Due Diligence in International Law

Author: Joanna Kulesza

Publisher: BRILL

ISBN: 9004325190

Category: Law

Page: 380

View: 3053

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Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.
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Responsibilities and Liabilities for Commercial Activity in the Arctic

The Example of Greenland

Author: Vibe Ulfbeck,Anders Møllmann,Bent Ole Gram Mortensen

Publisher: Routledge

ISBN: 1317340825

Category:

Page: 246

View: 6493

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Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.
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Money Laundering Counter-measures in the European Union

A New Paradigm of Security Governance Versus Fundamental Legal Principles

Author: Valsamis Mitsilegas

Publisher: Kluwer Law International B.V.

ISBN: 9041121315

Category: Law

Page: 207

View: 4214

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The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.
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Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Theoretical Considerations and Empirical Findings

Author: Noemi Gal-Or,Cedric Ryngaert,Math Noortmann

Publisher: Hotei Publishing

ISBN: 9004293639

Category: Law

Page: 406

View: 4354

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To whom are armed opposition groups and business corporations accountable for their actions in armed conflict and in peace times? Are they responsible as a group? This pioneer book offers innovative theoretical and empirical analyses to these questions.
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The Roles of Psychology in International Arbitration

Author: Tony Cole

Publisher: Kluwer Law International B.V.

ISBN: 9041159282

Category: Law

Page: 456

View: 5141

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The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
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Permutations of Responsibility in International Law

Author: N.A

Publisher: BRILL

ISBN: 9004390480

Category: Law

Page: 288

View: 6706

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In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.
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Realm of Company Law

Author: L. S. Sealy

Publisher: Kluwer Law International B.V.

ISBN: 9041107339

Category: Business & Economics

Page: 273

View: 1396

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This outstanding compilation of papers addresses current, diverse issues in company law. Topics of discussion include governance of enterprises, rights and responsibilities of management, protection of investors, minority shareholder protection, company solvency, and the impact of technology on commercial practice. This important collection of quality work marks the occasion of the retirement of Len Sealy, a scholar, teacher, author, law reformer, and even drafter who has made a profound, globally-felt contribution to the realm of company law. The works brought together in this unique tribute come from leading company lawyers from around the world. Practitioners and academics in the field will want to add this momentous work of lasting import to their libraries.
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