Due Diligence in the International Legal Order
Heike Krieger · Anne Peters · Leonhard Kreuzer
Dec 2020 · Oxford University Press
Ebook
416
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About this ebook
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.
About the author
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 — 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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