Due Diligence Obligations in International Human Rights Law

Due Diligence Obligations in International Human Rights Law
Author: Maria Monnheimer
Publisher: Cambridge University Press
Total Pages: 353
Release: 2021-02-18
Genre: Political Science
ISBN: 1108899307

With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.

Due Diligence Obligations in International Human Rights Law

Due Diligence Obligations in International Human Rights Law
Author: Maria Monnheimer
Publisher:
Total Pages:
Release: 2020
Genre: International law and human rights
ISBN: 9781108795265

"There has been much debate in recent years about the role of non-state actors in international law. Whereas their presence is undisputedly acknowledged, their status and legal accountability remains unsettled. In many areas of public international law, harm is now significantly often caused by actors other than states.1 Terrorist groups threaten the territorial integrity of states; private security companies are involved in armed conflicts; individual hackers initiate cyber-attacks; and multinational corporations cause transboundary environmental harm or business-related human rights violations. Nonetheless, international treaties and customary international law still assign rights and duties almost exclusively to states. Outside of international criminal law, there are but few attempts to establish individual responsibility. On the other hand, state responsibility only arises if an international obligation is breached and that breach is attributable to a state whereas only the actions of state organs acting in their official capacity may implicate state responsibility and the conduct of private individuals usually does not. Such conduct may be attributed if private citizens act as so-called de facto organs or a state acknowledges their behavior as its own - which occurs rather rarely. The nature of state responsibility is inherently restorative with the primary objective to maintain or restore an equilibrium between equal and sovereign states"--

Due Diligence Obligations in International Law

Due Diligence Obligations in International Law
Author: Alice Ollino
Publisher: Cambridge University Press
Total Pages: 317
Release: 2022-03-03
Genre: Law
ISBN: 1009063138

Due diligence obligations are typically described by scholars and practitioners as 'elusive', 'weak', and difficult to pin down in the abstract. Challenging these assumptions, this book offers a systematic reconstruction of the foundations of due diligence obligations of states and explores their nature, rationale, content and scope of operation in international law. Tackling due diligence from a general perspective, this book seeks to complement scholarly studies on public international law obligations and their theory. This book will be relevant for academics, practitioners, graduate students across international law and anyone seeking to better conceptualise due diligence under international law and understand how due diligence obligations are operationalised in practice.

A Duty to Prevent Genocide

A Duty to Prevent Genocide
Author: John Heieck
Publisher: Edward Elgar Publishing
Total Pages: 261
Release: 2018-09-28
Genre: History
ISBN: 1788117719

This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.

Due Diligence in International Law

Due Diligence in International Law
Author: Joanna Kulesza
Publisher: BRILL
Total Pages: 331
Release: 2016-08-09
Genre: Law
ISBN: 9004325190

Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.

Due Diligence in the International Legal Order

Due Diligence in the International Legal Order
Author: Heike Krieger
Publisher: Oxford University Press, USA
Total Pages: 433
Release: 2021-02-03
Genre: Law
ISBN: 0198869908

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.

Building a Treaty on Business and Human Rights

Building a Treaty on Business and Human Rights
Author: Surya Deva
Publisher: Cambridge University Press
Total Pages: 539
Release: 2017-10-19
Genre: Business & Economics
ISBN: 1107199115

This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.

Human Rights Obligations of Business

Human Rights Obligations of Business
Author: Surya Deva
Publisher: Cambridge University Press
Total Pages: 451
Release: 2013-11-21
Genre: Business & Economics
ISBN: 1107036879

This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Cyber Operations and International Law

Cyber Operations and International Law
Author: François Delerue
Publisher: Cambridge University Press
Total Pages: 545
Release: 2020-03-19
Genre: Law
ISBN: 1108490271

This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.