The Experts below are selected from a list of 14280 Experts worldwide ranked by ideXlab platform
Chiara Macchi - One of the best experts on this subject based on the ideXlab platform.
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the role of human rights and environmental Due Diligence legislation in protecting women migrant workers in global food supply chains
Social Science Research Network, 2021Co-Authors: Daniel Augenstein, Chiara MacchiAbstract:This research policy study examines the role of human rights and environmental Due Diligence legislation in protecting women migrant workers in global food supply chains. It considers in detail a recent proposal by the European Parliament for an EU Directive on Corporate Due Diligence and Corporate Accountability
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the climate change dimension of business and human rights the gradual consolidation of a concept of climate Due Diligence
Business and Human Rights Journal, 2021Co-Authors: Chiara MacchiAbstract:This article makes the case for a ‘holistic’ approach to human rights Due Diligence, arguing that such a standard must be interpreted in the light of mutually reinforcing principles of environmental law, climate law and human rights law. Through a review of emerging climate change-related litigation, it shows how a concept of ‘climate Due Diligence’ is gradually consolidating. Building on the United Nations Guiding Principles on Business and Human Rights, the article explores climate Due Diligence both as a standard of conduct and as a business process, presenting its main features. It argues that corporations should integrate climate Due Diligence into their processes and policies to be best prepared for likely regulatory and judicial developments, such as the upcoming European Union’s regulation on human rights and environmental Due Diligence.
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hardening soft law the implementation of human rights Due Diligence requirements in domestic legislation
Legal Sources in Business and Human Rights, 2020Co-Authors: Chiara Macchi, Claire BrightAbstract:Although the UN Guiding Principles on Business and Human Rights (UNGPs) are a soft law instrument which does not create any legally binding obligations, they nevertheless constitute the first authoritative global standard on business and human rights and have spurred a number of domestic-level legislative developments that seek to implement the UNGPs and translate the human rights Due Diligence (HRDD) requirements into hard law, through a process of progressive ‘hardening’ of the UNGPs. Indeed, since the adoption of the UNGPs in 2011, a wide spectrum of domestic-level measures on HRDD have bloomed in numerous jurisdictions throughout the world. Reporting regulations such as the UK and Australian Modern Slavery Acts focus on only one part, albeit an essential one, of the HRDD process which is the communication element. Other domestic-level measures, such as the Dutch Child Labour Due Diligence Law, go beyond mere mandatory reporting by requiring companies to actually undertake HRDD, whilst remaining issue-specific. Some go still further, such as the French law on the duty of vigilance, the Swiss Initiative on Responsible Business, and the German draft law on Due Diligence in supply chains, by aiming to provide an overarching mandatory Due Diligence framework, with penalties and a civil liability regime attached to it. This Chapter will provide an in-depth analysis of these legal developments.
Christopher D Bullinger - One of the best experts on this subject based on the ideXlab platform.
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the Due Diligence process for acquiring and building power plants
The Electricity Journal, 1999Co-Authors: Marc A Vallen, Christopher D BullingerAbstract:Abstract The ultimate success of an acquisition bid for merchant power plants can hinge on the quality of the Due Diligence process that precedes the bid. To succeed, bidders must assemble a team comprising personnel from diverse disciplines who have strong project management skills.
Arkadiy V Sakhartov - One of the best experts on this subject based on the ideXlab platform.
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economies of scope and optimal Due Diligence in corporate acquisitions
Organization Science, 2019Co-Authors: Jeffrey J Reuer, Arkadiy V SakhartovAbstract:This study develops a theory of Due Diligence in corporate acquisitions. Using a formal model, the study situates Due Diligence in the context of economies of scope, which are often sought by acqui...
Andreas Kuehn - One of the best experts on this subject based on the ideXlab platform.
