Author(s):  
Heike Krieger ◽  
Anne Peters

This chapter first analyses the legal functions of due diligence, notably risk-management and securing accountability, defining audits and impact assessments, or operationalising obligations of progressive realisation. The chapter interprets the rise of due diligence as a response to, a manifestation of, and a catalyst for structural change in international law. These changes include proceduralisation, pluralisation of legal subjects, de-constitutionalisation, and more proactive risk management. The chapter traces understandings of due diligence throughout the different areas of international law and across different types of legal persons. It concludes that due diligence has quite diverse meanings and functions depending on the legal context, and can therefore hardly be qualified as an overarching principle of international law. While due diligence shapes the international law of a global risk society and helps to secure accountability, it also menaces to mellow firm obligations and thus bears the risk to undermine the international rule of law.


This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.


2018 ◽  
Vol 18 (3) ◽  
pp. 261-284
Author(s):  
S.V. TRETYAKOV ◽  
E.V. MASHKOVA

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