of “hard law” investment treaties with diverse rule-interpreters in ...
More
This chapter situates the ICESCR in the international investment system, uniquely characterized by the exponential growth of “hard law” investment treaties with diverse rule-interpreters in institutionally administered and ad hoc investor–State arbitration tribunals. The chapter discusses variant treaty text design from the first to the current fourth generations of international investment agreements (IIAs), and the extent to which States’ regulatory freedoms have been preserved within IIAs. It explores alternative public policy options to ensure ICESCR compliance, such as providing for ICESCR extraterritorial application to both host States as well as investors’ home States; building in States’ duties to “respect, protect, and fulfill” the ICESCR into foreign investment due diligence and contracting processes; integrating the State’s continuing duties of social protection under the ICESCR in the design of regulatory risk assessments affecting the investment; calibrating IIA provisions on State regulatory freedoms; and scrutinizing compensation valuation methods in investor–State dispute settlement.Less
This chapter situates the ICESCR in the international investment system, uniquely characterized by the exponential growth of “hard law” investment treaties with diverse rule-interpreters in institutionally administered and ad hoc investor–State arbitration tribunals. The chapter discusses variant treaty text design from the first to the current fourth generations of international investment agreements (IIAs), and the extent to which States’ regulatory freedoms have been preserved within IIAs. It explores alternative public policy options to ensure ICESCR compliance, such as providing for ICESCR extraterritorial application to both host States as well as investors’ home States; building in States’ duties to “respect, protect, and fulfill” the ICESCR into foreign investment due diligence and contracting processes; integrating the State’s continuing duties of social protection under the ICESCR in the design of regulatory risk assessments affecting the investment; calibrating IIA provisions on State regulatory freedoms; and scrutinizing compensation valuation methods in investor–State dispute settlement.
Jeremy Horder
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225781
- eISBN:
- 9780191715174
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225781.003.0001
- Subject:
- Law, Criminal Law and Criminology
This introductory chapter begins with a brief discussion of the purpose of the book, which is to explore in depth the theoretical underpinning of existing excuses, and through such exploration ...
More
This introductory chapter begins with a brief discussion of the purpose of the book, which is to explore in depth the theoretical underpinning of existing excuses, and through such exploration calling into question the rationale for the restricted range of such excuses in most legal systems. The book argues in favour of three excuses that currently have, at best, only limited or partial recognition in criminal law: ‘diminished capacity’, ‘due diligence’, and ‘demands of conscience’ excuses. An overview of the subsequent chapters is presented.Less
This introductory chapter begins with a brief discussion of the purpose of the book, which is to explore in depth the theoretical underpinning of existing excuses, and through such exploration calling into question the rationale for the restricted range of such excuses in most legal systems. The book argues in favour of three excuses that currently have, at best, only limited or partial recognition in criminal law: ‘diminished capacity’, ‘due diligence’, and ‘demands of conscience’ excuses. An overview of the subsequent chapters is presented.
Irini Papanicolopulu
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198789390
- eISBN:
- 9780191831249
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198789390.003.0005
- Subject:
- Law, Public International Law
The chapter discusses the content of the legal obligations owed by States to people at sea. It first argues in favour of the emergence of a new general principle of international law, according to ...
More
The chapter discusses the content of the legal obligations owed by States to people at sea. It first argues in favour of the emergence of a new general principle of international law, according to which States have the duty to protect people at sea and to ensure that people enjoy their human rights. It then explores the nature of these duties and the extent to which an extensive range of positive obligations accompany negative ones. There follows a discussion of the tension between comprehensiveness and severability, and some measure of scrutiny over the usefulness of the different approaches for the protection of people at sea. Eventually, the book argues that the widespread acceptance of human rights and the development of detailed regulation providing for the exercise of mandatory legislative and enforcement jurisdiction are actually transforming the rights attributed to States under the traditional law of the sea into dutiesLess
The chapter discusses the content of the legal obligations owed by States to people at sea. It first argues in favour of the emergence of a new general principle of international law, according to which States have the duty to protect people at sea and to ensure that people enjoy their human rights. It then explores the nature of these duties and the extent to which an extensive range of positive obligations accompany negative ones. There follows a discussion of the tension between comprehensiveness and severability, and some measure of scrutiny over the usefulness of the different approaches for the protection of people at sea. Eventually, the book argues that the widespread acceptance of human rights and the development of detailed regulation providing for the exercise of mandatory legislative and enforcement jurisdiction are actually transforming the rights attributed to States under the traditional law of the sea into duties
