Outsourcing the Law

Westerman, Pauline

doi:10.4337/9781785365027

Cited by 12 publications

(9 citation statements)

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“…Basically, he argued that the high standard of proof of the prevention principle was used instead of the lower standard of proof of the precautionary principle; Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment (Separate Opinion Judge Greenwood), ICJ Reports 2010, p. 221; see also Boyle and Harrison (2013), p. 269. 60 See Westerman (2018); for an earlier analysis in Dutch see Westerman (2008).…”

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

“…For example, the precautionary principle does not refer to any concrete and specific measures that need to be taken, so in that regard the state has discretion when it comes to implementation. What is clear from the due diligence obligation is that a state needs to take precautionary 68 Westerman (2008), p. 51;Westerman (2018), pp. 2-3.…”

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

“…71 Although Westerman does not analyse due diligence obligations in international law, her analysis of outsourced law-making is useful to understand the regulatory function of due diligence obligations in international law; Westerman (2008); Westerman (2013), pp. 160-166;Westerman (2018). 72 Second Report (n. 6), pp.…”

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

“…73 Rio Declaration (n. 21), Principle 15. 74 Westerman (2018), p. 23. measures which can reasonably be expected from the state. In other words, the state needs to create more concrete and specific rules and policies to reach the regulatory end-goal because the precautionary principle itself does not prescribe what these rules and policies should look like.…”

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

“…3, these norms require the state to deliver reports on the measures that have been taken and policies that have been pursued, but can even require the states to account for future plans that they have developed. 189 For instance, the ambition cycle of the NDCs requires states to communicate their NDC in which they are expected to show progression every five years. 190 Such a concrete procedural obligation supplements the open-ended due diligence obligation under Article 4(2) Paris Agreement and ensures that the Conference of Parties (COP) can supervise whether states have made serious efforts to reach their self-determined goals.…”

Section: Good Faith and Reportingmentioning

confidence: 99%

See 4 more Smart Citations

Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

Malaihollo

2021

Neth Int Law Rev

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Due diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

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Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

Section: Obligations Of Conduct and Result: A Regulatory Perspectivementioning

confidence: 99%

Section: Good Faith and Reportingmentioning

confidence: 99%

See 3 more Smart Citations

Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

Malaihollo

2021

Neth Int Law Rev

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Economic Approaches to Legal Reasoning: An Overview

Cserne

2020

Palgrave Studies in Institutions, Economics and Law

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Introduction: Transformations of European Welfare States and Social Rights

Nielsen,

Hammerslev

2023

Palgrave Socio-Legal Studies

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In this introductory chapter, we outline the literature in which the anthology is positioned and the anthology’s contribution hereto. We account for the questions addressed in the anthology and its structure based on three sections that each analyses transformations of European welfare states and social rights from macro, meso and micro level perspectives, respectively. As described in the chapter and illustrated throughout the anthology, the three levels are interlinked: Macro level welfare state transformations influence the meso level of public encounters between welfare professionals and citizens, and on micro level, these encounters have real effect for, for example, citizens’ access to social rights. Linking the levels, the anthology contributes with analytical insights into welfare state transformations and social rights.

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Outsourcing the Law

Cited by 12 publications

References 0 publications

Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

Economic Approaches to Legal Reasoning: An Overview

Introduction: Transformations of European Welfare States and Social Rights

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