scholarly journals Due diligence na contratação de terceiros

2021 ◽  
Vol 2 (2) ◽  
pp. 105-117
Author(s):  
Fernanda Nunes Lana E Souza
Keyword(s):  
Due Diligence

As Due Diligences são mecanismos utilizados para antever riscos que poderão ser gerados quando da contratação de terceiros em uma organização. Por constituir um dos parâmetros para a efetividade de um Programa de Compliance, representa também uma boa prática no âmbito do Sistema de Governança Corporativa das empresas brasileiras. 

Diligentia quam in suis as a Technique for a Contextual Application of the Full Protection and Security Standard: Considering the Level of Development of Host States in International Investment Law

2020 ◽  
Vol 28 (4) ◽  
pp. 596-611
Author(s):  
Nitish Monebhurrun
Keyword(s):  
International Law ◽  
International Investment ◽  
Due Diligence ◽  
Foreign Investors ◽  
International Investment Law ◽  
Local Means ◽  
Security Standard ◽  
Maximum Protection ◽  
Investment Law ◽  
Full Protection

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.

HR Due Diligence

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

Vendor Due Diligence

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

RJC Due Diligence Member Toolkit

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

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

The Shame of Sham Due Diligence

CFA Magazine ◽  
2009 ◽  
Vol 20 (1) ◽  
pp. 11-11
Author(s):  
Ronald J. Surz
Keyword(s):  
Due Diligence
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