scholarly journals Exercising Due Diligence in Legal Requirements Acquisition: A Tool-supported, Frame-Based Approach

Author(s):  
Travis Breaux
2020 ◽  
Vol 28 (4) ◽  
pp. 596-611
Author(s):  
Nitish Monebhurrun

With international investment law as the background to this study, the present article examines how the full protection and security standard can be construed from the perspective of developing states hosting foreign investments. The research delves into classical public international law to argue that the diligentia quam in suis rule can be used as a means of interpretation to strike a balance between foreign investors’ and developing states’ interests when construing the full protection and security standard. The rule provides that any expected due diligence from the state party is necessarily of a subjective nature. This means that developing host states must deploy their best efforts to offer maximum protection to foreign investors not on an in abstracto basis but as per their local means and capacity. Accordingly, the standard is presented as an adaptable and flexible one which moulds its contours as per the level of development of the host state. Such flexibility does not imply condoning states’ abuse and negligence. The article explains how the diligentia quam in suis rule enables a conciliation between the full protection and security standard and the host state's level of development while rationalising the standard's application to developing nations.


2012 ◽  
Author(s):  
ChyeKok Ho ◽  
Chin Seng Koh
Keyword(s):  

2005 ◽  
Vol 34 (10) ◽  
pp. 548-553
Author(s):  
Sebastian Friese ◽  
Thomas Mittendorf ◽  
J.-Matthias Graf von der Schulenburg
Keyword(s):  

2020 ◽  
Vol 37 (3) ◽  
pp. 230-230
Author(s):  
Carol M. Stockton
Keyword(s):  

2010 ◽  
Vol 1 (1-2) ◽  
pp. 51-54
Author(s):  
J. Fettig

Abstract The structure of public water supply in Germany and the water resources used are briefly described. An overview over the legal requirements for drinking water is given, and the sources for contaminants are outlined. Then the multiple-barrier approach is discussed with respect to the resources groundwater and spring water, lake and reservoir water, and river water. Examples for treatment schemes are given and the principle of subsurface transport of river water as a first treatment step is described.


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