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unpacking the international law on cybersecurity Due Diligence lessons from the public and private sectors
Chicago Journal of International Law, 2016Co-Authors: Scott Shackelford, Scott Russell, Andreas KuehnAbstract:Table of ContentsI. Introduction 3II. Unpacking Due Diligence Under International Law 4A. An Introduction to Customary International Cybersecurity Law 5B. ICJ Jurisprudence as It Relates to Cybersecurity Due Diligence 71. Corfu Channel and the duty to warn 82. Trail Smelter and the "no harm" principle 103. Nicaragua and non-intervention 114. Countermeasures and the Gabcikovo-Nagymaros Project 17C. Cybersecurity Due Diligence Obligations of Transit States 20D. Caveats 22III. National and Private-Sector Approaches to Cybersecurity Due Diligence.. 24A. National Approaches to Regulating Cybersecurity Due Diligence 251. The U.S 252. Germany 273. China 304. Summary 345. Cyber Due Diligence Matrix 34B. Lessons from the Private Sector 42C. A Polycentric Approach to Promoting Due Diligence and Cyber Peace... 46IV. Conclusion 49I. IntroductionRarely does a day go by in which some variety of cyber attack is not frontpage news. From Sony to JP Morgan, Saudi Aramco to the Ukraine crisis, cybersecurity is increasingly taking center stage in diverse arenas of geopolitics, international economics, security, and law. In mid-2015 alone numerous highprofile incidents came to light involving both the public and private sectors, including the breach of more than twenty-one million current and former federal employees' private information from the U.S. Office of Personnel Management.1 Yet despite the increasing proliferation of these incidents, the field of international cybersecurity law and policy remains relatively immature. For example, although there has been a relative abundance of scholarship exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold at which point the law of armed conflict is activated.2 This is surprising, since the vast majority of cyber attacks do not cross this threshold.3 Among the most important unanswered questions is what exacdy nations' Due Diligence obligations to secure their networks and to prosecute or extradite cyber attackers are. The International Court of Justice (ICJ) has some guiding jurisprudence on this point. The Corfu Channel case stated that one country's territory should not be "used for acts contrary to the rights of other States."4 But analogizing is required, and these cases are not dispositive, requiring a review of stakeholder practice. A wealth of information is available in the arena of cybersecurity Due Diligence from both the public and private sectors, that has, to date, been largely untapped, that could help answer the question of what steps nations and companies under their jurisdiction should take to secure their networks. …
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unpacking the international law on cybersecurity Due Diligence lessons from the public and private sectors
2015Co-Authors: Scott Shackelford, Scott Russell, Andreas KuehnAbstract:Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ Due Diligence obligations are to one another and to their respective private sectors. The International Court of Justice (“ICJ”) has not yet explicitly considered this topic, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States.” But what steps exactly do nations and companies under their jurisdiction have to take under international law to secure their networks, and what of the rights and responsibilities of transit states? This Article reviews the arguments surrounding the creation of a cybersecurity Due Diligence norm and argues for a proactive regime that takes into account the common but differentiated responsibilities of public and private sector actors in cyberspace. The analogy is drawn to cybersecurity Due Diligence in the private sector and the experience of the 2014 National Institute of Standards and Technology (“NIST”) Framework to help guide and broaden the discussion.
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defining cybersecurity Due Diligence under international law lessons from the private sector
2015Co-Authors: Scott Shackelford, Scott Russell, Andreas KuehnAbstract:Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ Due Diligence obligations are to their respective private sectors and to one another. The International Court of Justice (“ICJ”) has not explicitly considered the legality of cyber weapons to this point, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States.” But what steps exactly do nations and companies under their jurisdiction have to take under international law to secure their networks, and what of the rights and responsibilities of transit states? This chapter reviews the arguments surrounding the creation of a cybersecurity Due Diligence norm and argues for a proactive regime that takes into account the common but differentiated responsibilities of public- and private-sector actors in cyberspace. The analogy is drawn to cybersecurity Due Diligence in the private sector and the experience of the 2014 National Institute of Standards and Technology (“NIST”) Framework to help guide and broaden the discussion.
Daniel M Franks - One of the best experts on this subject based on the ideXlab platform.
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incorporating human rights into the corporate domain Due Diligence impact assessment and integrated risk management
Impact Assessment and Project Appraisal, 2013Co-Authors: Geordan Graetz, Daniel M FranksAbstract:Business and human rights are often thought to be antithetical, but as societal expectations on companies have grown, it has become increasingly important for businesses to understand and act upon their legal and moral obligations to respect human rights. The authors of this paper begin by charting the evolution of the rights paradigm and its incorporation into the corporate sphere of influence. Second, the concept of human rights Due Diligence is examined, owing to its prominence in John Ruggie's ‘Protect, Respect and Remedy’ framework. Human Rights Impact Assessments, as an emerging Due Diligence tool, warrant further attention, theorization and critique. Finally, it is suggested that human rights Due Diligence could be consolidated within existing corporate risk management systems. Reframing human rights in the context of social and business risks may provide a path for companies to understand the need for human rights Due Diligence by linking rights considerations with business concerns.
